Cardin and Wicker Introduce Global Magnitsky Human Rights Accountability Reauthorization ActWednesday, February 03, 2021
WASHINGTON—U.S. Senator Ben Cardin (D-Md.), incoming Chair of the U.S. Helsinki Commission and author of the Global Magnitsky Human Rights Accountability Act, and Helsinki Commission Co-Chair Senator Roger Wicker (R-Miss.) have introduced the Global Magnitsky Human Rights Accountability Reauthorization Act (S. 93).The bipartisan legislation would extend U.S. sanctions against violators of human rights and corrupt actors so they do not escape the consequences of their actions even when their home country fails to seek justice for their victims. “The Global Magnitsky Human Rights Accountability Act has been a powerful tool in our global effort to protecting human rights and fight corruption. I thank Senator Wicker for working with me to strengthen the law as a message to abusers and kleptocrats who think they can act with impunity,” said Senator Cardin. “This reauthorization will send a clear signal of our national commitment to defending democratic values and the international rules and standards that enable us all to live peaceably together. When human rights abusers and kleptocrats violate these norms, it is incumbent upon us to create concrete consequences.” “When it was introduced, the Global Magnitsky Human Rights Accountability Act was a groundbreaking tool for combating human rights abuses and corruption around the world,” Senator Wicker said. “Since then, the law has helped to hold the worst violators accountable no matter where they are. I look forward to working with Senator Cardin to make this legislation permanent, so that the U.S. can continue to defend human rights abroad.” Actions taken under the Global Magnitsky Human Rights Accountability Act continue to demonstrate the reach, flexibility, and broad scope of the Global Magnitsky authorities. The United States responded to serious human rights abuses and corruption globally, addressing some of the most egregious behavior this tool can attempt to disrupt and deter. These actions targeted, among other things, serious human rights abusers affecting millions of members of Muslim minority groups in northwest China’s Xinjiang province; corrupt actors in South Sudan involved in draining the country of critical resources; and Ugandan officials engaged in an adoption scam that victimized Ugandan-born children. These designations clearly demonstrate the importance of this tool, when appropriate, to target individuals and entities engaging in specified conduct. The Global Magnitsky Human Rights Accountability Reauthorization Act (S. 93) seeks to harmonize the original Act (Title XII, Subtitle F of P.L. 114-328; 22 U.S.C. §2656 note) with Executive Order 13818 by: Removing the victim status requirement to ensure no victim is excluded; Adopting the “serious human rights abuse” and “violation of internationally recognized Human rights” standards to expand the actors and abuses eligible for sanctions; Simplifying the standard for corruption offenses; Supplementing the activity-based targeting standard with a status-based standard; and Allowing for the sanctioning of immediate family members. S. 93 calls for a report on the steps taken through diplomacy and assistance to foreign or security sectors to address persistent underlying causes of serious human rights abuses, violations of internationally recognized human rights, and corruption in each country in which foreign persons have been subject to sanctions. It also repeals the sunset clause in the original legislation.
Hastings Deplores Sentencing of Alexei NavalnyTuesday, February 02, 2021
WASHINGTON—Following the sentencing of Alexei Navalny to two years and eight months in a Russian penal colony, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “Those who uncover the Kremlin’s corruption and demand more accountable government for the Russian people often pay with their freedom—or their lives. After the scheme to kill Alexei Navalny failed, Putin is now trying to silence him with a prison sentence. This mockery of justice is a grave insult to Mr. Navalny and to all Russians who wish to exercise their freedoms without fear of abuse.” On February 2, a Russian judge sentenced Navalny to three and a half years in a prison colony for violating the terms of a suspended sentence related to a 2014 case that the European Court of Human Rights called “arbitrary and unreasonable.” Previous time served under house arrest will reduce his prison time to two years and eight months. On January 29, Helsinki Commission leaders condemned Navalny’s detention in Moscow upon his return from Berlin, where he was recovering from an assassination attempt by the Russian FSB.
Cardin Condemns Sentencing of Russian Opposition Leader Alexei NavalnyTuesday, February 02, 2021
WASHINGTON—U.S. Senator Ben Cardin (D-Md.), a senior member of the Senate Foreign Relations Committee and author of the Global Magnitsky Human Rights Accountability Act, issued the following statement in response to the sentencing of Russian opposition leader Alexei Navalny. “The Russian court case we just witnessed against Alexei Navalny was a farce beyond compare. Mr. Nalvany’s sentence to 2 1/2 more years in prison on charges that he violated the terms of his probation while he was recuperating in Germany from nerve-agent poisoning is appalling. I am deeply disturbed by Putin and his cronies’ continued efforts to repress democracy and independent voices. The international community is watching. There must be consequences for these latest actions. “I encourage the Biden-Harris administration to quickly respond to this latest move by Putin. The list of Russia’s transgressions continues to grow: the apparent use of a chemical weapon against Mr. Navalany, cyberattacks against the U.S. government and U.S. companies, and interfering in U.S. elections. We need to stand up against ongoing, aggressive Russian actions. I urge my colleagues to join me in supporting the bipartisan Global Magnitsky Human Rights Accountability Reauthorization Act (S. 93) and Combatting Global Corruption Act (S. 14) that I have introduced in this Congress. Putin has shown how much he despises Magnitsky laws, which is why we must continue to make them stronger as a strong signal to him and other authoritarian regimes that protecting human rights and fighting corruption are central U.S. national security priorities.”
Helsinki Commission Leaders Condemn Jailing of Navalny, Attacks on Peaceful Protesters across RussiaFriday, January 29, 2021
WASHINGTON—Following Alexei Navalny’s recent arrest, violent attacks on peaceful protesters across Russia, and police raids on the offices and homes of Navalny and his colleagues, Helsinki Commission leaders Rep. Alcee L. Hastings (FL-20), Sen. Roger Wicker (MS), Rep. Joe Wilson (SC-02), and Sen. Ben Cardin (MD) issued the following statements: “Protesters who support Mr. Navalny’s release and seek a more just Russia should not be beaten in the streets and treated like criminals,” said Rep. Hastings. “The true criminals are those who continue to enable Putin and his cronies to steal from the people of Russia.” “What has happened to Alexei Navalny is a travesty. After being poisoned at the Kremlin’s orders, he returned home to Russia only to be jailed for the ‘crime’ of pulling back the curtain on the corruption and violence entrenched in Putin’s system,” said Sen. Wicker. “Those who expose the truth should be rewarded, not condemned.” “If Vladimir Putin did not fear Navalny and his anti-corruption movement, he would not go to such great lengths to silence them,” said Rep. Wilson. “He understands that his power is threatened when the truth is exposed.” “Mr. Navalny must be allowed to return to his family and his work without further harassment by the Kremlin,” said Sen. Cardin. “The Russian people have the right to protest peacefully and advocate for the future of their country without fear of violent retribution from Putin.” In August 2020, Navalny was the victim of a coordinated assassination attempt by the Russian FSB that used a chemical weapon in the Novichok family. After holding him for two days in Russia, Russian authorities allowed Navalny to travel to Berlin, where he spent months recovering, for treatment. Navalny returned to Moscow on January 17 and immediately was arrested. Shortly thereafter, in a makeshift trial in a Moscow police station, Navalny was sentenced to 30 days of pre-trial detention. He will receive his final sentence on February 2. Following Navalny’s detention and his release of an exposé documenting Vladimir Putin’s palace on the Black Sea, thousands of Russians in over 100 cities and towns took to the streets on January 23 to protest. Police responded with widespread violence and over 3,700 people, including more than 50 journalists, were detained. Additional protests are planned for January 31.
Helsinki Commissioners Reintroduce Ukraine Religious Freedom Support ActFriday, January 29, 2021
WASHINGTON—Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02) and Commissioner Rep. Emanuel Cleaver, II (MO-05) yesterday reintroduced the bipartisan Ukraine Religious Freedom Support Act (H.R. 496) in the House of Representatives. The House unanimously passed the original legislation, which targets Russia’s religious freedom violations in Ukraine, on November 18, 2020. “The Kremlin and its proxies continue to imprison and torture people on Ukrainian territory for their faith. Russian government perpetrators must be punished for these crimes,” said Rep. Wilson. “This legislation would ensure that the president of the United States has the authority and mandate to impose costs on Russian officials who are responsible for such assaults on religious freedom.” “The yoke of Putin’s occupation and oppression weighs heavily on Ukrainians. The desire to seek and follow the truth, to explore ultimate meaning, is written on every human heart,” said Rep. Cleaver. “We must stand up to the Russian government’s attempts to suppress the freedom of Ukrainians to follow their religious conscience.” The Ukraine Religious Freedom Support Act would require the president of the United States to consider particularly severe violations of religious freedom in Russia-occupied or otherwise controlled territory in Ukraine when determining whether to designate Russia as a Country of Particular Concern (CPC) for such violations. The bill authorizes the president to hold Russia responsible for violations in Ukrainian territory it illegally occupies or controls, not just for violations inside Russia’s internationally-recognized borders. The International Religious Freedom Act of 1998 requires the president to designate CPCs when their governments engage in or tolerate particularly severe violations of religious freedom, including killings, torture, abduction, and detention. It also requires the president to then take 15 specific actions, or commensurate action, and ban the foreign officials responsible from entering the United States. The Secretary of State has placed Russia on the Special Watch List for countries with severe violations every year since 2018. The legislation also states, “It is the policy of the United States to never recognize the illegal, attempted annexation of Crimea by the Government of the Russia or the separation of any portion of Ukrainian territory through the use of military force.” Russian forces first invaded Crimea in February 2014 and continue to illegally occupy it. Since April 2014, Russia has controlled parts of the Donbas region in eastern Ukraine with non-state armed groups and illegal entities it commands. Under international humanitarian law, including the Geneva Conventions, Russia is responsible for religious freedom violations in Crimea and parts of the Donbas. Participating States of the Organization for Security and Cooperation in Europe, including Russia, have repeatedly committed to respect and protect freedom of religion or belief. The Helsinki Commission has compiled 16 documents outlining religious freedom commitments made by OSCE participating States. Original co-sponsors of the legislation include Helsinki Commissioners Rep. Brian Fitzpatrick (PA-01), Rep. Steve Cohen (TN-09), Rep. Richard Hudson (NC-08), and Rep. Gwen S. Moore (WI-04). Rep. Gus M. Bilirakis (FL-12), Rep. Anna G. Eshoo (CA-18), and Rep. Andy Harris, M.D. (MD-01) are also original cosponsors.
