Statement on H. Res. 447

Statement on H. Res. 447

Hon.
Christopher H. Smith
United States
House of Representatives
113th Congress Congress
Second Session Session
Monday, February 10, 2014

I’d like to thank my good friend Rep. Engel for introducing this bipartisan resolution supporting the democratic aspirations of the Ukrainian people. 

It is a timely appeal to the government of Ukraine to stand down – to avoid all further violence, to exercise the utmost restraint and avoid confrontation. It calls on the government to bring to justice those responsible for violence against peaceful protesters, and to release and drop any criminal charges against those detained for peacefully exercising their democratic rights.

At this point, the government’s crackdown has led to the deaths of at least 4 protestors, and throughout Ukraine to numerous beatings, arrests, detentions, abductions – including some from hospitals – the harassment of activists, journalists, medics, lawyers and pro-democracy NGOs. On the Kyiv Maidan alone, more than 1,800 individuals, mostly protestors but also some riot police, have been injured. 36 persons are confirmed missing. 49 people remain in detention with 26 under house arrest. At least 30 medics, working to aid the injured on the Maidan, have been attacked. 136 journalists have been attacked on the Maidan, including investigative journalist Tatyana Chornovol brutally beaten on Christmas Day and who investigators now rather incredibly claim was a victim of road rage. One of the most outrageous examples has been the case of activist Dmitry Bulatov who was abducted for 8 days before being left in a forest outside of Kyiv, during which time he was tortured by his captors who tried to force him to say he was an American spy. 

The heroism of the Ukrainian people, persistently demonstrating, struggling, risking themselves for justice and dignity, is deeply inspiring. The witness of so many clergy on the Maidan is a powerful reminder of the spiritual values at stake. Just last Thursday, I met in my office with Patriarch Filaret of the Ukrainian Orthodox Church and Patriarch Sviatoslav of the Ukrainian Greek-Catholic Church. They are deeply concerned for the faithful, and for the whole Ukrainian nation, and alarmed about the potential for even worse violence, perhaps even civil conflict. Patriarch Filaret said recently, “I appeal to both the power and opposition to stop violence and come to the table of negotiations. All of you are responsible before the God for your earthly doings.” 

And at the Vatican, Pope Francis called for an end to the violence and said: "I am close to Ukraine in prayer, in particular to those who have lost their lives in recent days and to their families. I hope that a constructive dialogue between the institutions and civil society can take place, that any resort to violence is avoided and that the spirit of peace and a search for the common good is in the hearts of all.”

Cardinal Timothy Dolan of New York expressed strong support for anti-government protestors in Ukraine. Writing on his blog he summarized the conflict as “government thugs relishing the chance to bludgeon and harass the hundreds of thousands of patriotic Ukrainians,” and described the Ukrainian Greek Catholic Church as “a Church that had been starved, jackbooted, imprisoned, tortured, persecuted and martyred by Hitler, Stalin, and company.”

That said, Mr. Speaker, there is a paradox here. I know there are many outstanding people working in and for the Ukrainian government – people who love their country and have its best interests at heart. Last year I met many times with Ukrainian ministers, high-level officials and the ambassador, including meetings in Kyiv. This was because in 2013 Ukrainian Foreign Minister Kozhara chaired the Organization for Security and Cooperation in Europe and made the fight against trafficking a top priority for the whole organization. In June it held a high level conference in Kyiv to investigate best practices and ways that the 57 OSCE countries can better coordinate anti-trafficking efforts—including through training transportation and hospitality industry employees in victim identification. The Kyiv call to action was serious and successful—I know, I was there. And what came out of the Ukrainian government’s efforts was a new OSCE Action Plan to fight human trafficking. 

I want to point out that this resolution does not take any position on whether Ukraine should sign an Association Agreement with the European Union. That is a decision for Ukrainians to make. At committee markup, we decided to make that point clear, and the message should be clear: this is not about politics, but human rights. Congress is supporting the Ukrainian people in their defense of universal human values, and not inserting itself in the question of how Ukraine shapes its policy toward the EU and Russia.

Mr. Speaker, the Ukrainian people have endured horrific suffering over the course of the last century – and this is what gives their peaceful resistance on the Maidan such power. Two world wars were fought on their soil, in the 1930s Stalin inflicted a genocidal famine on them, which resulted in the deaths of millions of men, women and children, to say nothing of 70 years as a captive nation in the Soviet Union. In the 1980s many of us in this chamber and on the Helsinki Commission spoke out on behalf of Ukrainian human rights activists imprisoned in the Gulag, called for the legalization of the then-banned and repressed Ukrainian Greek-Catholic church, and held hearings on the Chornobyl disaster. 

With Ukraine’s long-awaited independence,  in 1991came new-found freedoms. But since 2010, with the election of Viktor Yanukovych, human rights, rule of law and democracy have been under attack – symbolized by the continued unjust imprisonment of former Prime Minister and opposition leader Yulia Tymoshenko, whose daughter, Yevhenia, testified at a Helsinki Commission hearing I chaired in May of 2012 and on whose behalf I introduced a resolution in the previous Congress. 

It is the Ukrainian people’s dissatisfaction with Yanukovych’s roll-back of democracy that drives the protest movement. The long-suffering Ukrainian people deserve a government that treats them with dignity and respect. I’m confident they will prevail in their struggle for this. I strongly support this resolution. 

