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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    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: “Human Rights Violations in Russian-Occupied Crimea” Friday, December 11 2:00 PM Rayburn House Office Building Room B-318 Russia’s illegal annexation of Ukraine’s sovereign territory of Crimea in March 2014 – which flagrantly violated numerous international agreements, including core OSCE principles enshrined in the Helsinki Final Act – resulted in a deplorable human rights situation that continues today.   Changes in government and the legal framework in Crimea following Russia’s annexation have had a toxic impact on human rights and fundamental freedoms. Violations of civil, political, social, economic, and cultural rights are widespread, especially against those who openly oppose the Russian occupation, including Crimean Tatars and other ethnic, political, and religious groups. The Helsinki Commission briefing will present key findings of the recent report, “Human Rights on Occupied Territory: Case of Crimea,” prepared by an international team of lawyers led by Ivanna Bilych.  Panelists from Ukraine will provide valuable insights about the situation on the ground. The following panelists are scheduled to participate: Ivanna Bilych, Co-founder and President of VOLYA Institute, board member of the Ukrainian American Bar Association Andriy Klymenko, Chief Editor of Black Sea News; prominent economist, originally from Crimea Bohdan Yaremenko, Chairman of the board of the Ukrainian non-governmental organization, Maidan of Foreign Affairs, former Ukrainian diplomat Yuriy Yatsenko, Activist of the Maidan Revolution of Dignity who was illegally imprisoned in Russia on political grounds and recently released after a year of imprisonment

  • Helsinki Commission Chair Chris Smith Shines Light on Egregious Rule-of-Law Abuses by Russian Government

    WASHINGTON—At a Congressional hearing today, the U.S. Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, spotlighted the many recent violations of the rule of law committed by the Russian government. “Forty years after the signing of the Helsinki Final Act, we face a set of challenges with Russia, a founding member of the organization, that mirror the concerns that gave rise to the Helsinki Final Act,” said Helsinki Commission Chairman Rep. Chris Smith (NJ-04), who called the hearing. “At stake is the hard-won trust between members, now eroded to the point that armed conflict rages in the OSCE region. The question is open whether the principles continue to bind the Russian government with other states in a common understanding of what the rule of law entails.” “Russia’s annexation of Crimea and subsequent intervention in the Donbas region not only clearly violate this commitment, but also every guiding principle of the 1975 Helsinki Final Act.  It appears these are not isolated instances.  In recent years, Russia appears to have violated, undermined, disregarded, or even disavowed fundamental and binding arms control commitments,” Smith continued. “[I also] question Russia’s OSCE commitment to develop free, competitive markets that respect international dispute arbitration mechanisms...[and recent government actions] demonstrate Russia’s readiness to abuse its laws and judicial system to limit individual freedoms both within and beyond its borders.” Witness testimony highlighted case studies corresponding to each of the three dimensions of comprehensive security established by the Organization for Security and Cooperation in Europe (OSCE): politico-military security; economic and environmental security; and human rights and fundamental freedoms. Tim Osborne, executive director of GML Ltd., the majority owner of the now-liquidated Yukos Oil Company, said, “It is clear that the Russian Federation is not honoring its obligations and commitments under the rule of law or in a manner consistent with the Helsinki process.  Russia’s tendency, more often than not, has been to ignore, delay, obstruct or retaliate when faced with its international law responsibilities…Russia cannot be trusted in international matters and that even when it has signed up to international obligations, it will ignore them if that is what it thinks serves it best.” “Russia had engaged in the uncompensated expropriation of billions of dollars of U.S. investments in Yukos Oil Company,” observed former U.S. Under Secretary of State for Economic, Business and Agricultural Affairs Ambassador Alan Larson. “American investors—who owned about 12 percent of Yukos at the time of the expropriation—have claims worth over $14 billion, and they are entitled to compensation under international law even though they have no option for bringing claims directly against the Russian Federation.” Vladimir Kara-Murza, a well-known Russian activist and the coordinator of the Open Russia Movement, said, “Today, the Kremlin fully controls the national airwaves, which it has turned into transmitters for its propaganda…the last Russian election recognized by the OSCE as conforming to basic democratic standards was held more than 15 years ago.” “There are currently 50 political prisoners in the Russian Federation,” Kara-Murza continued. “These prisoners include opposition activists jailed under the infamous ‘Bolotnaya case’ for protesting against Mr. Putin’s inauguration in May 2012; the brother of anti-corruption campaigner Alexei Navalny; and Alexei Pichugin, the remaining hostage of the Yukos case.” “A clear pattern emerges when one looks at Russia’s implementation of its arms control obligations overall,” observed Stephen Rademaker, former Assistant Secretary of State for Arms Control and International Security and Nonproliferation. “Should Moscow conclude such agreements have ceased to serve its interest, it will ignore them, effectively terminate them, violate them while continuing to pay them lip service, or selectively implement them…Russia believes that this is how great powers are entitled to act, and today Moscow insists on acting and being respected as a great power.” Chairman Smith was joined at the hearing by a panel of lawmakers including Commission Co-Chairman Senator Roger Wicker (MS) and Representative Robert Aderholt (AL-04).