Ambassador Max Kampelman’s Contributions to the Helsinki ProcessMonday, January 25, 2021
By Emma Derr, Max Kampelman Fellow The Helsinki Commission’s flagship fellowship program recognizes former U.S. Ambassador Max Kampelman, who spent his life working toward comprehensive security at home and across the Atlantic. Over his career, which spanned more than half a century, Kampelman defended the principles of the Helsinki Final Act, strengthened the Helsinki process, and fought to reduce—and later eliminate—nuclear arms. One of his strongest legacies was his belief in bipartisanship, demonstrated by his service to both Democrats and Republicans and in his role as a U.S. ambassador. In the words of longtime Helsinki Commissioner Senator Ben Cardin (MD), “It was a privilege for me and so many of my colleagues to work with a great and good man, whose example reminded us every day: this is what leadership looks like.” Max Kampelman: The Ambassador Kampelman began his career as legislative counsel to Senator Hubert Humphrey before joining the private law practice of Fried Frank. Although he practiced private law for the majority of his career, Kampelman continued to serve the United States when called on by presidents of both parties. In 1980, President Jimmy Carter asked Kampelman to represent the United States as the lead negotiator at the 1980 Conference on Security and Cooperation in Europe (CSCE) meeting in Madrid, which sought to bring eastern European countries into compliance with the Helsinki Final Act. The meeting was supposed to last two to three months. It lasted three years. Under President Ronald Reagan, Kampelman continued to lead these negotiations until an agreement was reached in 1983. In 1990, in the aftermath of the fall of the Berlin Wall, OSCE participating States gathered to unite their different definitions of European security. Kampelman led the U.S. delegation to this historic meeting and advocated for democratic elections and universal human rights. “He played a pivotal role in securing agreement on the first international instrument to recognize the specific problem of anti-Semitism and the human rights problems faced by Roma,” said Sen. Cardin. “Moreover, at a moment when Europe stood at a crossroads, Max Kampelman negotiated standards on democracy and the rule of law that remain unmatched.” “The Copenhagen document has been called by a number of professors of international law the most important international human rights document since the Magna Carta, and it spells out what a democracy means. If anybody was to come and join this process, they would be joining what is apparent, a series of 'oughts;' and that’s our task. Once the 'oughts' are there, we have a leg up toward the 'is.'” Amb. Max Kampelman in a 2003 interview The Copenhagen document strengthened the Helsinki Process by including unprecedented provisions, such as the commitment to democracy as the only form of governance. It also emphasized the rights of national minorities and the right to freedom of association, freedom of conscience, and freedom of expression. The CSCE eventually became today’s Organization for Security and Cooperation in Europe (OSCE), the world’s largest regional security organization. Max Kampelman: The Arms Advisor In addition to his work defending the Helsinki Final Act, Kampelman also negotiated arms control agreements and guided the United States through some of the most difficult periods of U.S.-Soviet relations. By the end of his career, Kampelman had engaged in more than 400 hours of face-to-face negotiations with the Soviets. He successfully protected the Strategic Defense Initiative (SDI), a system designed under Reagan to protect against potential nuclear attacks, from Soviet efforts to stifle it. He led negotiation efforts on the Intermediate-Range Nuclear Forces (INF) Treaty and the Strategic Arms Reduction Treaty (START), effectively reducing nuclear arms for the first time in history. During the late phases of the Cold War, Kampelman helped arrange the release of political and religious dissidents from the Soviet Union. “We cannot wish it away. It is here and it is militarily powerful. We share the same globe. We must try to find a formula under which we can live together in dignity. We must engage in that pursuit of peace without illusion but with persistence, regardless of provocation." Amb. Max Kampelman, ahead of 1985 arms negotiations Kampelman dedicated much of his later years to Global Zero, envisioning a world without nuclear weapons and encouraging statesmen Henry Kissinger, Sam Nunn, William Perry, and George Shultz, to advocate for this goal. For his service to his country, Kampelman received the Presidential Citizens Medal from President George H.W. Bush in 1989 and the nation’s highest civilian honor, the Presidential Medal of Freedom, from Bill Clinton in 1999. Max Kampelman’s Early Life Kampelman was born in New York in 1920 to parents who had immigrated from what was then part of Romania. He grew up in the Bronx and received a law degree from NYU in 1945. During World War II, he registered for alternate service as a conscientious objector. Kampelman enrolled in a strict food and work regimen known as the Minnesota Starvation Experiment to help authorities understand how to treat prisoner of war and concentration camp survivors. During this time, he finished his doctorate in political science from the University of Minnesota, titled "The Communist Party and the CIO: A Study in Power Politics." He opposed Communism and opposed war, but his feelings regarding nonviolence changed over time with the development of the atomic and hydrogen bombs, later leading him to renounce his earlier pacifist beliefs. Kampelman said his prevailing desire for American foreign policy was to turn the 21st century into the century of democracy. He died on January 25, 2013, at age 92.
Chairman Hastings on Reports of Russian Withdrawal from Open Skies TreatyFriday, January 15, 2021
WASHINGTON—Following the announcement by the Russian Foreign Ministry that Moscow intends to begin domestic procedures to withdraw from the Treaty on Open Skies, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “The Kremlin’s plan to withdraw from the Open Skies Treaty follows the Trump administration’s strategic mistake in pulling the United States out of the treaty in November. For decades, the Open Skies Treaty has provided crucial security benefits across Europe, and it continues to have the support of our allies and partners across the Atlantic. “I call on Moscow to reverse this counterproductive decision. I also look forward to supporting efforts by the Biden administration to rebuild much-needed transparency and predictability in Europe and Eurasia, including exploring options for reengaging in the Open Skies Treaty and extending the New START treaty.” The Open Skies Treaty was designed to increase transparency, build confidence, and encourage cooperation among the United States, Russia, and 32 other participating states (including much of Europe as well as partners like Ukraine and Georgia), by permitting unarmed observation aircraft to fly over their entire territory to observe military forces and activities. On November 22, 2020, the United States formally withdrew from the Treaty. Chairman Hastings condemned the Trump administration’s decision to withdraw from the Treaty on Open Skies, and amended the 2021 National Defense Authorization Act (H.R.6395) to include the sense of Congress that the Trump administration’s decision to withdraw from the treaty did not comply with a legal requirement to notify Congress; did not assert that any other treaty signatory had breached the treaty; and was made over the objections of NATO allies and regional partners. The measure also expressed support for confidence and security building measures like the Open Skies Treaty, because they reduce the risk of conflict, increase trust among participating countries, and contribute to military transparency and remain vital to the strategic interests of America’s NATO allies and partners. In November 2019, the Helsinki Commission hosted a joint hearing with the House Committee on Foreign Affairs on the importance of the Open Skies Treaty, emphasizing its critical role in security and stability in Europe.