Relevant countries: 
Leadership: 
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I had the privilege of co-chairing a historic meeting on anti -Semitism with a counterpart, a member of the German Bundestag, Professor Gert Weisskirchen, who is a member of the Parliament there, also a professor of applied sciences at the University of Heidelberg, and we heard from four very serious, very credible and very profound voices in this battle to wage against anti-Semitism.   We heard from Abraham Foxman, the National Director of the Anti -Defamation League, who gave a very impassioned but also very empirical speech, that is to say he backed it up with statistics, with information about this rising tide of anti-Semitism, not just in Europe, but in the United States and Canada as well.   He pointed out, for example, according to their data, 17 percent of Americans are showing real anti -Semitic beliefs, and the ugliness of it. Sadly, among Latinos and African Americans, it is about 35 percent. He pointed out in Europe, in the aggregate, the anti -Semitism was about 30 percent of the population.   Dr. Shimon Samuels also spoke, who is the Director of the Wiesenthal Center in Paris. He too gave a very impassioned and very documented talk. He made the point that the slippery slope from hate speech to hate crime is clear. Seventy-two hours after the close of the Durban hate-fest, its virulence struck at the strategic and financial centers of the United States. He pointed out, “If Durban was Mein Kampf, than 9/11 was Kristalnacht, a warning.”   “What starts with the Jews is a measure, an alarm signaling impending danger for global stability. The new anti -Semitic alliance is bound up with anti -Americanism under the cover of so-called anti –globalization.”   He also testified and said, ``The Holocaust for 30 years acted as a protective Teflon against blatant anti -Semitic expression. That Teflon has eroded, and what was considered distasteful and politically incorrect is becoming simply an opinion. But cocktail chatter at fine English dinners,'' he said, ``can end as Molotov cocktails against synagogues.   ``Political correctness is also eroding for others, as tolerance for multi-culturism gives way to populous voices in France, Italy, Austria, Denmark, Portugal, and in the Netherlands. These countries' Jewish communities can be caught between the rock of radical Islamic violence and the hard place of a revitalized Holocaust-denying extreme right.   “Common cause”, he concluded, “must be sought between the victimized minorities against extremism and fascism.”   I would point out to my colleagues one of those who spoke pointed out, it was Professor Julius Schoeps, that he has found that people do not say “I am anti -Semitic;” they just say ”I do not like Jews”, a distinction without a difference, and, unfortunately, it is rearing itself in one ugly attack after another.   I would point out in that Berlin very recently, two New Jersey yeshiva students, after they left synagogue, they left prayer, there was an anti -American, anti -Israeli demonstration going on, and they were asked repeatedly, are you Jews? Are you Jews? And then the fists started coming their way and they were beaten right there in Berlin.   Let me finally say, Mr. Speaker, that yesterday we also passed a supplementary item at our OSCE Parliamentary Assembly. I was proud to be the principal sponsor. The gentleman from Maryland (Mr. Cardin) offered a couple of strengthening amendments during the course of that debate, and we presented a united force, a U.S. force against anti-Semitism.   I would just point out this resolution now hopefully will act in concert with other expressions to wake up Europe. We cannot sit idly by. If we do not say anything, if we do not speak out, we allow the forces of hate to gain a further foothold. Again, that passed yesterday as well.   Mr. Speaker, I urge Members to become much more aware that this ugliness is rearing its ugly face, not just in the United States, but Canada, in Europe, and we have to put to an end to it. Hate speech and hate crimes go hand in hand.   Mr. Speaker, I urge support of the resolution.   United States Helsinki Commission--Anti -Semitism in the OSCE Region   The Delegations of Germany and the United States will hold a side event to highlight the alarming escalation of anti -Semitic violence occurring throughout the OSCE region.   All Heads of Delegations have been invited to attend, as well as media and NGOs.   The United States delegation has introduced a supplementary item condemning anti -Semitic violence. The Resolution urges Parliamentary Assembly participants to speak out against anti-Semitism.

