Senator Cardin's Floor Statement on Deteriorating Situation in Ukraine

Senator Cardin's Floor Statement on Deteriorating Situation in Ukraine

Hon.
Benjamin L. Cardin
United States
Senate
113th Congress Congress
Second Session Session
Friday, May 02, 2014

Madam President, I take this time on the floor as the Chair of the U.S. Helsinki Commission. The Helsinki Commission is the operating arm of the U.S. participation in the Organization for Security and Cooperation in Europe, the OSCE. It has been in the press recently because of the circumstances in Ukraine, which is what I am going to talk about.

First, I will remind my colleagues that the United States, along with all the countries of Europe and Canada, formed the commission on security and cooperation in Europe in 1975. It was founded on the principle that in order to have a stable country, you need to deal not just with the direct security needs—the military needs—of a country and not just with its economic and environmental agenda, but you also need to deal with its human rights and its good governance, and all three of these are related. 

Commitments were made by all the signatories to the OSCE about respecting the jurisdictions of the member states and dealing with the rights of your neighbors and dealing with the rights of your own citizens. The Soviet Union was a member of the OSCE, and now all of the countries of the former Soviet Union are members, including Russia and the countries of central Asia. 

I am increasingly alarmed at the deterioration of the situation in Eastern Ukraine, particularly in the Donetsk region, where Moscow-controlled pro-Russian separatists have seized 19 buildings and 14 cities and towns. 

Late last week seven members of the German-led OSCE Vienna Document inspection team, charged with observing unusual military activities, along with five of their Ukrainian escorts, were kidnapped by pro-Russian militants. One observer has been freed, and the rest continue to be held hostage. Russia, an OSCE member, has not lifted a finger to secure their release. There is no doubt in my mind that if Mr. Putin gave the word, this hostage situation would cease to exist. 

This hostage-taking of unarmed international monitors must continue to be condemned in the strongest possible terms, and everything possible must be done to secure their release. In addition to the OSCE observers, 40 people—journalists, activists, police officers, and politicians—are reportedly being held captive in makeshift jails in Slovyansk. 

Meanwhile, the violence in Eastern Ukraine continues. On Monday, several thousand peaceful protesters marching in favor of Ukraine’s unity were attacked by pro-Russian thugs wielding clubs and whips, resulting in 15 seriously injured. That same day, Gennady Kernes, the mayor of Ukraine’s second largest city, Kharkiv, was shot, underwent emergency surgery, and remains in serious condition. He is now in Israel for further medical treatment. 

Furthermore, I am deeply dismayed at other flagrant violations of human rights by pro-Russian militants in Eastern Ukraine and in Russia’s annexed Crimea. These include attacks and threats against minority groups, particularly Jews and Roma as well as Crimean Tatars and ethnic Ukrainians in Crimea. Supporters of a united Ukraine have been targeted as well, including a local politician and university student whose tortured bodies were found dumped in a river near Slovyansk. 

The joint statement on Ukraine signed in Geneva on April 17 by the EU, the United States, Russia, and Ukraine calls on all sides to lay down their arms, vacate buildings, and begin the process of dialogue and de-escalation. That was signed just 2 weeks ago. That agreement provided a basis for de-escalation. Yet, over the course of the last days and weeks, we have not seen the Russians follow through on urging separatists to stand down in Eastern Ukraine. What have we seen? Kyiv, on the one hand, is taking concrete steps and making good-faith efforts to live up to the Geneva agreement, including vacating buildings and offering dialogue. Russia has done nothing. Instead of working to de-escalate the conflict, it is doing the opposite—fueling escalation. Russia continues to violate the sovereignty and territorial integrity of Ukraine and flagrantly flaunts its commitments under the Geneva agreement. 

The Geneva agreement also calls upon the parties to refrain from any violence, intimidation, or provocative actions and condemns and rejects all expressions of extremism, racism, religious intolerance, including anti-Semitism. Clearly, both the spirit and the letter of this agreement have been breached by Russia. 

In recent days we have seen troubling manifestations against ethnic and religious minority communities. The distribution of flyers in Donetsk calling for Jews to register their religion and property is a chilling reminder of an especially dark period in European history. While the perpetrators of this onerous action have not been determined, one thing is clear: Moscow, which controls the pro-Russian separatists in Eastern Ukraine, is using anti-Semitism as an ingredient in its anti-Ukrainian campaign. Perhaps even worse, among the Russian special forces and agitators operating in Ukraine are members of the neo-Nazi and other anti-Semitic groups. 