OSCE Ministerial Council Appoints Top Leaders, Adopts Several Key Decisions Amidst Constraints of COVID-19 and Conflict in EuropeMonday, December 21, 2020
By Shannon Simrell, Representative of the Helsinki Commission to the U.S. Mission to the OSCE Foreign ministers of the 57 OSCE participating States convened on December 3 - 4, 2020, for the 27th OSCE Ministerial Council. For the first time, this annual gathering was convened in an entirely virtual format due to the challenges posed by the COVID-19 pandemic. Despite a turbulent year, which included managing not only the effects of the COVID-19 pandemic but also the global anti-racism protests initiated following the killing of George Floyd; ongoing protracted conflicts in Moldova, Georgia, and Ukraine; fraudulent elections and systemic human rights violations in Belarus; and a renewal of active conflict between Azerbaijan and Armenia, consensus was achieved on many, but not all, draft decisions. The United States delegation to the Ministerial Council was led by Deputy Secretary of State Stephen Biegun. The delegation and included Deputy Assistant Secretaries of State George P. Kent, Michael Murphy, and Bruce Turner; Acting Assistant Secretary of State Philip Reeker; U.S. Ambassador to the OSCE James Gilmore; U.S Helsinki Commission Chief of Staff Alex Johnson; and Helsinki Commission staff Robert Hand, Janice Helwig, Rebecca Neff, Erika Schlager, Shannon Simrell, Dr. Mischa Thompson, and Alex Tiersky. A Call to “Turn a Corner” from Crisis to Cooperation Leveraging the meeting’s virtual format, national statements were livestreamed, offering transparency of the proceedings. Albanian Prime Minister and OSCE Chairperson-in-Office Edi Rama opened the meeting by recalling the solidarity of the signatories of the Helsinki Final Act and Charter of Paris and requesting that ministers “turn a corner” and demonstrate the political will required to address the multiple and complex challenges faced by the organization and across the region. In his remarks, Deputy Secretary Biegun reaffirmed U.S. priorities for engagement at the OSCE, underscoring the commitment to European peace and security and highlighting key challenges facing the OSCE region including Russia’s continued aggression in eastern Ukraine, Moldova, and Georgia, and the destabilizing effect of its flagrant violations of the OSCE’s foundational principles. He called upon Belarus to hold accountable those responsible for its human rights violations and electoral crisis, urged Armenia and Azerbaijan to engage with the Minsk Group Co-Chairs to attain a lasting end to the conflict in Nagorno-Karabakh, and warned States against using COVID-19 as a pretext to restrict civil society, independent media, or public access to information. Finally, he expressed concern about the increasing number of political prisoners and the rise in cases of anti-Semitism, anti-Roma racism, and other forms of hatred and hate crimes in the OSCE region since the onset of the pandemic. Consensus Achieved on Organizational Leadership, Preventing Torture, Countering Corruption, and More Despite the challenges inherent in virtual negotiations, consensus was achieved on 11 texts spanning all three OSCE dimensions of comprehensive security and supporting the organization’s internal governance. Ministers agreed on the appointment of the OSCE’s top four leaders: Helga Schmid (Germany) as Secretary General, Maria Teresa Ribiero (Portugal) as Representative on Freedom of the Media, Matteo Mecacci (Italy) as Director of the Office for Democratic Institutions and Human Rights (ODIHR), and Kairat Abdrakhmanov (Kazakhstan) as High Commissioner on National Minorities. The decisions broke a months-long impasse after Azerbaijan, Tajikistan, Turkey, and others blocked the reappointment of the previous executives, leaving the organization leaderless since July. Participating States also reached consensus on several decisions that added to OSCE’s body of commitments. One such decision concerned the prevention and eradication of torture and other cruel, inhuman or degrading treatment or punishment, building on existing OSCE commitments. A version of the text was originally proposed in 2014 by Switzerland during their 2014 Chairpersonship of the OSCE. The initiative reflected the country’s historic leadership in the area of international humanitarian law and profound concerns regarding torture in the context of counterterrorism efforts. The proposal was reintroduced over successive Ministerial Councils before its adoption in 2020. The widespread use of torture and other horrific abuse by Belarusian authorities, documented by the November 2020 report under the OSCE Moscow Mechanism, added urgency to this decision this year. As adopted, the decision includes explicit references to enforced disappearances and to incommunicado detention. Participating States also adopted decisions on preventing and combating corruption; strengthening co-operation to counter transnational organized crime; deepening cooperation with OSCE’s Asian Partners; supporting the Transdniestrian settlement process (also known in the OSCE as the “5+2” format, which brings together representatives of Moldova, Transdniestria, the OSCE, the Russian Federation, Ukraine, the European Union, and the United States); and selecting North Macedonia to chair the organization in 2023. Unfinished Business Unfortunately, participating States did not reach consensus on several other important drafts, including one co-sponsored by the United States and Belarus based on lessons learned during the COVID-19 pandemic that would have set out new commitments for participating States to effectively combat human trafficking during times of emergency. Other proposals, including texts to modernize the Vienna Document (a wide-ranging confidence- and security-building measure that includes provisions requiring notification of significant military activities, as well as an exchange of information about armed forces, military organization, and major weapon and equipment systems), enhance public-private partnerships to counter terrorism, and counter trafficking in natural resources were scuttled by Russian, Azerbaijani, and Armenian intransigence. Some drafts which did not reach consensus among all 57 states were turned into statements issued and signed by those countries that had supported their adoption. The United States signed onto nine such statements to support the concept of women, peace and security outlined in UN Security Council Resolution 1325; modernization of the politico-military framework of the Vienna Document; and a number of statements related to the OSCE’s role in addressing regional challenges like ending the Nagorno-Karabakh conflict, improving human rights compliance by Belarus, countering Russian aggression in Ukraine and the Republic of Georgia, and addressing challenges relating to the COVID-19 pandemic. The Albanian Chairperson, together with the OSCE’s 2019 Slovak Chairperson, and the OSCE’s three incoming Chairpersons (the “Quint”) issued two joint statements, one expressing concern about the ongoing conflict in Ukraine and another reaffirming the principles enshrined the Helsinki Final Act and the Charter of Paris for a New Europe. Side events highlight continuing challenges The Ministerial Council’s four side events highlighted priority areas for participating States and for the Parliamentary Assembly. Due to the virtual format, events on the Belarus Moscow Mechanism report, human rights violations in Crimea, combatting human trafficking during the COVID-19 crisis, and the OSCE Parliamentary Assembly’s call for renewed political will to address contemporary challenges, attracted hundreds of participants. Deputy Assistant Secretary Kent closed the Moscow Mechanism side event by promising to maintain a focus on the situation in Belarus, to support efforts to hold authorities accountable for torture and other human rights violations, and to ensure the voice of the Belarusian people is heard in determining their country’s future. At a side event organized by the OSCE Parliamentary Assembly titled “A Call to Action: Reaffirming a Common Purpose,” Helsinki Commission Ranking Member Sen. Ben Cardin (MD) affirmed the strong bipartisan support in the United States for the OSCE, and recognized it as vital forum to promote security, defend human rights and encourage democratic development in all OSCE countries. He argued that greater political accountability rather than organizational reform would make the OSCE more relevant and effective in the years ahead. “It remains the responsibility of the participating States to hold each other to account. In the face of repression at home or aggression abroad, the OSCE will succeed as a multilateral forum as long as those who are true believers stand united in defending the ten Helsinki principles and forthrightly raise violations in this forum.” Sen. Ben Cardin (MD), Ranking Member, U.S. Helsinki Commission, OSCE MC 2020 Side Event on “A Call to Action” Due to challenges related to convening during the COVID-19 pandemic, the NGO network Civic Solidarity Platform did not organize its annual Civil Society Conference, which had been held in conjunction with each OSCE Ministerial Council since its first convening during the 2010 OSCE Summit in Astana. Instead, the network organized a series of webinars in December to maintain focus on key issues of concern. 2021: OSCE’s Swedish Chairpersonship “Back to Basics” Looking ahead to its 2021 Chairpersonship, Swedish Foreign Minister Ann Linde said that Sweden will work to get “back to basics:” defending the European security order, contributing to resolving conflicts, and upholding the OSCE’s comprehensive concept of security with a special focus on human rights, democracy, and gender equality.