  • Hearing Addresses Dramatic Increase in Anti-Semitic Attacks Across Europe

    By H. Knox Thames, CSCE Counsel The United States Helsinki Commission held a hearing May 22, 2002 on the continuing wave of anti-Semitic attacks that has swept across Europe this year. Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) chaired the hearing. Commissioners Rep. Benjamin Cardin (D-MD), Senator George V. Voinovich (R-OH), and Senator Hillary Rodham Clinton (D-NY) also participated. Testifying before the Commission were Shimon Samuels, Director of the Simon Wiesenthal Center in Paris; Mark B. Levin, Executive Director of NCSJ: Advocates on behalf of Jews in Russia, Ukraine, the Baltic States & Eurasia; Alexandra Arriaga, Director of Government Relations for Amnesty International USA; Rabbi Andrew Baker, Director of International Jewish Affairs for the American Jewish Committee; and Kenneth Jacobson, Director of International Affairs Division for the Anti-Defamation League. Co-Chairman Smith opened the hearing with an urgent appeal to combat increasingly frequent acts of anti-Semitism – including synagogue fire bombings, mob assaults, desecration of cultural property and armed attacks. He detailed the Organization for Security and Cooperation in Europe’s strong position on anti-Semitism, but voiced dismay that some participating States have not taken appropriate measures to combat acts of violence and incitement. “Anti-Semitism is not necessarily based on the hatred of the Judaic faith, but on the Jewish people themselves,” Smith said. “Consequently, the resurfacing of these . . . acts of violence is something that cannot be ignored by our European friends or the United States.” In a submitted statement, Chairman Ben Nighthorse Campbell stated, “The anti-Semitic violence spreading throughout the OSCE region gives cause for deep concern for its scope and viciousness.” Senator Campbell insisted “no longer can these acts of intolerance and violence be viewed as separate occurrences.... [Such] manifestations of anti-Semitism must not be tolerated, period, regardless of the source.” Senator Voinovich expressed consternation over the increasing number of attacks in Europe. He stated he was “saddened and deeply disturbed by reports of anti-Semitism that have taken place recently in some of the world’s strongest democracies: France, Germany, Belgium.” Senator Voinovich added, “Many of Europe’s synagogues have become targets of arson and Molotov cocktails.” Senator Clinton added, anti-Semitism “is something for which all of us have to not only be vigilant but prepared to take action.” She urged President Bush to raise the issue during his planned trip to Europe, and expressed hope that the OSCE commitments undertaken by European governments, in reference to anti-Semitism, would be “followed up by action.” Rep. Cardin, in his opening statement, hoped the hearing would “remind OSCE participating States that they have pledged to unequivocally condemn anti-Semitism and take effective measures to both prosecute those committing such hate crimes and to protect individuals from anti-Semitic violence.” Rep. Cardin also expressed his disappointment that European governments had not taken a more aggressive stand. Dr. Samuels presented chilling testimony on the extent of anti-Semitic attacks in Europe and the failure of European governments and the international community to respond effectively. “Every Jewish building in Paris requires protection,” Samuels testified, reading from a January 16, 2002 Le Monde article. “Any child leaving school may be beaten because he is Jewish, only because he is a Jew.” Among the hundreds of attacks in France just this year, Samuels cited several compelling stories: An eight-year-old girl was wounded by a bullet when a Jewish school bus came under fire in suburban Paris. A rabbi’s car was defaced by graffiti that read “Death to the Jews.” Rather than documenting these incidents as anti-Semitic violence, the French Government identified them as a broken windshield and an act of vandalism, respectively. In effect, there exists what Dr. Samuels called a “black box of denial.” The perpetrators often go unpunished. Mr. Levin addressed anti-Semitism in the former Soviet states, urging appropriate criticism of countries’ shortcomings and recognition of their successes when it comes to combating anti-Semitism. Enforcing existing laws, using the bully pulpit, outreach to the general public, furthering understanding through education, and encouraging a role for religious leaders are all important steps, Levin testified. He concluded, “It is our hope and it is our expectation that when President Bush meets with President Putin in Moscow. . . he will carry this message.” Ms. Arriaga testified that Amnesty International strongly condemns the recent spate of anti-Semitic attacks. “These acts are violations of the most fundamental human rights committed on the basis of an individual’s religion or identity,” she said. Ms. Arriaga made two recommendations. One, President Bush should raise issues of law enforcement accountability and other steps toward combating racist and anti-Semitic attitudes with Russian President Vladimir Putin at the late-May U.S.-Russia summit. Two, Congress should consider lifting the Jackson-Vanik amendment as a means of leveraging discussions. Rabbi Baker made a compelling statement that further highlighted the severity of anti-Semitism. Like Samuels, Baker outlined three sources of hatred that have converged to create the situation in which Europe now finds itself. They include radicalized Muslims, incited by the scathing coverage of Israel in the Arabic press; the surge in popularity of Europe’s far right wing; and a growing hatred of Israel on Europe’s left wing. “The image of an Israeli who is frequently portrayed as an aggressive violator of human rights is quickly conflated with the Jew,” Baker testified. Taking this one step further, Baker continued, cartoonists have depicted Israeli leaders with gross physical exaggerations just as the Nazis depicted the Jewish “villain.” Baker observed the need for U.S. political leaders to approach European leaders “in measured and sober tones.” Concluding his testimony, Baker acknowledged that the U.S. has been European Jewry’s strongest ally in the fight against anti-Semitism. Mr. Jacobson’s testimony framed the issue of anti-Semitism as a national security matter for the United States. Anti-American and anti-Jewish sentiments often go hand-in-hand, he said. Typically, this sort of hatred spreads from one region in the Middle East to another in Europe, in large part, because of anti-Jewish invective spewed by Al Jazeera television, anti-Israel media coverage in France, and trans-ideological Internet propaganda. Appealing for action, Jacobson recommended that Congress and the OSCE work to place this issue on the international diplomatic agenda. He also suggested the international community convene a conference on anti-Semitism. Finally, anti-bias education can help combat anti-Semitism, Jacobson said. Commissioners pledged to raise the issue of anti-Semitism at the upcoming OSCE Berlin Parliamentary Assembly meeting in early July. Among the initiatives discussed was the introduction of a free-standing resolution on anti-Semitic violence in the OSCE region for consideration in Berlin. An un-official transcript of the hearing and written statements submitted by Members and witnesses can be found on the Helsinki Commission’s Internet web site. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives, and one official each from the Departments of State, Defense, and Commerce. Helsinki Commission intern Derek N. Politzer contributed to this article.

  • Commission Hearing Examines Cooperation in the War on Terrorism in the OSCE Region