Jewish communities in parts of Eastern Ukraine are not the only ones that have reason to be worried. In Slovyansk, armed separatists have invaded Romani homes and beaten and robbed men, women, and children. Ukrainian speakers—including Ukrainian-speaking journalists—have reportedly experienced intimidation in the largely Russian-speaking Donetsk area. 

At the same time in Crimea, which Russia forcibly annexed, Crimean Tatars continue to be threatened with deportation and attacked for speaking their own language in their ancestral homeland. Moreover, the longtime leader of the Crimean Tatar community and former Soviet political prisoner Mustafa Dzhemilev has been banned from returning to Crimea. 

It is important to underscore that Crimea is the ancestral home of the Crimean Tatars, who in 1944 were forcibly and brutally evicted by Stalin to central Asia and only allowed to return to their home in the early 1990s.

Additionally, the separatist Crimean authorities have gone after the Ukrainian community, announcing that Ukrainian literature and history will no longer be offered in Crimean schools. 

These attacks and threats underscore the importance of the OSCE Special Monitoring Mission and other OSCE institutions in Ukraine in assessing the situation on the ground and helping to de-escalate tensions. They need to be permitted to operate unhindered—and most certainly not held hostage—in Eastern Ukraine and to be allowed access into Crimea, which Russia continues to block.

The actions against pro-Ukrainian activists and minorities are the direct result of Russia’s unfounded and illegal aggression against Ukraine—first in Crimea and then in Eastern Ukraine. There is no doubt as to who pulls the strings. The Kremlin has been relentlessly flaunting their Geneva promises and has done nothing to rein in the militants they control. Mr. Putin needs to get Russian soldiers and other as-sorted military and intelligence operatives out of Ukraine. 

We must not forget Crimea. We must never recognize Russia’s forcible, illegal annexation of the Ukrainian territory, which violates every single one of the 10 core OSCE Helsinki principles. We must build on the punitive measures already undertaken against the Russian and Ukrainian individuals who so blatantly violated the international agreements in the Ukrainian and Cri-mean Constitutions. Violations of another nation’s territorial integrity and sovereignty must not be tolerated. Russia’s flagrant land grab of Crimea has set a horrible precedent for those countries harboring illegal territorial ambitions around the globe.

I welcome the President’s stepping up of economic sanctions on seven Russian officials, including members of President Putin’s inner circle and 17 companies linked to Mr. Putin. I also welcome the State Department and Commerce Department tightening pol-icy to deny export license applications for any high-technology items that could contribute to Russia’s military capabilities. I am confident Russia will feel the impact of these sanctions. These, along with the further targeted sanctions announced by the EU earlier this week, will only continue to have a growing impact. 

Nevertheless, if the situation in eastern Ukraine continues to deteriorate, or even should the status quo persist, the United States needs to ratchet up these sanctions, and soon, including several sectoral sanctions against Russia’s industries such as banking, mining, energy, and defense. 

Of equal importance, we need to remain steadfast in helping Ukraine become a stronger democratic state and foster its political and economic stability. The millions of men, women, and children who demonstrated for months for human rights and human dignity spoke loudly and clearly, expressing the wishes of the vast majority of the Ukrainian citizens. The interim government has been working hard under exceedingly difficult circumstances to move Ukraine further on the path of economic and political reforms. We and our international partners need to keep making this progress our focal point. Ukraine needs a lot of help after the devastation wreaked on their economy by the in-credibly corrupt and dysfunctional Yanukovych regime. 

Ukraine has so many pressing needs. Among the most important are stabilizing the economy and preparing for the most important May 25 Presidential elections. Others include judicial reform, reform of the police and military, seeking justice and rehabilitation for the victims of the violence, including those suffering now at the hands of the pro-Russian militants, helping internally displaced people who are fleeing Crimea, and working to recover the billions in assets stolen by the previous regime. 

I am pleased Ukraine’s civil society, including Western-educated young people, is firmly committed to the rule of law and democracy and is playing a critical role in helping the Ukrainian Government work toward these ends. NGOs and think tanks have worked with the Parliament to pass a law on the independence of public broadcasting, a bill on public procurement, and one on how judges are appointed— all critical in fighting the scourge of corruption. 

The United States is providing concrete assistance through a U.S. crisis support package for Ukraine, which includes support for the integrity of the May elections and constitutional reform, substantial economic assistance, energy security technical expertise, help to recover proceeds of corruptions stolen by the former regime, and other anticorruption assistance, and fostering greater people-to-people contacts. We need to be willing to provide more resources to the Ukrainians as they actively work to fulfill their aspirations. 