Retrospective on the 116th CongressFriday, December 18, 2020
By Emma Derr, Max Kampelman Fellow “For more than four decades, the Helsinki Commission has championed human rights and democracy across North America, Europe, and Central Asia. While we have worked to keep these concerns on the U.S. agenda, much remains to be accomplished.” Rep. Alcee L. Hastings (FL-20), Chairman, U.S. Helsinki Commission In the OSCE region, 2019 and 2020 were marked by unprecedented challenges stemming from the COVID-19 pandemic, calls for racial justice, systematic human rights issues, and ongoing regional conflicts amidst U.S. presidential, Congressional, and regional and local elections. Through these crises, U.S. Helsinki Commission leadership worked tirelessly to ensure that human rights and comprehensive security continued to be promoted through the United States’ foreign and domestic policy agendas. 2020 also marked the 30th anniversary of the Charter of Paris, which set unprecedented commitments to human rights, providing an opportunity for OSCE participating States to reflect and bolster human rights commitments during such a crucial time. Through hearings and briefings, legislative activities, public statements and reports, and engagement with other foreign policy actors, the Helsinki Commission has focused on human rights and security challenges both in the United States and abroad to advance the commission’s priorities in the 116th Congress: principled foreign policy; human rights at home; parliamentary diplomacy; and safe, inclusive, and equitable societies. Additional policy focuses include regional security, election observation, OSCE engagement, and anti-corruption work. View a comprehensive list of activities in the Helsinki Commission's report on the 116th Congress. Principled Foreign Policy From respect for sovereignty and the territorial integrity of states to human rights and fundamental freedoms, commitments undertaken by OSCE participating States underpin peace and stability in the OSCE region and form the basis of comprehensive security for all people. The Helsinki Commission strives to ensure that the protection of human rights and democratic development are central to a principled U.S. foreign policy. During the 116th Congress, Belarus, Russia, Turkey, Hungary, Ukraine/Crimea, and the Balkans attracted particular attention, given the ongoing human rights and regional conflict issues in those countries. Belarus Following over two decades of authoritarian rule supported by the Kremlin, a political crisis erupted in Belarus in the summer of 2020. After August 9 elections, the Alexander Lukashenko regime claimed victory, and the country saw an unrelenting crackdown by Belarusian authorities on peaceful protests, civil society, and the media. According to international observers, Belarus has not had free and fair national elections since Lukashenko was first elected president in 1994. Unprecedented crowds continue to protest the election. Ahead of the election, Lukashenko eliminated his main political competition through disqualification or imprisonment. Numerous protestors, supporters of opposition candidates, and journalists were arrested as last-minute candidate Svetlana Tsikhanovskaya drew unprecedented crowds to her rallies. Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) called on President Lukashenko “to order the release of those who have been detained for political reasons and allow real political competition in Belarus.” After the elections and in reaction to the human rights abuses perpetrated by the Lukashenko regime, Chairman Hastings wrote to Treasury Secretary Steven Mnuchin requesting that the U.S. administration revoke access to the U.S. financial system for the nine largest state-owned companies in Belarus. “The United States stands with the people of Belarus, who have a right to make free choices about their country’s future and to protest peacefully.” Sen. Roger Wicker (MS), Co-Chairman, U.S. Helsinki Commission After the invocation by 17 OSCE participating States of the Moscow Mechanism to report on human rights concerns in Belarus and subsequent investigation, Professor Wolfgang Benedek—the selected rapporteur—joined the Helsinki Commission for a podcast to discuss his findings, including evidence of fraudulent elections, systematic human rights violations, and a general situation of impunity for perpetrators. Regional Security and Stability In May 2020, following reports that the Trump administration planned to withdraw from the Treaty on Open Skies, Chairman Hastings urged Congress to support the United States’ allies and partners in Europe, as “withdrawing from the Open Skies Treaty can only benefit Putin’s continuing campaign of aggression against Russia’s neighbors.” Chairman Hastings also authored an amendment to the National Defense Authorization Act (NDAA) for the 2021 Fiscal Year to reflect support for the Open Skies Treaty and stated his regret in November when the U.S. withdrew from the treaty. The Helsinki Commission held a joint hearing in November 2019 with the House Foreign Affairs Committee concerning the importance of the Open Skies Treaty for security and stability in Europe and released a podcast on the treaty’s benefits, the complexity of execution, and current challenges in implementation. In July 2019, for the first time in its 43-year history the Helsinki Commission convened outside of the United States for a field hearing to underscore America’s commitment to Baltic Sea regional security and emphasize its unwavering support for U.S. friends and allies. The commission also held a briefing to discuss the potential use of energy, specifically oil and gas projects, to achieve foreign policy goals, as well as the extent to which energy independence can reduce the ability of hostile actors to destabilize the European region by threatening to cut off access to energy supplies. Turkey, Hungary, Ukraine/Crimea, and the Balkans In April 2019, Co-Chairman Wicker and Ranking Member Sen. Ben Cardin (MD) introduced the Defending United States Citizens and Diplomatic Staff from Political Prosecutions Act to address arbitrary arrests which contribute to Turkey’s deteriorating respect for human rights under President Erdogan. In April 2019, the Helsinki Commission hosted a briefing on recent developments in Hungary concerning a steady erosion of freedom, the rule of law, and quality of governance. Later that year, the commission reported on an amendment to the Hungarian religion law, which continues to discriminate against people on the basis of their faith. In late 2019, Co-Chairman Wicker successfully pressed Hungarian Prime Minister Viktor Orban to stop the blockage of the European Union version of the Magnitsky Act. The U.S. Magnitsky Act allows the use of sanctions as a tool to target alleged human rights abusers and corruption, and its European counterpart would do the same. In May 2020, Co-Chairman Wicker and Ranking Member Cardin urged U.S. Secretary of State Mike Pompeo to work with the European Union’s High Representative to advance EU Magnitsky Sanctions. Following a mob attack in October 2019 on a Jewish community center providing office space to civil society groups in Budapest, Chairman Hastings and Ranking Member Cardin called the Hungarian government to take action during this “alarming escalation of violence toward minorities and civil society groups.” In 2020, the commission released a report detailing the escalating rhetorical attacks and legislative restrictions against civil society as Orban continues to consolidate power in Hungary. In December 2019, Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02) and Commissioner Rep. Emanuel Cleaver II (MO-05) introduced the bipartisan Ukraine Religious Freedom Support Act in the House of Representatives, and Co-Chairman Wicker introduced the act, cosponsored by Helsinki Commissioner Sen. Jeanne Shaheen (NH), to the Senate. The act, which would combat Russia’s religious freedom violations in the Crimea and Donbas regions of Ukraine, unanimously passed in the House of Representatives in November 2020 and awaits Senate action. In July 2019, the Helsinki Commission hosted a briefing about reunifying societies divided by war, genocide, and other tragedies in areas such as the Balkans, as well as promoting reconciliation and healing for Holocaust survivors and other victims of Nazi persecution who continue to seek justice worldwide. Twenty years after two U.S. citizens were brutally murdered in Serbia in the aftermath of the 1999 conflict in Kosovo, their brother Ilir joins the Helsinki Commission to share his family’s fight for justice in the face of inaction by Serbian authorities. Election Observation In 1990, all OSCE participating States pledged to hold free and fair elections and to invite international observers. OSCE election observation missions often are undertaken jointly by the OSCE Office of Democratic Institutions and Human Rights (ODIHR) and the OSCE Parliamentary Assembly (PA). These election observation missions have been recognized as one of the most transparent and methodical ways to encourage States’ commitment to democratic standards and have become a core element of the OSCE’s efforts to provide feedback on the election processes to the benefit of candidates and voters alike. Commissioners and staff have observed well over 100 elections since 1990, and in 2020 alone, the OSCE has been invited to observe elections in nearly 20 OSCE participating States, including the United States. In 2019, the commission held a briefing focused on the benefits and challenges of international election observation, best practices, and emerging issues such as voting technology and security. In addition, the use of disinformation to influence elections has become a pervasive and persistent threat in all 57 OSCE participating States. Ahead of the 2020 general elections, the commission held a briefing on the intersections and influences of disinformation and COVID-19 on the electoral process. Election observation is an important way to help monitor these effects on the workings of democracy. A limited election observation mission was deployed by the OSCE to observe the 2020 general election in the United States. Despite the challenges posed by the pandemic, the OSCE team was confident it produced a thorough, impartial, fact-based assessment that concluded the elections were free and fair, as well as “competitive and well managed despite legal uncertainties and logistical challenges” posed by the pandemic and the polarized political climate. OSCE Institutions and Policy During the past two years, the Helsinki Commission hosted hearings featuring both the Albanian and Slovakian OSCE Chairs in Office, as well as the OSCE Representative for Freedom of the Media Harlem Desir, to discuss OSCE institutional priorities such as human rights violations, conflict resolution, and the safety of journalists. In January 2020, the Helsinki Commission welcomed OSCE Office of Democratic Institutions and Human Rights Director Ambassador Ingibjörg Sólrún Gísladóttir, in her first appearance before Congress, to address challenges in the OSCE region related to human rights and democracy. In December 2020, the Helsinki Commission held a hearing, “U.S. Priorities for Engagement at the OSCE,” where Ambassador Philip T. Reeker U.S. State Department Senior Bureau Official, who has been serving in the role of Acting Assistant Secretary for Europe and Eurasia since March 2018, emphasized that the United States is focused on upholding Helsinki Final Act commitments and pushing all participating States to live up to their own commitments to these principles. Human Rights at Home Like all other OSCE participating States, the United States must also examine how well—or how poorly—it is living up to its own OSCE commitments. In the 116th Congress, the Helsinki Commission took a hard look at human rights at home. “If the United States wants to remain a credible voice in the promotion of human rights abroad, we must fiercely protect them at home.” Rep. Alcee L. Hastings (FL-20), Chairman, U.S. Helsinki Commission In summer 2020 the Helsinki Commission launched a series of hearings focused on restorative justice related to public monuments and memorials, the safety of journalists, and implications of domestic human rights issues for U.S. leadership. The commission also convened political and civil rights leaders to discuss the impact of George Floyd’s