    United States and European officials testified before a May 8, 2002 hearing of the Commission on Security and Cooperation in Europe on the degree of cooperation among OSCE participating States in the war against terrorism. Helsinki Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) chaired the hearing with participation by Ranking Member Rep. Steny H. Hoyer (D-MD), Commissioners Rep. Benjamin L. Cardin (D-MD), Rep. Joseph R. Pitts (R-PA), Rep. Alcee L. Hastings (D-FL), Rep. Frank R. Wolf (R-VA), and Rep. Robert B. Aderholt (R-AL). Portuguese Foreign Minister Antonio Martins da Cruz testified in his capacity as OSCE Chairman-in-Office, while Spain’s Ambassador to the United States, Javier Ruperez, spoke on behalf of the European Union. The State Department’s Principal Deputy Coordinator for Counter-Terrorism, Mark Wong, and the Treasury Department’s Under Secretary for Enforcement, Jimmy Gurulé, represented the Administration. OSCE to Focus on Policing, Border Control, Trafficking and Money Laundering While the OSCE participating States have undertaken anti-terrorism commitments dating as far back as the 1975 Helsinki Final Act, the September 11 terrorist attacks against the United States have given new urgency to cooperation in combating the threats posed by terrorism. Last December, the 55 participating States adopted a Decision on Combating Terrorism at the Bucharest OSCE Ministerial Meeting and subsequently agreed to a Plan of Action at an OSCE and UN-sponsored international conference on strengthening efforts to counter terrorism held in Bishkek, Kyrgyzstan. At the hearing, Foreign Minister Martins da Cruz outlined related measures taken under Portugal’s chairmanship, including the appointment of former Danish Defense Minister Jan Troejborg to serve as the Chairman’s personal representative in coordinating OSCE activities relating to terrorism. Martins da Cruz highlighted policing, border control, trafficking and money laundering as four strategic areas for OSCE focus and noted the establishment of an anti-terrorism unit within the OSCE Secretariat to develop concrete projects in these areas. The Minister described a meeting of secretaries general and other high representatives of international and regional organizations to be held in Lisbon, on June 12, with the aim of enhancing collaboration and coordination on anti-terrorism initiatives. Finally, the Foreign Minister suggested that new measures to fight terrorism, and the financing of it, could be elaborated in an OSCE charter on terrorism. Skeptics have questioned the need for such a charter given the extensive body of existing OSCE anti-terrorism commitments and action plans. Several Helsinki Commissioners emphasized the responsibility first and foremost of the participating States themselves to implement such commitments whether through unilateral or bilateral action as well as multilateral initiatives undertaken by the OSCE. Co-Chairman Smith noted that “terrorists survive and thrive thanks to organized criminal activity, official corruption, inadequate law enforcement and state repression. The OSCE has developed an ability unique among international organizations to highlight these problems and encourage solutions, through multilateral cooperation and the implementation of commitments made by each participating State.” Commission Chairman Senator Ben Nighthorse Campbell (R-CO) echoed this theme in prepared remarks, “The OSCE participating States can make a meaningful contribution to the antiterrorism campaign by focusing on the OSCE principles of democracy, human rights and the rule of law while promoting practical cooperation in combating corruption and international crime – issues closely linked to terrorism.” “It would be a mistake if the OSCE were to be a mere talk shop on terrorism,” commented Ranking Commissioner Steny H. Hoyer (D-MD). “The organization needs to engage: coordinating activities, reporting from the field, encouraging action to be taken as necessary by the participating States.” Commissioner Pitts, noting how many OSCE countries disregard their commitments, particularly in human rights, asked if there was really much value to negotiating an OSCE charter on terrorism instead of encouraging States to implement existing commitments. The Foreign Minister defended the proposal, arguing that a charter would serve as a useful guideline, especially for countries making the transition to a democracy. Contribution of the European Union Ambassador Javier Ruperez assured the Commission that the European Union “stands firmly with the people of this country, of the United States of America, and with its government in its common struggle against terrorism.” Ruperez then highlighted steps taken by the EU, leading up to the May 2nd Washington summit between President George W. Bush and EU President José María Aznar, with the fight against terrorism as its top priority. The EU Member States have agreed to a common definition of terrorism, adopted a Europe-wide arrest warrant (which the EU would like to extend bilaterally with the United States), and developed law enforcement and judicial cooperation through EUROPOL and EUROJUST. At the U.S.-EU summit, parties negotiated mandates for treaties on extradition and mutual legal assistance. Ruperez stressed the importance of ongoing efforts aimed at developing a consolidated list of individuals and organizations considered to be terrorist by both the EU and the United States. He expressed Spain’s pride in presiding over the EU while these developments were accomplished, especially given Spain’s own struggle against terrorism. Co-Chairman Smith stressed the need to cooperate not only in preventing terrorist acts, but in dealing with them once they occur. Noting the attack on the World Trade Center and the subsequent spread of anthrax in the mail in his own congressional district, Smith expressed shock at how unprepared the authorities were to deal with such catastrophic events. “It’s a matter of when and not if,” Smith said. “I hate to say it, but I think there are enough people who are so radical, so extreme and so full of hate with access to potential weapons of mass destruction that we’ve got to prepare for the worst and pray it never happens.” Views from State and Treasury Mark Wong of the State Department’s Office for Counter-Terrorism stressed President Bush’s definition of the campaign against terrorism as multi-dimensional, entailing not just bilateral but multilateral cooperation in a variety of areas. “All partners in this battle have something to contribute and we all need that contribution,” Mr. Wong said. “No nation, even one as powerful as the United States, can succeed in this long-term battle going it alone.” Mr. Wong praised the EU for its support of the United States, especially in regard to the military response and the efforts to cut terrorist financing. He also called the OSCE one of the “most energetic and cooperative organizations” not only in rallying its participating States to respond to terrorism but also in promoting human rights and democracy building, which, along with the rule of law are “fundamental elements of our broad-based counter-terrorism strategy.” Mr. Wong also said that OSCE police training activities, focused on the Balkans, are very useful in the long-range fight against terrorism. The Coordinator also noted OSCE comprehensive membership as an asset, and pointed to U.S.-Russian cooperation in the OSCE response to terrorism. In his testimony, Secretary Gurulé detailed accomplishments to date in cutting the finances of terrorists. “Treasury has named 210 individuals and entities as financiers of terrorism,” Gurulé said, “and has blocked over $34.3 million in assets. Our coalition partners have blocked an additional $81.3 million. One hundred ninety-six nations have expressed support to disrupt terrorist financing, and 161 nations have blocking orders in place. It would do little good if the Treasury Department issued blocking orders on the bank accounts of terrorist financiers but the terrorists were, nonetheless, able to move their money globally through foreign bank accounts. It was imperative to work closely with our international partners to develop an international coalition to go after terrorist funds.” Secretary Gurulé saw potential for the OSCE as a clearinghouse for linking particular needs of participating States regarding a range of issues from anti-terrorist financing initiatives to expertise of terrorist networks. He noted that there is the will to cooperate but sometimes not the technical ability, legislation or law enforcement mechanisms to conduct complex money laundering and terrorist financing investigations. Country Critiques Particular concerns regarding countries or geographic areas within the OSCE region were raised either during the hearing or in subsequent questions submitted to the State and Treasury Departments which, along with official responses, will become part of the hearing record. Belarus was highlighted for allegedly selling weapons to rogue state sponsors of terrorism. Recent reports that Ukraine and the Czech Republic had also sold or allowed the delivery of weapons to countries like Iraq were raised as well. Commission Members expressed fear that the United States was working with governments in countering terrorism threats that also used such threats as a pretext to deny basic human rights, silence opposition or thwart religious freedoms. Concerns were also voiced with respect to developments in Uzbekistan, Kazakhstan and Georgia. Inquiries were made regarding the extent to which the Russian Federation is cooperating on the financial front and in isolating terrorist-supporting states around the globe. Finally, southeastern Europe was noted for being vulnerable to organized crime and corruption, especially in smuggling and trafficking, which could be used to help finance terrorist organizations. With the OSCE Parliamentary Assembly’s Berlin Annual Session slated to focus on terrorism, several Commissioners asked the Administration witnesses for suggestions on issues relating to the war on terrorism which could be pursued during the course of the meeting in early July. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Commission Hearing Examines Cooperation in the War on Terrorism in the OSCE Region