Ultimately, these choices will lead to a more secure, democratic, and peaceful world, and that is something that reflects both American interests and American values.

Relevant countries: 
Leadership: 
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    OSCE PA Autumn Meeting Session 1: Political and Military Dimension Debate on the Crisis in Ukraine  This Parliamentary Assembly spoke clearly on this matter in the Declaration adopted at the annual session in Baku.  Starting with vicious propaganda and intimidation of journalists, Moscow created this conflict by stoking irrational fears and then reinforcing violence in Ukraine with men and materiel from the Russian Federation. Russia has flagrantly violated international norms and commitments, including all ten core principles of the Helsinki Final Act. This is an attempt to deny a neighboring country and fellow OSCE member of the ability to make its own decisions regarding its own future. Russia has worked actively to suppress Ukraine’s aspirations towards freedom, democracy, and human dignity.  The United States underscores the critical role of the OSCE throughout this tragic conflict which began with the attempted illegal annexation of Crimea. As the largest regional organization in the world, the OSCE has a prominent role in trying to end this war. We have been encouraged by all of the efforts of the OSCE in Ukraine to monitor and work to reduce tensions and foster peace, security, and stability. The OSCE can become a stabilizing presence as to what is, in-fact, happening.  We are increasingly concerned by continued reports of Russian and separatist violations of the ceasefire. We have seen little progress by the Russian Federation or the Russia-backed separatists since these agreements were adopted last month. Russia-backed separatist forces continue to attack Ukrainian positions, including several positions within the agreed exclusion zone area!  Our frank criticism is not, as some might assert, an effort to create a new Cold War environment, but an effort to prevent one. That has been, and will always be, the purpose of our candid debates in the OSCE. Let us fulfill our mission as the OSCE!  We again call on the Russian Federation to implement its part of the agreements fully by immediately withdrawing all Russian military forces and equipment from inside Ukraine and returning control of the international border to Kyiv. That is the bottom line! Russia must respect Ukraine’s sovereignty and territorial integrity by ending both its unlawful activities in eastern Ukraine and its occupation of Crimea.  Why do we have an OSCE if nations will not respect one another’s sovereignty and dignity? The time is now. This is the test! May God grant us wisdom in this decision.

  • Helsinki Commission on Opening of Europe’s Largest Human Rights Meeting

    WASHINGTON—U.S. Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) and Representative Chris Smith (NJ-04), Co-Chairman of the Commission, released the following statement ahead of the Organization for Security and Cooperation in Europe (OSCE) annual high-level meeting on human rights. From September 22-October 3, civil society and government representatives of OSCE participating States will gather in Warsaw, Poland, for the annual Human Dimension Implementation Meeting to discuss compliance with the full range of OSCE human dimension commitments, with special focus on migrant rights, minority issues, and combating violence against women and children. “The Human Dimension Implementation Meeting takes place while Russian aggression in Ukraine continues to threaten basic OSCE principles. I expect this will be a major focus of the meeting, as well as Russian actions at home that are cynically rolling back the ability of civil society to comment on or contribute to how that country functions," said Chairman Cardin. "I am pleased that Professor Brian Atwood will head the U.S. Delegation at this critical time. The promises OSCE states made to one another almost 25 years ago, that respect for human rights within any country is a matter of concern for all states, has guided us and must continue to do so. I also welcome the leadership of the U.S. Ambassador to the OSCE, Daniel Baer, who will be taking a high-level study group to the Auschwitz-Birkenau death camp." Co-Chairman Smith said, “The Russian government’s gross human rights violations in Ukraine must be a central topic of discussion at the Human Dimension meeting. HDIM is an indispensable tool for holding states accountable to OSCE commitments and most effective when both government and civil society representatives have equal opportunity to debate each state’s human rights record.  One issue that states and civil society must discuss this year in Warsaw, and at the OSCE “Berlin Plus 10” anti-Semitism conference in November, is the alarming rise of anti-Semitic incidents in the OSCE region.  The OSCE must also continue to combat trafficking in human beings, including through fulfilling commitments taken last year to train transportation workers to identify possible victims and to improve law enforcement information sharing internationally on potential sex tourists. Commitments are made to be kept.”