tragic death on the need to shape policies that confront and prevent racism and racist acts. The Helsinki Commission dealt at further length with the safety of journalists and freedom of the media in the United States. In the aftermath of attacks on journalists covering protests calling for racial justice, Chairman Rep. Hastings expressed the need to take an “honest and critical look at America’s own record in recent weeks on protecting journalists and safeguarding press freedom.” The U.S. Agency for Global Media (USAGM) supports networks that reach more than 350 million people across the world, many of whom otherwise would not have access to independent, unbiased news. When USAGM failed to renew J-1 visas for foreign Voice of America (VOA) journalists, Chairman Rep. Hastings, Ranking Member Sen. Ben Cardin, and Helsinki Commissioners Sen. Jeanne Shaheen, Rep. Emanuel Cleaver, Rep. Steve Cohen (TN-09), and Rep. Marc Veasey (TX-33) demanded that U.S. Agency for Global Media (USAGM) CEO Michael Pack provide a detailed explanation and called for new policies to protect the personal security of VOA journalists working under the USAGM. Safe, Inclusive, and Equitable Societies Civil rights are human rights, and advancing societies that are safe, inclusive, and equitable is central to the work of the Helsinki Commission. Anti-racism initiatives have always been a priority for the commission, but they found particular focus in 2020 in conjunction with the exposure of systemic racism in police brutality and the disproportionate impacts of COVID-19 on minority populations. Commissioners looked inward to the United States’ own domestic policies, as well as outward to other OSCE countries, to develop ideas and policies that promote principles of social inclusion, empowering diverse populations and enhancing the ability for everyone to fully participate in society. Over the past decade, Chairman Hastings has drawn attention to the racism and discrimination faced by black Europeans, recognizing their fight for inclusion. In March 2019, he introduced legislation establishing a strategy to protect the collective history and achievements of people of African descent and to promote the human rights of people of African descent worldwide, and a year later, he introduced a bill to implement a government-wide diversity and inclusion plan. “Across the globe we find racial disparities between those of African descent and other populations in education, employment, health, housing, justice, and other sectors. At the same time, hate crimes and racial profiling targeting black populations are increasing,” said Chairman Hastings. “A global strategy ensures we are monitoring whether countries around the world are providing equal protections and opportunity to all within their borders.” Chairman Hastings also collaborated with other Helsinki Commissioners to address racism globally. In July 2020, Chairman Hastings, along with Helsinki Commissioners Rep. Gwen Moore (WI-04), Rep. Cleaver, Rep. Veasey, and 35 other Members of the United States Congress, including the Congressional Black Caucus Chair, called for a sweeping plan of action following the European Parliament’s Juneteenth Day resolution supporting protests against racism and police brutality. Chairman Hastings and Rep. Gregory W. Meeks (NY-05) also issued a statement regarding foreign affairs funding for diverse, global anti-racism programs, commemorating John Lewis’ yearly leadership in securing these appropriations requests. In September, Chairman Hastings and other Helsinki Commissioners joined members of the European Parliament’s Civil Liberties Committee and Subcommittee on Human Rights to discuss combating racism and systemic discrimination on both sides of the Atlantic. In October, Ranking Member Cardin joined the office of the OSCE High Commissioner on National Minorities for an online event that evaluated the applicability of the 2006 Recommendations on Policing in Multi-Ethnic Societies, highlighted relevant legislation, and discussed structural changes to address discriminatory police violence. Ahead of International Roma Day in 2020, the Helsinki Commission hosted a discussion about racism against Roma, the largest ethnic minority in Europe who have historically faced enslavement and continue to battle discrimination. The conversation focused on the state of Roma rights in Europe, as well as resolutions introduced by Helsinki Commission leaders to celebrate Romani American heritage. Reports from nearly every corner of the OSCE region suggest that minority groups have been impacted especially hard by the COVID-19 pandemic, and an extended episode of "Helsinki on the Hill" takes an in-depth look at the pandemic’s impact on vulnerable populations, such as the Roma, and the role of governments in addressing that impact. In December 2019, the Helsinki Commission convened a hearing to focus on public diplomacy initiatives that cultivate leaders who espouse democratic principles, including inclusive and representative governance. The commission also released a podcast discussing how to achieve equitable and inclusive democracies through political inclusion and economic empowerment. Guests discussed their experiences on the front lines of the fight for greater diversity and inclusion in Europe, and in the transatlantic policymaking space more broadly. Members of the Helsinki Commission have long supported diversity and inclusion efforts in international affairs including through the annual Transatlantic Inclusion Leaders Network (TILN) workshop, a hearing about the state of diversity and inclusion in Europe, and a new transatlantic democracy program for youth “On the Road to Inclusion.” In March 2020, Chairman Hastings introduced the Leadership Institute for Transatlantic Engagement (LITE) Act, calling for the creation of a transatlantic institute focused on strengthening democratic principles and values in the West, as well as pioneering inclusive and intergenerational solutions to current challenges that would empowering individuals across generations and from diverse backgrounds with the knowledge, tools, opportunity, and access to fully participate in their democracies. The commission also supports diversity in the diplomatic corps. Chairman Hastings, Co-Chairman Wicker, and Ranking Member Cardin joined bipartisan Congressional efforts to support annual funding for State Department and USAID diversity fellowship programs, as well as study abroad opportunities. Parliamentary Diplomacy Parliamentary diplomacy advances comprehensive security and democratic institutions in the OSCE region and acts as a tool to promote safe, inclusive and equitable societies. Commissioners have championed the development of parliamentary assemblies for regional organizations throughout the world and participate regularly in the OSCE Parliamentary Assembly (OSCE PA), which offers opportunities for engagement among parliamentarians from OSCE participating States. The Helsinki Commission organizes bicameral U.S. delegations to OSCE PA meetings throughout the year. With 17 of 323 seats, the United States has the largest representation in the assembly. In the 116th Congress, commissioners explored ways to defend human rights, hold the Kremlin accountable, and maximize cooperation with OSCE Mediterranean partners at OSCE PA meetings. Commissioners visited Hungary, Tunisia, Israel, and Morocco in bipartisan delegations aiming to strengthen shared principles, and Commissioners reported on these visits at OSCE PA meetings as well. Co-Chairman Wicker led the largest bipartisan, bicameral U.S. delegation in history to the 28th Annual Session of the OSCE PA in July 2019 in Luxembourg. At this annual session, Helsinki Commission Ranking Member Cardin, who also serves as OSCE PA Special Representative on Anti-Semitism, Racism, and Intolerance, hosted a U.S. side event in his capacity as Special Representative on the topic of adopting an action plan to counter hate and foster inclusion. Following a two-day seminar organized by Helsinki Commission and the OSCE PA in February 2020, Future Leadership for Political Inclusion in the OSCE Region: A Seminar for Young Parliamentarians, nearly 20 young legislators from OSCE participating States issued a joint declaration emphasizing the important role young people must play in addressing human rights and security challenges across the world. The commission hosted OSCE PA officials for a briefing in December of 2019 to share a parliamentary perspective on the priorities and objectives of the Albanian chairmanship of the OSCE amid regional conflicts and resistance to democratic reforms in some countries in the OSCE region. The commission also regularly hosts hearings, convenes panels, and participates in events related to parliamentary diplomacy, highlighting the important role the OSCE PA and other parliamentary assemblies play in holding governments accountable to standards of cooperation and human rights. Corruption During the 116th Congress, the Helsinki Commission promoted efforts to combat corruption in the OSCE region, recognizing it as a threat to democracy, security, and human rights. The commission’s work focuses on authoritarian kleptocracy, a form of autocratic government that relies on financial globalization and secrecy to steal and maintain power. Members of the Helsinki Commission introduced the Rodchenkov Act, the Kleptocrat Exposure Act, the Combating the Illicit Trade in Tobacco Products Act (CITTPA), the Countering Russian and Other Overseas Kleptocracy (CROOK) Act, the Foreign Extortion Prevention Act, and the Transnational Repression Accountability and Prevention (TRAP) Act. The Rodchenkov Act passed through both chambers of Congress and was signed into law by President Trump on December 4, 2020. The act establishes criminal penalties for doping schemes, provides restitution for victims, protects whistleblowers from retaliation, and shares information with the U.S. Anti-Doping Agency. Passage of the bipartisan legislation was spearheaded by Co-Chairman Wicker and Commissioner Sen. Sheldon Whitehouse (RI) in the Senate and former Commissioners Rep. Sheila Jackson Lee (TX-18) and Rep. Michael Burgess (TX-26) in the House of Representatives. “This legislation is a great bipartisan accomplishment for the rights of athletes, the protection of whistleblowers, and our common goal of keeping criminals out of international sports,” said Co-Chairman Wicker. The commission also organized briefings to draw attention to issues like money laundering and official corruption, as well as to share best practices on innovative corruption policies.
Co-Chairman Wicker Urges Russia to Reverse Expulsion of Vanessa KoganFriday, December 11, 2020
WASHINGTON—Following reports last week that Russian authorities cancelled U.S. citizen and human rights lawyer Vanessa Kogan’s residency permit and ordered her to leave the country by mid-December, Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “The type of human rights work Vanessa Kogan is doing in Russia is essential in a country where rule of law is often subverted to serve the interests of those in power. After more than a decade living in Russia and after all she has done for so many Russian citizens, to uproot her and her family from their home is cruel political theater. She should be allowed to stay in Russia and continue her work.” Vanessa Kogan is the director of the Justice Initiative Project, which provides legal aid to people whose human rights have been violated in Russia and elsewhere in the former Soviet Union. Its team advocates for victims of torture, abductions, and other grave human rights abuses and has brought many cases to the European Court of Human Rights. Although Kogan has lived in Russia for 11 years, is married to a Russian citizen, and has two children who are dual citizens, authorities gave her just two weeks’ notice to leave Russia after her application for a Russian passport was denied and her residency permit annulled. The reason given was that she “poses a threat to the country's security.” Some of the Justice Initiative’s branches previously have been subject to harassment by Russian authorities, including police searches of their premises, being labeled as “foreign agents,” and being forced out of offices. Russia’s State Duma is currently pursuing an expansion of existing “foreign agent” laws that could create even greater obstacles to the work of NGOs, independent media, and individuals.