      United States and European officials testified before a May 8, 2002 hearing of the Commission on Security and Cooperation in Europe on the degree of cooperation among OSCE participating States in the war against terrorism. Helsinki Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) chaired the hearing with participation by Ranking Member Rep. Steny H. Hoyer (D-MD), Commissioners Rep. Benjamin L. Cardin (D-MD), Rep. Joseph R. Pitts (R-PA),Rep. Alcee L. Hastings (D-FL), Rep. Frank R. Wolf (R-VA), and Rep. Robert B. Aderholt (R-AL). Portuguese Foreign Minister Antonio Martins da Cruz testified in his capacity as OSCE Chairman-in-Office, while Spain’s Ambassador to the United States, Javier Ruperez, spoke on behalf of the European Union. The State Department’s Principal Deputy Coordinator for Counter-Terrorism, Mark Wong, and the Treasury Department’s Under Secretary for Enforcement, Jimmy Gurulé, represented the Administration. OSCE to Focus on Policing, Border Control, Trafficking and Money Laundering While the OSCE participating States have undertaken anti-terrorism commitments dating as far back as the 1975 Helsinki Final Act, the September 11 terrorist attacks against the United States have given new urgency to cooperation in combating the threats posed by terrorism. Last December, the 55 participating States adopted a Decision on Combating Terrorism at the Bucharest OSCE Ministerial Meeting and subsequently agreed to a Plan of Action at an OSCE and UN-sponsored international conference on strengthening efforts to counter terrorism held in Bishkek, Kyrgyzstan. At the hearing, Foreign Minister Martins da Cruz outlined related measures taken under Portugal’s chairmanship, including the appointment of former Danish Defense Minister Jan Troejborg to serve as the Chairman’s personal representative in coordinating OSCE activities relating to terrorism. Martins da Cruz highlighted policing, border control, trafficking and money laundering as four strategic areas for OSCE focus and noted the establishment of an anti-terrorism unit within the OSCE Secretariat to develop concrete projects in these areas. The Minister described a meeting of secretaries general and other high representatives of international and regional organizations to be held in Lisbon, on June 12, with the aim of enhancing collaboration and coordination on anti-terrorism initiatives. Finally, the Foreign Minister suggested that new measures to fight terrorism, and the financing of it, could be elaborated in an OSCE charter on terrorism. Skeptics have questioned the need for such a charter given the extensive body of existing OSCE anti-terrorism commitments and action plans. Several Helsinki Commissioners emphasized the responsibility first and foremost of the participating States themselves to implement such commitments whether through unilateral or bilateral action as well as multilateral initiatives undertaken by the OSCE. Co-Chairman Smith noted that “terrorists survive and thrive thanks to organized criminal activity, official corruption, inadequate law enforcement and state repression. The OSCE has developed an ability unique among international organizations to highlight these problems and encourage solutions, through multilateral cooperation and the implementation of commitments made by each participating State.” Commission Chairman Senator Ben Nighthorse Campbell (R-CO) echoed this theme in prepared remarks, “The OSCE participating States can make a meaningful contribution to the antiterrorism campaign by focusing on the OSCE principles of democracy, human rights and the rule of law while promoting practical cooperation in combating corruption and international crime – issues closely linked to terrorism.” “It would be a mistake if the OSCE were to be a mere talk shop on terrorism, ” commented Ranking Commissioner Steny H. Hoyer (D-MD). “The organization needs to engage: coordinating activities, reporting from the field, encouraging action to be taken as necessary by the participating States.” Commissioner Pitts, noting how many OSCE countries disregard their commitments, particularly in human rights, asked if there was really much value to negotiating an OSCE charter on terrorism instead of encouraging States to implement existing commitments. The Foreign Minister defended the proposal, arguing that a charter would serve as a useful guideline, especially for countries making the transition to a democracy. Contribution of the European Union Ambassador Javier Ruperez assured the Commission that the European Union “stands firmly with the people of this country, of the United States of America, and with its government in its common struggle against terrorism.” Ruperez then highlighted steps taken by the EU, leading up to the May 2nd Washington summit between President George W. Bush and EU President José María Aznar, with the fight against terrorism as its top priority. The EU Member States have agreed to a common definition of terrorism, adopted a Europe-wide arrest warrant (which the EU would like to extend bilaterally with the United States), and developed law enforcement and judicial cooperation through EUROPOL and EUROJUST. At the U.S.-EU summit, parties negotiated mandates for treaties on extradition and mutual legal assistance. Ruperez stressed the importance of ongoing efforts aimed at developing a consolidated list of individuals and organizations considered to be terrorist by both the EU and the United States. He expressed Spain’s pride in presiding over the EU while these developments were accomplished, especially given Spain’s own struggle against terrorism. Co-Chairman Smith stressed the need to cooperate not only in preventing terrorist acts, but in dealing with them once they occur. Noting the attack on the World Trade Center and the subsequent spread of anthrax in the mail in his own congressional district, Smith expressed shock at how unprepared the authorities were to deal with such catastrophic events. “It’s a matter of when and not if,” Smith said. “I hate to say it, but I think there are enough people who are so radical, so extreme and so full of hate with access to potential weapons of mass destruction that we’ve got to prepare for the worst and pray it never happens.”Views from State and Treasury Mark Wong of the State Department’s Office for Counter-Terrorism stressed President Bush’s definition of the campaign against terrorism as multi-dimensional, entailing not just bilateral but multilateral cooperation in a variety of areas. “All partners in this battle have something to contribute and we all need that contribution,” Mr. Wong said. “No nation, even one as powerful as the United States, can succeed in this long-term battle going it alone.” Mr. Wong praised the EU for its support of the United States, especially in regard to the military response and the efforts to cut terrorist financing. He also called the OSCE one of the “most energetic and cooperative organizations” not only in rallying its participating States to respond to terrorism but also in promoting human rights and democracy building, which, along with the rule of law are “fundamental elements of our broad-based counter-terrorism strategy.” Mr. Wong also said that OSCE police training activities, focused on the Balkans, are very useful in the long-range fight against terrorism. The Coordinator also noted OSCE comprehensive membership as an asset, and pointed to U.S.-Russian cooperation in the OSCE response to terrorism. In his testimony, Secretary Gurulé detailed accomplishments to date in cutting the finances of terrorists. “Treasury has named 210 individuals and entities as financiers of terrorism,” Gurulé said, “and has blocked over $34.3 million in assets. Our coalition partners have blocked an additional $81.3 million. One hundred ninety-six nations have expressed support to disrupt terrorist financing, and 161 nations have blocking orders in place. It would do little good if the Treasury Department issued blocking orders on the bank accounts of terrorist financiers but the terrorists were, nonetheless, able to move their money globally through foreign bank accounts. It was imperative to work closely with our international partners to develop an international coalition to go after terrorist funds.” Secretary Gurulé saw potential for the OSCE as a clearinghouse for linking particular needs of participating States regarding a range of issues from anti-terrorist financing initiatives to expertise of terrorist networks. He noted that there is the will to cooperate but sometimes not the technical ability, legislation or law enforcement mechanisms to conduct complex money laundering and terrorist financing investigations. Country Critiques Particular concerns regarding countries or geographic areas within the OSCE region were raised either during the hearing or in subsequent questions submitted to the State and Treasury Departments which, along with official responses, will become part of the hearing record. Belarus was highlighted for allegedly selling weapons to rogue state sponsors of terrorism. Recent reports that Ukraine and the Czech Republic had also sold or allowed the delivery of weapons to countries like Iraq were raised as well. Commission Members expressed fear that the United States was working with governments in countering terrorism threats that also used such threats as a pretext to deny basic human rights, silence opposition or thwart religious freedoms. Concerns were also voiced with respect to developments in Uzbekistan, Kazakhstan and Georgia. Inquiries were made regarding the extent to which the Russian Federation is cooperating on the financial front and in isolating terrorist-supporting states around the globe. Finally, southeastern Europe was noted for being vulnerable to organized crime and corruption, especially in smuggling and trafficking, which could be used to help finance terrorist organizations. With the OSCE Parliamentary Assembly’s Berlin Annual Session slated to focus on terrorism, several Commissioners asked the Administration witnesses for suggestions on issues relating to the war on terrorism which could be pursued during the course of the meeting in early July. An un-official transcript of the hearing is accessible through the Helsinki Commission’s Internet web site at http://www.csce.gov. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Escalating anti-Semitic Violence in Europe