  • Portman and Cardin Urge the Administration to Provide Needed Military Assistance to Ukraine

    WASHINGTON–Today, U.S. Senators Rob Portman (R-Ohio) and Ben Cardin (D-Md.) urged the Administration to approve badly needed defensive military assistance to the Armed Forces of Ukraine. The senators expressed concern over the Ukrainian military’s challenges defending its sovereignty against insurgents armed and trained by Russia and urged the Administration to provide the military capabilities to defeat the separatists, deter Russian aggression, and restore stability to the nation. “The United States must stand with Ukraine as they fight for the right to chart their own future,” Portman stated. “While economic and political support is vital, the goals this aid is designed to achieve will be impossible if the Ukrainian military cannot restore law and order and deter future aggression. We must provide Ukrainians with the military capabilities they need to protect their country and fulfill the promise of the Maidan.” "Ukraine’s people have shown remarkable courage and perseverance in the face of tremendous internal challenges and serious and ongoing external threats," said Cardin.  "We will continue to stand by the people of Ukraine as they work to overcome these challenges and forge a free, independent and democratic future.”  Portman and Cardin traveled to Ukraine earlier this year to show support for the Ukrainian people and to serve as election monitors for their presidential elections.  Full text of the letter can be found below. President Barack Obama The White House 1600 Pennsylvania Avenue Washington DC, 20500 Dear President Obama, We are writing to request that your administration approve badly needed defensive military assistance to the Armed Forces of Ukraine. The Ukrainian military is struggling to defend its sovereignty against insurgents armed and trained by Russia and needs to possess the military capabilities to defeat the separatists, deter Russian aggression, and restore stability to the nation. The tragic disaster of the attack on Malaysian Airlines flight MH-17, with strong evidence that it   was downed by Russian-led separatist militants in Ukraine, further illustrates the danger posed to the region and the international community by the continued conflict in Eastern Ukraine.  Until stability is restored, the democratically elected government of Ukraine will be unable to continue on the path of reform and modernization that the United States has encouraged it to follow. The United States has been instrumental in delivering vital economic and political assistance. Through the Support for the Sovereignty, Integrity, Democracy, and Economic Stability of Ukraine Act of 2014 and administrative actions, the United States has provided Ukraine with a $1 billion loan guarantee and over $50 million in additional political and economic assistance. The United States also helped Ukraine secure a $17 billion loan from the International Monetary Fund and an 11 billion Euro aid package from the European Union. We appreciate your work in helping to provide this assistance. However, the crucial political and economic reform goals this previously approved aid is designed to help meet will not be possible if the government of Ukraine is unable to defeat the separatists, deter foreign aggression, and maintain law and order over all areas of the country. The bipartisan Support for the Sovereignty, Integrity, Democracy, and Economic Stability of Ukraine Act of 2014 authorized $100 million to enhance security cooperation and assistance efforts with Ukraine and other countries in Central and Eastern Europe. We are concerned, however, that the level of military support the United States has provided to date is insufficient to providing the Ukrainian military with the capabilities it needs to secure its borders and deter future aggression. The Ukrainian military needs more sophisticated equipment to succeed in its mission and preserve the great strides Ukraine has made since the Maidan uprising. We believe that a variety of non-lethal systems such as advanced communications equipment, night-vision goggles, navigation equipment, and body armor as well as defensive military weapons would provide Ukrainian forces with the capabilities they need to restore order and discourage further foreign interference. We understand that both the Departments of State and Defense continue to coordinate with, assess needed capabilities of, and field requests from the Ukrainian security forces.  We would like to better understand what steps have been taken to provide assistance to the Ukrainian military and immediate plans to expand that support.  Specifically, what military capabilities has the government of Ukraine requested? Of these capabilities, what has your administration authorized to be provided to Ukraine, and what specific capabilities have been delivered to date?  Additionally, what is your overall strategy to carry out the requirements set forth in Sec. 7(c) of the Support for the Sovereignty, Integrity, Democracy, and Economic Stability of Ukraine Act of 2014? The people of Ukraine have chosen a more democratic, transparent, and inclusive future for their country and the United States has pledged to support them in their hour of need. Honoring this commitment means providing the assistance necessary to help Ukraine develop the full range of economic, political, and military tools it needs to fulfill this hopeful vision. We urge you to support more robust assistance to Ukraine.