Co-Chairman Wicker on Secretary of State’s New Designations under International Religious Freedom ActThursday, December 10, 2020
WASHINGTON—Following U.S. Secretary of State Mike Pompeo’s December 7 designations for Countries of Particular Concern (CPC) and the Special Watch List for the worst religious freedom violations, Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “Secretary Pompeo rightfully redesignated Tajikistan and Turkmenistan as Countries of Particular Concern. These governments continue to arrest, detain, and torture people for their faith, despite repeated CPC redesignations. It is time for the president to take actions required by the International Religious Freedom Act of 1998, which include sanctions against foreign government officials who have committed or are responsible for severe and egregious religious freedom violations. “Russia’s continued presence on the Special Watch List underscores the need for the Senate to pass the Ukraine Religious Freedom Support Act. The Kremlin brutally persecutes religious communities in the parts of Ukraine it illegally occupies or otherwise controls by force. This legislation would ensure the president has the authority necessary to hold Russian government officials accountable for their brutality in Ukraine. “Under the leadership of President Shavkat Mirziyoyev, Uzbekistan commendably has released religious prisoners, registered more religious organizations, and maintained the ban on police raids against religious communities. However, it is essential that reforms continue. Uzbekistan should work with the Organization for Security and Cooperation in Europe and Council of Europe’s Venice Commission on its draft religion law to ensure that the final version complies with Uzbekistan’s OSCE commitments and international obligations.” As participating States of the Organization of Security and Cooperation in Europe, Tajikistan, Turkmenistan, Russia, and Uzbekistan have repeatedly made commitments to recognize, respect, and protect religious freedom. Even though Turkmenistan has been a CPC since 2014 and Tajikistan since 2016, presidents have always waived taking the presidential actions against them required by the International Religious Freedom Act of 1998. Russia has been on the Special Watch List since 2018. In November 2020, the House of Representatives unanimously passed the Ukraine Religious Freedom Support Act (H.R. 5408) introduced by Helsinki Commissioners Rep. Joe Wilson (SC-02) and Rep. Emanuel Cleaver, II (MO-05). The Senate companion (S. 3064), introduced by Sen. Wicker and cosponsored by Helsinki Commissioner Sen. Jeanne Shaheen (NH), also awaits Senate action. Under binding international humanitarian law, like the Geneva Conventions, the Russian Government is responsible for religious freedom violations in Ukrainian territory it occupies or controls through armed groups it commands. The Ukraine Religious Freedom Support Act would authorize the president to consider Russia’s worst religious freedom violations in Ukrainian territory—not just violations in Russia—when determining whether to designate Russia as a CPC. Uzbekistan was a CPC from 2006 to 2017 and on the Special Watch List from 2018 to 2019. Sen. Wicker has repeatedly urged Uzbekistan to request a review of its draft religion law by the OSCE’s Office for Democratic Institution for Human Rights. Sen. Wicker made the requests in a 2018 letter to Foreign Minister Abdulaziz Kamilov, during a 2018 Helsinki Commission hearing, and in a 2019 public statement. A recent joint review by ODIHR and the Venice Commission review concluded that although “the Draft Law brings some improvements compared to the existing legislation…the Draft Law also maintains major restrictions and suffers from deficiencies that are incompatible with international human rights standards.” The review included recommendations to make the law compliant.
2020 OSCE Mediterranean ConferenceWednesday, December 09, 2020
By Zantana Ephrem, Max Kampelman Fellow and Michelle Ikelau Ngirbabulka, Max Kampelman Fellow In 2020, the Organization for Security and Cooperation in Europe (OSCE) has faced the unprecedented crisis of COVID-19, as well as numerous other challenges. On November 3, the Mediterranean Partners for Cooperation Group gathered to virtually share best practices and discuss areas for long-term cooperation on topics including women’s economic empowerment and the environment. Political representatives of the 57 OSCE participating States, the six OSCE Mediterranean Partners for Cooperation (Algeria, Egypt, Israel, Jordan, Morocco and Tunisia), and various international organizations participated in the event. Sweden, as Chair of the 2020 OSCE Mediterranean Partners for Co-operation Group, organized the event, which focused on promoting security in the OSCE Mediterranean region through sustainable development and economic growth. Foreign Minister of Sweden Ann Linde offered opening remarks, along with Agron Tare, Deputy Minister for Europe and Foreign Affairs of Albania, and Ambassador Tuula Yrjölä, Officer-in-Charge / OSCE Secretary General. Two thematic sessions focused on advancing women’s economic empowerment and contribution to development, as well as on the need to strengthen international environmental cooperation. Women’s Economic Empowerment Advancing women’s economic empowerment continues to be a priority for OSCE Member States despite these challenging times, as demonstrated in the first session moderated by Ambassador and Permanent Representative of the Hashemite Kingdom of Jordan to the OSCE H.E. Leena Al-Hadid. She opened the session by highlighting existing gaps in women’s political and economic participation, even though many countries have adopted several policies to improve women’s economic empowerment and their economic advancement. Hadid also discussed how COVID-19 has highlighted and exacerbated persistent inequities in unpaid household work, domestic violence, and permanent exits from the labor force. The panel opened for input from participants where Spanish Ambassador-at-Large for Gender Equality in Foreign Policy Clara Cabrera, among others, discussed best practices as well as posed questions to panelists. Panelists shared their countries’ relevant experiences with narrowing existing gaps in gender equity in areas such as income, labor force participation, access to financial resources, and the digital divide. “COVID-19 has exacerbated inequalities but also has centered our action precisely in economic empowerment. We’ve seen this in the global action for economic empowerment. Mediterranean partners are key in this, including women in all decision-making responsibilities. Response policies will not be sustainable, fair, or impactful if they do not include women and girls’ empowerment.” – Clara Cabrera, Spanish Ambassador-at-Large for Gender Equality in Foreign Policy Ms. Natalia Strigunova, deputy director of the Department of Multilateral Economic Cooperation and Special Projects of the Russian Federation Ministry for Economic Development, and Mr. Roger Albinyana, director of Mediterranean regional policies and human development at the European Institute of the Mediterranean, shared opportunities to advance women’s economic empowerment through legislative action that supports mothers, narrows gaps in educational attainment, and increases financial support for women participating in the labor force. Stroganov highlighted the importance of eliminating the digital divide between men and women that persists in both rural and urban areas throughout Russia by promoting vocational and educational training opportunities and partnerships with the private sector and online education platforms like Open Academy. Mr. Albinyana shared similar best practices around the use of policy to eliminate inequities in educational attainment, women’s employment, and access to finances and capital. Policies instituting paid maternity leave and banning discrimination on the basis of sex or marital status for capital are essential to empowering women. Dr. Lenita Freidenvall of Sweden stated that her country’s efforts have focused on improving gender equality through policies that drive decision-making and resource allocation, ultimately aiming to build a society in which women and men can live their lives to their utmost potential regardless of sexual orientation, gender, age, or sex. Specifically, these policies include improving access to affordable childcare, equal distribution of parental leave, and improved access to financial capital. Mrs. Hana Rado, chief operating officer of McCann Tel Aviv, co-founder and chairperson of AloTok, and president of Supersonas Israel, noted the disproportionate burden of unemployment women in Israel face during COVID-19. She shared five solutions for economic advancement, including investments and policies that provide financial literacy, management, and leadership development. These initiatives also aim to support the mother, equal pay, and women in business, as well as protect the safety and security of women both in the public and private sphere. Promoting Environmental Cooperation “Our post-COVID-19 recovery strategies should be used as an opportunity to take on important reforms towards fulfilling the sustainable development goals, as well as the goals of the Paris agreement. We need to ensure that the recovery is based on the green transition. Lack of action towards climate neutrality will bring about consequences and costs that by far exceed the transition costs.” – Ann Linde, Minister of Foreign Affairs of Sweden The session focusing on promoting environmental cooperation was opened by H.E. Ambassador Yasser Sorour, deputy assistant foreign minister of Egypt, who highlighted how water scarcity, drought, and rising sea levels are the most pressing environmental concerns in the region. A panel of experts, moderated by H.E. Ambassador Vuk Žugić, the coordinator of OSCE economic and environmental activities, discussed the increasing frequency and intensity of natural disasters and extreme weather events, and how poor governance and mismanagement and degradation of natural resources pose threats to the environment and security of the OSCE region and the Mediterranean. Dr. Malin Mobjörk, senior researcher and director of the Climate Change and Risk Programme at the Stockholm International Peace and Research Institute, touched on how environmental issues jeopardize tourism, a significant aspect of many Mediterranean countries’ economies. She elaborated on how the accelerated rate of environmental change also affects economies and puts livelihoods at risk. Mr. Grammenos Mastrojeni, deputy secretary general for energy and climate action at the Union for the Mediterranean, asserted that strengthening cooperation and partnerships to address environmental challenges magnified by climate change can facilitate sustainable development in all its aspects, advance green growth, and foster common security. He also emphasized the need to mitigate nonrenewable resources and implement renewable energy initiatives. The conference concluded by discussing how the OSCE’s 2021 priorities will focus on women's economic empowerment, comprehensive access to security, equal access to justice, security amongst OSCE states, and COVID relief and mitigation. Official delegations present at 2020 OSCE Mediterranean Conference included: Jordan Morocco Israel Cyprus Finland Greece Slovenia Turkey Malta Spain Egypt Hungary Italy Poland Portugal Croatia
A Parliamentary Perspective on the 30th Anniversary of the Charter of ParisThursday, December 03, 2020
On November 20, the OSCE Parliamentary Assembly (OSCE PA) and the French Delegation to the OSCE PA hosted a commemorative event celebrating the 30th anniversary of the Charter of Paris for a New Europe. Speakers reflected on the momentous document and discussed how to the OSCE can continue to provide value within today’s complex international framework. The Charter of Paris was signed by 34 heads of state and government during a Summit of the Conference on Security and Cooperation in Europe (CSCE) in the French capital from November 19 to 21, 1990. The political agreement charted a path forward following Cold War confrontation and ushered in a new era as states made an unprecedented commitment to domestic individual freedoms, democratic governance, human rights, and transnational cooperation. The agreement led to the institutionalization of the CSCE as well as the regularization of its meeting, setting the stage for the transformation of the ongoing conference to an organization, the OSCE, in 1995. This included the founding of the Parliamentary Assembly in 1991. As the Charter of Paris turns 30, speakers reflected on its history and expression of hope for unity, stability and peace – goals which seemed attainable at the time but appear more distant today. Ann Linde, the Minister for Foreign Affairs of Sweden and incoming OSCE Chairperson-in-Office, stressed the OSCE and OSCE PA’s critical role in resolving challenges that threaten the OSCE region’s collective security, such as Russia’s violation of Ukraine’s territorial integrity and the post-election crackdown in Belarus. OSCE PA President George Tsereteli said, “it is clear that we as politicians and parliamentarians need to work very hard.” He encouraged his colleagues to confront crises in democracy and strive to realize Charter of Paris commitments. Participants of the event acknowledged the need to strengthen participating States’ commitments to the charter’s ideals through cooperation and dialogue. These calls for action were within the context of current geopolitical conflicts, as well as an effort to find ways to reach consensus with Russia. “The OSCE has become the premier international organization promoting human rights… It is a proud record, but it’s a record that can be improved. The OSCE needs to work on openness, access to non-governmental organizations. But the problem within the OSCE states today is principally noncompliance of the states with the principles, not the deficiencies in the organization itself,” said Helsinki Commission Ranking Member and OSCE PA Special Representative on Anti-Semitism, Racism and Intolerance, Sen. Ben Cardin. “Every state can do better,” Cardin said. “So, let us on this 30th anniversary of the Paris Charter remember our mission to build, consolidate, and strengthen democracies as the only system of government of our nations. You cannot be neutral in democracy.”