    While the anti-Semitism scourge lurks in the United States, the sharp escalation of violence against Jews in the OSCE region deserves attention. The most brutal incidents in recent months have occurred in France, Belgium and Germany. Violence has also been directed toward the Jewish community in the United Kingdom, Greece and Ukraine. OSCE participating States have pledged to unequivocally condemn anti-Semitism and take effective measures to protect individuals from anti-Semitic violence. Despite that commitment, attacks against Jews continue. Two Yeshiva students from New Jersey were assaulted in Germany. A mob attacked Jewish worshipers in a Ukraine synagogue. A gang attacked Jewish high school soccer players in France. Vandals vandalized several synagogues in Russia. A Marseille synagogue burned to the ground and synagogues elsewhere in the OSCE region have suffered firebomb attacks. Coupled with a resurgence of aggressive nationalism and an increase in neo-Nazi “skin head” activity, participating States throughout the OSCE region face the urgent challenge of stemming the tide of escalating anti-Semitic violence.

  • Murder of Ukrainian Heorhiy Gongadze Still Unsolved

    Mr. Speaker, the murder of Ukrainian investigative journalist Heorhiy Gongadze remains unsolved. On September 16, 2000, Gongadze, editor of an Internet news publication critical of official, high-level corruption in Ukraine, disappeared. Seven week later, his remains were found in Tarashcha in the Kyiv region.   Repeated expressions of concern to the Government of Ukraine have been met with stonewalling. Over the last 18 months, the Helsinki Commission, Members of the House and Senate, the Department of State, the OSCE, the Council of Europe and other international institutions repeatedly have raised this case and urged President Kuchma and the Ukrainian Government to undertake a speedy, serious, open and transparent investigation into the Gongadze murder case.   Back in December of 2000, I urged Ukrainian authorities to resolve this grave matter in a timely and just manner before the case further tarnished their credibility in dealing with fundamental human rights. Last July, a number of us were present at the Paris OSCE Parliamentary Assembly meeting, where Gongadze’s widow Myroslava accepted the OSCE PA Prize for Journalism and Democracy on his behalf. A resolution adopted by the OSCE PA in Paris expressed dismay “that the criminal investigation into the murder of journalist Heorhiy Gongadze has been obstructed by authorities and has not been carried out in accordance with the rule of law.”   Last month, Ukrainian authorities blocked FBI experts from examining evidence gathered during the initial investigation. The Bureau had been invited by Ukrainian authorities to advise and assist in the investigation of the case and earlier had participated in identifying Gongadze's remains. Over the last year, Ukrainian prosecutors routinely cited their request for assistance from the FBI as evidence that they were working diligently to solve the murder.   According to a statement released by the U.S. Embassy in Kyiv, the four FBI experts were told that Ukrainian law prohibits prosecutors from releasing any information to them. They were "unable to discuss any aspects of the case, share evidence or conduct a joint site inspection. Because of this, the FBI team could not provide suggestions that might help Ukrainian law enforcement authorities advance the investigation of the murder of Mr. Gongadze.” This lack of cooperation – after promises to accept the U.S. technical assistance -- is an indication of bad faith on the part of the Ukrainian authorities.   This is only the latest example which seriously questions the Ukrainian authorities’ commitment to resolving this case and has led many to conclude that the Procurator General’s office is hampering the investigation into Gongadze’s death. Particularly telling was the Procuracy’s initially casting doubt on the results of a DNA test reported in February 2001, which determined with a 99.6 percent probability that the body exhumed from a shallow grave in Tarashcha was, indeed, that of Gongadze. The Procurator General, Mykhaylo Potebenko, who recently announced he would resign to become a Member of Parliament from the Communist Party, has also been uncooperative with Gongadze’s widow and mother, even after the court gave them status that legally permitted them access to details of the investigation. An assessment of the case last year by Freimut Duve, the OSCE Representative on Freedom of Media, found that the investigation into Gongadze’s disappearance has been “extremely unprofessional.” It is high time for the Ukrainian authorities to mount a serious, transparent investigation into this case as well as the cases of other murdered journalists.   Since 1998, 11 journalists have been killed in Ukraine and 48 severely injured in unexplained attacks, according to Reporters Without Borders. Over the last year, several international bodies have called on Ukrainian authorities to launch a fresh investigation into the disappearance and death of Mr. Gongadze and other journalists and to allow for an independent investigation or to set up a new independent commission of inquiry comprising of international investigators. I also hope that the newly elected Ukrainian parliament will take aggressive action in encouraging governmental accountability for solving the murder and bringing the perpetrators to justice.   Mr. Speaker, on March 31, Ukraine held parliamentary elections. Despite governmental interference in the campaign and abuse of state resources, the Ukrainian electorate showed a strong independent streak with a strong pro-democratic, pro-European orientation. A substantial portion of the Ukrainian people clearly wants change – they want to live in a country where democracy and human rights are honored and where the rule of law prevails.   The United States remains committed to encouraging these yearnings. The U.S. Government is the largest bilateral donor in Ukraine, and American companies still are the largest investors in Ukraine. We are deeply engaged with Ukraine in military and security issues, educational exchanges, small business, agriculture, energy, and the development of civil society. American engagement with Ukraine is a testament to the importance that we attach to U.S.-Ukraine relations. However, the level of U.S. engagement is increasingly being questioned, in part because of the obstructionist actions of the authorities concerning the Gongadze case, the curtailing of media freedoms, the persistent debilitating problem of corruption and, most recently, troubling allegations that President Kuchma may have authorized the clandestine sale of the Kolchuga radar system to Iraq in violation of UN sanctions.   Mr. Speaker, as Co-Chairman of the Helsinki Commission, I once again urge in the strongest possible terms Ukrainian authorities to take seriously the concerns regarding the circumstances that led to the Gongadze murder and the subsequent investigation. His widow, young children, and mother deserve better. The Ukrainian people deserve better.