  • U.S. Helsinki Commission Calls for Investigation, Accountability for Terrorist Act in Ukraine Separatist Region

    WASHINGTON—In response to the downing of Malaysian Airlines MH17 in territory controlled by separatists in Ukraine, members of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) today called for unfettered access to the crash site for international investigators in order to establish responsibility for the killings in order to hold those parties accountable. “The downing of Malaysian Air flight 17 is an unspeakable tragedy. It did not have to happen and those responsible must be held accountable,” said Senator Ben Cardin (MD), Chairman of the U.S. Helsinki Commission. “As we mourn for those lost and share our heartfelt prayers with the victims' families, I encourage international efforts to establish what happened and who was responsible.  In particular, I welcome the efforts and courage of the OSCE’s Special Monitoring Mission team which has made its way to the crash site. I am extremely disappointed to learn that they were forced to depart after a mere 75 minutes due to aggression by the Moscow-sponsored separatists.  "This heinous crime is a direct consequence of Russia’s unjustified aggression in Ukraine which began with the annexation of Crimea nearly five months ago and has continued in two regions in eastern Ukraine, in violation of OSCE and other international norms. It is a direct result of Putin’s destabilization of Ukraine. The top three leaders of the so-called Donetsk People’s Republic are all Russian citizens and two of them are Russian intelligence operatives," continued Chairman Cardin. “Russia has continued to sponsor these terrorists with heavy weapons, equipment and men continuing to flow across the Russian border into Ukraine. If Russian involvement is confirmed, serious consideration needs to be given to designating the Donetsk People’s Republic a Foreign Terrorist Organization and the Russian Federation a State Sponsor of Terrorism.” Co-Chairman of the Commission, Representative Chris Smith (NJ-04), stated that “Our hearts go out to the family and friends of the 298 innocent victims, including 80 children, who perished, likely at the hands of Russian operatives. I urge the President to vigorously work for full access for identification and removal of victims’ remains, and international investigation. The entire area should be treated as a crime scene – as the plane appears to have been shot down by a surface-to-air missile launched from a separatist-controlled area. This follows a pattern of actions where the rebels have shot down Ukrainian military planes and helicopters, most recently a Ukrainian military cargo plane earlier this week, for which they took credit.” “I am profoundly saddened and outraged at the senseless loss of innocent civilians on Malaysian Airlines Flight 17,” said Commissioner Representative Michael Burgess (TX-26). “I am extremely disturbed by the lack of access for international observers and first responders and by reports of looting and of people contaminating the crash site.  Not only must we be able to conduct a proper investigation, but the remains of the victims must be treated properly and with the utmost respect. I am also troubled by reports that there may be other efforts by the separatists and Russian authorities to cover up what really happened.”

  • Commission to Hold Hearing with OSCE Human Rights Appointees

    WASHINGTON—Today the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) announced the following hearing: Anti-Semitism, Racism and Discrimination in the OSCE Region Tuesday, July 22, 2014 10:00 a.m. Dirksen Senate Office Building Room 562 Following an escalation of anti-Semitic hate crimes a decade ago, the Organization for Security and Cooperation in Europe (OSCE) intensified efforts to combat prejudice and discrimination throughout Eurasia and North America. Since 2004, three Personal Representatives have been appointed annually by the OSCE Chair-in-Office (currently Switzerland) to address anti-Semitism; racism, xenophobia, and discrimination including against Christians and members of other religions; and intolerance and discrimination against Muslims. In an official joint visit to the United States, the Personal Representatives will address progress and ongoing challenges in the OSCE region a decade after the creation of their positions. The following witnesses are scheduled to testify: Rabbi Andrew Baker, Personal Representative on Combating Anti-Semitism Professor Talip Küçukcan, Personal Representative on Combating Intolerance and Discrimination against Muslims Alexey Avtonomov, Personal Representative on Combating Racism, Xenophobia and Discrimination, also focusing on Intolerance and Discrimination against Christians and Members of Other Religions

  • Chairman Cardin Floor Statement on 2014 OSCE PA Annual Session

    On July 9, 2014, Senator Ben Cardin, Chairman of the U.S. Helsinki Commission, and Senator Roger Wicker, Ranking Member of the Commission, held a colloquy on the Senate floor with Senator Tom Harkin to discuss the outcome of the U.S. delegation’s participation at the Organization for Security and Cooperation in Europe’s Parliamentary Assembly (OSCE PA) annual session from June 28-July 2 that successfully advanced priority security and human rights initiatives. Key among the U.S. initiatives was a resolution introduced by Chairman Ben Cardin condemning Russia’s violation of international commitments by annexing Crimea and directly supporting separatist conflict in Ukraine. To watch the colloquy, click here.

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