Rodchenkov Act Passes Senate, Goes to President for SignatureTuesday, November 17, 2020
WASHINGTON—Yesterday, the Rodchenkov Anti-Doping Act (H.R. 835) passed the U.S. Senate, completing its course through both chambers of Congress. The bill now goes to President Donald Trump for signature. Passage of the bipartisan legislation has been spearheaded by Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) and Commissioner Sen. Sheldon Whitehouse (RI) in the Senate and former Commissioners Rep. Sheila Jackson Lee (TX-18) and Rep. Michael Burgess (TX-26) in the House of Representatives. The bill passed the House of Representatives in October 2019. “This legislation is a great bipartisan accomplishment for the rights of athletes, the protection of whistleblowers, and our common goal of keeping criminals out of international sports,” said Sen. Wicker. “The world’s top athletes should not have a life achievement ripped away from them through fraud—and no whistleblower should live in fear of retaliation for exposing that fraud, as Dr. Rodchenkov has been forced to do.” “Russia’s malicious, corrupt behavior on the international stage demands a strong rejoinder,” said Sen. Whitehouse. “The World Anti-Doping Agency and the International Olympic Committee have failed to hold Russia accountable for its brazen cheating program in Sochi. Ahead of the next Olympics, the Rodchenkov Anti-Doping Act will create stiff penalties for doping and send a message to Russia and the world that state-sponsored fraud will not be tolerated.” The bill advanced through the legislative process entirely on consensus-based procedures, demonstrating the wide bipartisan support for the measure. The legislation also has received overwhelming support from amateur and professional sport organizations, including the U.S. Anti-Doping Agency (USADA), the U.S. Olympic and Paralympic Committee (USOPC), the U.S. Olympic and Paralympic Committee Athletes’ Advisory Council, the U.S. Olympians and Paralympians Association, Major League Baseball (MLB), the National Football League (NFL), the National Hockey League (NHL), and PGA TOUR. The Rodchenkov Anti-Doping Act will: Establish criminal penalties for participating in a scheme in commerce to influence a major international sport competition through prohibited substances or methods. This section applies to all major international sport competitions in which U.S. athletes participate, and where organizing entities receive sponsorship from companies doing business in the United States or are compensated for the right to broadcast their competition there, so that international fraud against Americans will not go unpunished. Penalties will include fines of up to $1,000,000, or imprisonment of up to 10 years, depending on the offense. Provide restitution to victims of such conspiracies. Athletes and other persons who are victims of major international doping fraud conspiracies shall be entitled to mandatory restitution for losses inflicted upon them by fraudsters and conspirators. Protect whistleblowers from retaliation. By criminalizing participation in a major international doping fraud conspiracy, whistleblowers will be included under existing witness and informant protection laws. Establish coordination and sharing of information with the United States Anti-Doping Agency. Federal agencies involved in the fight against doping shall coordinate and share information with USADA, whose mission is to preserve the integrity of competition, inspire true sport, and protect the rights of athletes, to enhance their collective efforts to curb doping fraud. In 2016, Dr. Grigory Rodchenkov exposed the Russian state-sponsored doping scandal that took place during the 2014 Sochi Olympics. By deceiving international anti-doping authorities and swapping athletes’ samples, Russian officials cheated U.S. athletes out of Olympic glory and U.S. corporations out of honest sponsorships. These corrupt officials used bribes and illicit payments, sometimes through U.S. financial institutions, to commit this fraud. Unfortunately, the masterminds behind the Russian doping operation escaped punishment for their actions because there was no U.S. legal mechanism to bring them to justice. In February 2018, the Helsinki Commission held a briefing featuring Dr. Rodchenkov’s attorney, Jim Walden, on combating fraud in sports and the role of whistleblowers in safeguarding the integrity of international competitions. In March, Commissioners Sen. Ben Cardin (MD) and Sen. Cory Gardner (CO) and Rep. Jackson Lee met with Dr. Rodchenkov to discuss the threat posed by Russia to the United States, corruption in international sports bodies, and how the United States can contribute to the international effort to counter doping fraud. In July, the Helsinki Commission held a hearing that explored the interplay between doping fraud and globalized corruption and U.S. policy responses, including the Rodchenkov Anti-Doping Act. In October 2018, the U.S. Department of Justice indicted seven individuals for involvement in a Russian-operated military intelligence program in which GRU officers are alleged to have conducted sophisticated hacking of U.S. and international anti-doping agencies who investigated and publicly condemned Russia’s state-sponsored doping program. The hacking victims also included 230 athletes from approximately 30 countries. The operation was part of a disinformation campaign in which victims’ personal email communications and individual medical and drug testing information, sometimes modified from its original form, was used to promote media coverage to further a narrative favorable to the Russian government. In October 2020, the U.S. Department of Justice indicted a further six individuals for involvement in a Russian-operated military intelligence program in which GRU officers are alleged to have conducted sophisticated hacking of entities and organizations involved with the 2018 PyeongChang Olympic Games.
Hastings and Wicker Call for Free and Fair Elections, Anti-Corruption Action, and Protection of Human Rights in KyrgyzstanTuesday, October 27, 2020
WASHINGTON—In response to the tumultuous change of power in Kyrgyzstan, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “Kyrgyzstan should ensure that changes to its electoral system adhere to the rule of law, are transparent, and allow for input from civil society. Its citizens, many of whom took to the streets in protest over allegations of vote buying and corruption during the annulled October 4 parliamentary election, should have confidence that the system is fair and that new elections are conducted properly and reflect the will of the people. “For the country to move forward, authorities should seriously address endemic corruption and protect private businesses and foreign investment. We are also disturbed by reports of pressure and harassment directed toward political opposition, human rights activists, and journalists. We urge Kyrgyzstan to ensure that human rights are protected during this difficult time, including the rights of persons belonging to ethnic minorities. “We believe that the Organization for Security and Cooperation in Europe could play an instrumental role in assisting Kyrgyzstan with any electoral or constitutional changes, as well as preparations for and observation of new elections. It also could support the role of civil society and independent media. Kyrgyzstan should take full advantage of this possibility.” What started as a popular revolt by youth and opposition groups over fraudulent elections on October 4 and endemic corruption resulted in the resignation of President Jeenbekov and the installation of Sadyr Japarov as both Kyrgyzstan’s acting president and prime minister. OSCE election observers concluded that the October 4 parliamentary election “was competitive and candidates could, in general, conduct their activities freely” but “credible allegations of vote buying remain a serious concern” and “a number of controversial CEC decisions raised questions about its impartiality.” The country will hold both new parliamentary and new presidential elections. Presidential elections have been scheduled for January 10, but the timing for parliamentary elections remains unclear. Parliament has already made some changes to the electoral code and is discussing further reform. Japarov announced that he would step down as president in December to allow him to run for president and thereby get around a constitutional provision that bans the acting president from doing so.