  • Commission Staff Observes Ukrainian Elections

    By Orest Deychakiwsky, CSCE Staff Advisor United States Helsinki Commission staff observed the March 31, 2002 parliamentary elections in Ukraine as part of the Organization for Security and Cooperation in Europe’s Parliamentary Assembly contingent of the OSCE-led International Election Observation Mission (IEOM). Half of the deputies to the 450-member parliament were elected from party lists and the other half from single-mandate districts. Six parties passed the 4 percent threshold necessary to be seated in the party list vote, with reformist former Prime Minister Viktor Yushchenko’s Our Ukraine bloc winning the most votes. In the single-mandate district voting, the pro-presidential For United Ukraine bloc obtained the largest number of seats. Both the OSCE and the U.S. State Department concluded that the March 31 elections indicated progress over the 1998 elections, but “important flaws persist.” In its April 1 press conference in Kyiv, the IEOM declined to prepare a final analysis before post-election procedures are concluded, and promised to return to Ukraine within a month to follow up, after watching how election authorities and the judiciary perform while tabulating and publishing results and adjudicating disputes. Positive elements cited included a new Election Law that took into account OSCE/ODIHR recommendations from previous elections; improvements in the mechanism to address election disputes, with clearer complaint and appeals procedures; multi-party commissions; the engagement of civil society in the electoral process; and greater access by candidates and parties to the media through TV debates, free air time and paid advertising. On the negative side, media coverage was biased and state-funded television gave disproportionate coverage to pro-presidential candidates. Other problem areas included abuses of state resources in the election campaign, interference by local authorities, and a campaign sullied by the murders of two candidates, and other isolated instances of violence, including one just a few days before the elections. Compared to previous elections, the level of pressure by government officials and workers to campaign in support of the main pro-presidential party, including direct pressure on individuals to vote for specific candidates, had significantly increased. The abuse of state resources created an uneven playing field and the main beneficiary of such violations was the pro-presidential bloc For a United Ukraine. Despite these advantages, pro-presidential parties did not do all that well in the party-list vote, and several did not even surpass the four percent threshold required for inclusion in the Verkhovna Rada (parliament). Furthermore, the two opposition parties garnered more votes than expected, securing for themselves seats in the new parliament. According to the IEOM, there were also shortcomings in the implementation of the legal framework, including uneven enforcement of provisions on violations of electoral rights, the lack of deadlines, and clear definitions regarding candidate de-registration and campaigning. According to the OSCE experts, these weaknesses derived from the inability of the Rada and the President to agree on amendments to the Administrative Code, so, in effect some of the positive provisions of the Election Law could not be enforced. Another problem was the lack of reliable voter lists – outdated information, including voters who had moved to other districts, left the country, or are deceased – and the widespread practice of issuing absentee ballots to voters unrelated to their place of residence. Voter lists may be amended up until election day; however, voters cannot be included in the registers of their place of residence on election day without a judicial decision. Voters were added to registers and allowed to vote – without the required court order– in about one third of polling stations visited by international observers. Voting day During the polling on voting day, the most serious problems were violations of the secrecy of the vote and voters added to registers in apparent contravention of the law. OSCE staff observed the elections in Lviv oblast in western Ukraine. Most polling stations visited by Commission staff were run efficiently, in a calm atmosphere, and commission members seemed hard-working and dedicated. Furthermore, there were numerous party, candidate and domestic observers. In a minority of polling stations staff witnessed incompetence, chaos, overcrowding, inadequate facilities – usually premises that were much too small and had an inadequate number of voting booths. Overcrowding was responsible for the violation most frequently observed – voting outside of booths – but there appeared to be no element of intimidation here. Instead, voters simply did not feel like waiting in long lines. According to the non-partisan domestic observer group Committee of Voters of Ukraine (CVU), 15 % of voters were unable to vote due to overcrowding or poor facilities. Also, CVU estimated that one third of precincts were not able to conduct the elections in an organized manner. Despite the uneven playing field and violations with respect to the vote tabulations in a number of single-mandate constituencies, generally, the elections reflected the will of the voters. The actual results did not differ significantly from the results of several exit polls. Results and What Next The results indicate a country divided into three broad political orientations. Our Ukraine, the center-right, pro-reform, pro-Western coalition headed by Yushchenko, took the most seats in the party-list vote. The Communists garnered 20 percent of the party-list vote, clearly indicating their continued downward trend with each passing election. For the first time since Ukraine became independent in 1991, they will not constitute the largest political grouping in the Rada. In third place in the party-list vote was the pro-presidential For a United Ukraine, which had benefitted the most from the authorities’ abuses of state resources in the campaign. This bloc, however, had a strong showing in the single-mandate district voting, and will almost certainly end up with the largest number of overall deputies, especially as their numbers will be expanded with those who ran as “independents.” No one political grouping will have a viable majority in parliament; hence, will need to make concessions with other groupings to act. The pro-presidential For a United Ukraine may be compelled to team up with Yushchenko’s Our Ukraine to form a government and pass pro-reform legislative initiatives. With this kind of political configuration, shifting alliances may be more likely than any kind of solid coalition. As a result, cautious moves towards economic and political reform rather than sweeping changes are more likely. Nevertheless, judging by the results, the Ukrainian people are increasingly endorsing a pro-European, pro-market, pro-democratic orientation.