  • Russian Rule-of-Law Abuses to Be Examined at Upcoming Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: “Russian Violations of the Rule of Law: How Should the U.S. Respond? 3 Case Studies” Wednesday, October 21 2:00 PM Rayburn House Office Building Room 2255 Live Webcast: http://bit.ly/1VRaf3G The actions of the Russian government have raised questions about Russia’s failure to respect its commitment to the rule of law in the areas of military security, commerce, and laws bearing on human rights – each corresponding to one of the three dimensions of security established by the Organization for Security and Cooperation in Europe (OSCE).   Using the Helsinki Final Act as a basis for discussion, the hearing will focus on security violations of the Budapest Memorandum; the Conventional Armed Forces in Europe (CFE), Open Skies, Intermediate Range Nuclear Forces (INF) treaties, and the Vienna Document.  Regarding international legal and commercial agreements such as the Energy Charter Treaty, the New York Convention and bilateral investment treaties the hearing will review developments in the Yukos Oil case.  On human rights, it will inquire into cases of abduction/unjust imprisonment, torture, and abuse, including those of Nadiya Savchenko, Oleg Sentsov, and Eston Kover.   The following witnesses are scheduled to testify: Vladimir Kara-Murza, Coordinator, Open Russia Movement Alan Larson, Senior International Policy Advisor with Covington & Burlington LLP, former Under Secretary of State for Economics and Career Ambassador, U.S. State Department      Tim Osborne, Executive Director of GML Ltd. - the majority owner of the now liquidated Yukos Oil Company Stephen Rademaker, Principal with the Podesta Group, Former Assistant Secretary of State for the U.S. State Department Bureau of Arms Control and the Bureau of International Security and Nonproliferation

  • Bipartisan Congressional Delegation Represents US at OSCE Parliamentary Assembly; Also Visits Ukraine, Czech Republic

    Forty years after the signing of the Helsinki Final Act established the precursor to today’s Organization for Security and Cooperation in Europe (OSCE), five members of the Helsinki Commission and four other members of Congress traveled to the OSCE Parliamentary Assembly Annual Session in Helsinki to demonstrate the U.S. commitment to confronting Russian aggression in Ukraine and elsewhere. Led by Commission Co-Chairman Senator Roger F. Wicker (MS), the bicameral, bipartisan delegation organized by the Helsinki Commission included Commission Chairman Representative Chris Smith (NJ- 04); House Commissioners Robert B. Aderholt (AL-04), Steve Cohen (TN-09) and Alan Grayson (FL-09); and Representatives Gwen Moore (WI-04), Michael Fitzpatrick (PA-08), Richard Hudson (NC-08) and Ruben Gallego (AZ-07). Before attending the Annual Session from July 5 to 7, several members of the delegation also visited Ukraine and the Czech Republic. A central concern to the delegation throughout the trip was Russia’s restrictions on democracy at home and aggression in Ukraine, along with Russia’s threat to European security.

  • 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 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.

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