  • Ukraine Elections Resolution

    Mr. President, today the Senate, with bipartisan support, moves to consider S. Res. 205, a resolution urging the Government of Ukraine to ensure a democratic, transparent, and fair election process leading up to the March 31 parliamentary elections. I appreciate Chairman Biden and Senator Helms’ support in committee and the leadership for ensuring timely consideration of this important resolution. In adopting S. Res. 205, the United States Senate expresses interest in, and concerns for, a genuinely free and fair parliamentary election process which enables all of the various election blocs and political parties to compete on a level playing field. While expressing support for the efforts of the Ukrainian people to promote democracy, rule of law, and human rights, the resolution urges the Ukrainian government to enforce impartially the new election law and to meet its OSCE commitments on democratic elections. I want to underscore commitments undertaken by the 55 OSCE participating States, including Ukraine, to build consolidate and strengthen democracy as the only form of government for each of our nations. Mr. President, the Commission on Security and Cooperation in Europe, the Helsinki Commission, which I chair 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. A recent Commission briefing on the parliamentary elections brought together experts to assess the conduct of the campaign. High level visits to Ukraine have underscored the importance the United States attaches to these elections in the run up to presidential elections scheduled for 2004. As of today, with less than two weeks left before the elections, it remains an open question as to whether the elections will be a step forward for Ukraine. Despite considerable international attention, there are credible reports of various abuses and violations of the election law, including candidates refused access to media, the unlawful use of public funds and facilities, and government pressure on certain political parties, candidates and media outlets, and a pro-government bias in the public media. Ukraine’s success as an independent, democratic, economically successful state is vital to stability and security and Europe, and Ukraine has, over the last decade, enjoyed a strong relationship with the United States. This positive relationship, however, has been increasingly tested in the last few years because of pervasive levels of corruption in Ukraine and the still-unresolved case of murdered investigative journalist Georgiy Gongadze and other issues which call into question the Ukrainian authorities’ commitment to the rule of law and respect of human rights. Mr. President, Ukraine enjoys goodwill in the United States Senate and remains one of our largest recipients of U.S. assistance in the world. These elections are an important indication of the Ukrainian authorities’ commitment to consolidate democracy and to demonstrate a serious intent regarding integration into the Euro-Atlantic community. Thank you, Mr. President.

  • Resolution Urging Ukraine to Ensure a Democratic, Transparent and Fair Election Process

    Mr. Speaker, today the House moves to the timely consideration of H. Res. 339 which urges the Government of Ukraine to ensure a democratic, transparent, and fair election process leading up to the March 31, 2002 parliamentary elections. I’d like to thank Mr. Armey for his commitment to schedule consideration of this measure this week. I was pleased to be an original cosponsor of the resolution which acknowledges the strong relationship between the United States and Ukraine, urges the Ukrainian Government to enforce impartially its new election law, and urges the Ukrainian Government to meet its OSCE commitments on democratic elections. I strongly encourage my colleagues to support this measure. The Helsinki Commission, which I co-chair, has a longstanding record of support for human rights and democratic development in Ukraine. Commission staff will be going to observe and report on these elections, as they have for virtually every election in Ukraine since 1990. The stakes in the Ukrainian elections are high – both in terms of outcome and as an indication of the Ukrainian Government’s commitment towards democratic development and integration into Europe.   Mr. Speaker, I think it is important to underscore the reason for this congressional interest in Ukraine. The clear and simple reason: an independent, democratic, and economically stable Ukraine is vital to the stability and security of Europe, and we want to encourage Ukraine in realizing its own often-stated goal of integration into Europe. Despite the positive changes that have occurred in Ukraine since independence in1991, including the economic growth over the last two years, Ukraine is still undergoing the difficult challenge of transition. The pace of that transition has been distressing, slowed by insufficient progress in respect for the rule of law, especially by the presence of widespread corruption which continues to exact a considerable toll on the Ukrainian people.   Another source of frustration is the still-unresolved case of murdered investigative journalist Heorhiy Gongadze. The flawed investigations of this case and the case of another murdered Ukrainian journalist, Ihor Aleksandrov call into question Ukraine’s commitment to the rule of law. There have also been a number of disturbing cases of violence or threats of violence. For instance, 78-year-old Iryna Senyk a former political prisoner and poetess who was campaigning for the pro-reform Our Ukraine bloc, was badly beaten by “unknown assailants.” Such unchecked violence has created an uncertain atmosphere. Most of independent Ukraine’s elections have generally met international democratic standards for elections. The 1999 presidential elections, however, were more problematic, and the OSCE Election Mission Report on these elections asserted that they “failed to meet a significant number of the OSCE election related commitments.”   Mr. Speaker, it remains an open question as to whether the March 31 elections will be a step forward for Ukraine. With less than two weeks until election day, there are some discouraging indications – credible reports of various violations of the election law, including campaigning by officials or use of state resources to support certain political blocs or candidates; the denial of public facilities and services to candidates, blocs or parties; governmental pressure on certain parties, candidates and media outlets; and a pro-government bias in the public media, especially the government’s main television network, UT-1. These actions are inconsistent with Ukraine’s freely undertaken OSCE commitments and undermine its reputation with respect to human rights and democracy. A democratic election process is a must in solidifying Ukraine’s democratic credentials and the confidence of its citizens, and in its stated desire to integrate with the West.   During his visit to Ukraine last week, the President of the OSCE Parliamentary Assembly, Adrian Severin, expressed concern over the mistrust in the electoral process among certain candidates as well as general skepticism as to whether the elections would be truly free and fair and encouraged Ukrainian officials to take measures to address these concerns so as to ensure public trust in the outcome of the election. Mr. Speaker, I ask that the summary of the most recent Long Term Observation Report on the Ukrainian elections prepared by the non-partisan Committee of Voters of Ukraine, be submitted for the Record. I urge unanimous support for this resolution.

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