Chairman Hastings Commends Cyprus for Ending Golden Passport ProgramTuesday, October 13, 2020
WASHINGTON—Following the decision of Cyprus to cancel its so-called golden passport program, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “Golden passports are routinely abused by kleptocrats and crooks looking to hide their identity by using dirty money to purchase a second citizenship. I commend Cyprus for its decision to terminate this program and urge other EU countries to follow suit. Ending golden passports will help ensure that the EU provides no safe haven for those who would abuse its openness. Citizenship should not be for sale.” The Cyprus golden passport program has long faced criticism for its abuse by corrupt foreign officials. Both Transparency International and Global Witness have released reports highlighting the dangers of the Cyprus golden passport program, and the European Commission singled out Cyprus in its 2019 report on citizenship-by-investment in the EU. An Al Jazeera investigation entitled “The Cyprus Papers” found that more than 1,000 wealthy Russians received a Cypriot passport between 2017 and 2019, accounting for more than half of all applicants, and a recent undercover video allegedly showed senior Cypriot officials discussing how to enable a convicted criminal to purchase a golden passport.
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What’s Washington’s role in Belarus?Tuesday, October 06, 2020
The United States should lift up Belarusian civil society, according to experts, and slap tougher sanctions on mid-level government officials abusing protestors. The Trump administration should widen sanctions against human-rights abusers in Belarus and ramp up support for civil-society groups monitoring president Alexander Lukashenko’s crackdown, according to former State and Treasury department officials. Lukashenko purged his political opponents from the ballot in mid-August and unleashed security forces against civilians protesting the election. The crackdown has not cowed Lukashenko’s opponents, who have called for his ouster every weekend for the past two months. Over 100,000 people protested in Minsk on Sunday. The United States penalized senior members of Lukashenko’s inner-circle last week in an effort to push the embattled leader to negotiate. The State Department announced in September that the United States no longer recognizes Lukashenko’s government, and coordinated the sanctions with wider penalties from Europe. Both the Trump administration and European Union officials could be doing more to support the protestors, experts told National Journal. “I think both the U.S. and the EU need to go much further than they have so far, in terms of the number of people that they sanction,” said Michael Carpenter, director at the Penn Biden Center, who called for sanctions against “mid-level” Belarusian officials directly responsible for the human-rights abuses. Belarus-specific sanctions date to the Belarus Democracy Act of 2004, and a Bush-era executive order that sets out guidelines for penalizing officials responsible for undermining democracy. Lawmakers added further penalties in 2011. The Trump administration targeted eight people Friday, including the head of Belarus’s elections and the chief of Belarus’s security forces, and the European Union sanctioned 40 people. The United Kingdom and Canada also announced sanctions over the weekend, including against Lukashenko himself. The sanctions are only one part of Belarus policy, experts stressed, which is ultimately supposed to push Lukashenko to negotiate. Exiled opposition leader Sviatlana Tsikhanouskaya asked German Chancellor Angela Merkel to mediate the negotiations on Tuesday. Judy Dempsey, a nonresident senior fellow at Carnegie Europe, predicted that Merkel would take up the challenge—but would have to act quickly. Russian President Vladimir Putin might accuse the EU of meddling in Belarus’ government should the talks drag, Dempsey told National Journal. “If Merkel does take on this mediating role, it’s got to be incredibly sophisticated and it’s got to be very fast,” said Dempsey. The United States may not play a direct role in mediating the talks, but the Trump administration might put more pressure on Lukashenko by targeting mid-level officials inside his government. Former State Department sanctions coordinator Daniel Fried told National Journal that the State Department and OFAC could craft an executive order to authorize “status-based” penalties: those which authorize Treasury to target specific people based on their employment. Officials could then work with Belarusian civil society to identify targets, like “the plainclothes cops roughing up dissidents.” “Putting this into legislation is hard as hell, and then it’s not as flexible,” said Fried. “It’s far better to let OFAC do it, in coordination with the State Department.” Lawmakers have remained largely hands-off on Belarus, besides offering statements in support of those protesting against Lukashenko. In July, the Senate passed a resolution condemning the arrest of opposition candidates and political protesters. The chair and ranking member of the Senate Foreign Relations Committee separately called out Lukashenko’s handling of the election in early August, and later in the month issued a joint statement calling for sanctions against those responsible for human-rights abuses. The upper chamber might support Belarus policy by advancing Trump’s ambassadorial nominee to Belarus, several former officials and experts told National Journal. The United States and Belarus haven’t exchanged ambassadors since 2008. The Senate Foreign Relations Committee advanced career State Department official Julie Fisher favorably out of committee in late September. Democratic Sen. Chris Murphy voted against the nomination, and argued that sending the ambassador to Belarus during the crackdown would reward Lukashenko. Some experts disagreed, and said having an ambassador in Minsk could help the United States coordinate policy with civil-society groups and would send an important signal to domestic opposition. Sen. James Risch told Murphy that the State Department believed having an ambassador to Minsk was “the best way to help the Belarusian people.” Senate Majority Leader Mitch McConnell’s office did not respond to emailed questions about Fisher’s nomination; Senate Foreign Relations Committee spokesperson Suzanne Wrasse told National Journal that McConnell has “a number of priorities,” and that ambassadorial nominations were “on the list.” While former officials agreed that ramping up support for civil society groups and sanctioning mid-level Belarusian officials could be effective at prodding Lukashenko to negotiate, they disagreed over whether also to target large state-owned firms that form the backbone of the Belarusian economy. Carpenter, Fried, and other former Obama administration officials suggested that penalizing the companies could end up hurting protestors, many of whom work on the factory floors. The Lukashenko government has close ties with heavy industry, however, and a few lawmakers told National Journal they support lifting waivers granting them access to the U.S. market. Rep. Alcee Hastings asked Treasury Secretary Steven Mnuchin in mid-August to cancel sanctions waivers for several Belarusian companies. Hastings led the Organization for Security and Cooperation in Europe election-monitoring mission for Belarus’s 2006 presidential election, and now heads the Helsinki Commission, a congressionally-created agency that coordinates OSCE policy on Capitol Hill. The Treasury Department has not responded to Hastings’ letter. “Providing support to the Lukashenko regime by allowing its state-owned companies access to our financial system is unacceptable, and the sanctions announced on individuals last week by the Treasury Department are a step in the right direction,” said Hastings in a statement to National Journal. “However, Lukashenko himself has long been a prime candidate for Global Magnitsky sanctions, and failing to include him among the sanctioned individuals is a severe oversight.” Last fall, the state-owned Belarusian oil company Belneftekhim retained lobbyist David Gencarelli to push for the continuation of a licensing exemption allowing the company to purchase “crude oil with delivery to the refineries in the Republic of Belarus.” The Treasury Department extended relief to Belneftekhim and other heavy-industry players, giving them continued access to the American market until April 2021. “What we’ve seen over the years with Lukashenko is he’s a very skillful player juggling between the U.S. and Europe, which is a natural market for Belarus, and Russia,” said Sofya Orlosky, senior program manager for Europe and Eurasia at Freedom House. The EU has similarly sought to keep Lukashenko from sliding into Putin’s orbit, periodically lifting and reimposing sanctions on his government for human-rights abuses. The bloc suspended financial penalties in 2016 after Lukashenko granted “amnesty” to a number of political prisoners, which Orlosky said normalized Lukashenko’s undemocratic behavior. “There’s been, as it were, a limit to the severity of sanctions in the past, because the argument was made at least implicitly that we don’t want to alienate Belarus too much or throw them into Russia’s arms,” said Nigel Gould-Davies, a former British ambassador to Belarus. The Trump administration has pursued normalization with Minsk for the past several years, prior to Lukashenko’s crackdown. The State Department’s top political official, David Hale, met with Lukashenko in Minsk in September 2019, and stated afterward that the U.S. was ready to exchange ambassadors “as the next step in normalizing our relationship.” Secretary of State Mike Pompeo visited Minsk in February for the same purpose. The difference now, according to Gould-Davies: The legitimacy of Lukashenko’s regime “is basically broken.” Very few people support the government, aside from people working directly for the state, which undercuts calls for moderation in the West. “He enjoys no significant support outside of those who actually work for the state,” said Gould-Davies.
Mr. Speaker, earlier today I introduced H.R. 6067, the Rodchenkov Anti-Doping Act (‘‘RADA’’) because in the realm of international sports, it has become almost commonplace for too many athletes to yield to the temptation of bridging the gap between their own skill and the pinnacle of athletic achievement by resorting to performance enhancing drugs.
And to conceal this fall from grace, cheaters are employing increasingly sophisticated modes of masking the use of any proscribed drugs.
This practice, some of it state-sanctioned, undermines international athletic competition and is often connected to more nefarious actions by state actors.
This is why it is necessary for Congress to enact H.R. 6067, the bipartisan Rodchenkov Anti-Doping Act (‘‘RADA’’ Act)
The legislation I have introduced is bipartisan, and bears the name of courageous whistleblower Dr. Grigory Rodchenkov, a valiant man who revealed the true extent of the complex state-run doping scheme which permitted Russia to excel in the 2014 Sochi Winter Olympics, and which resulted in its ban from the 2018 Olympic Games.
While he was complicit in Russia’s state-run doping program, Dr. Rodchenkov regrets his role and seeks to atone for it by aiding the effort to clean up international sports and to curb the rampant corruption within Russia.
The RADA Act is a serious step towards cracking down on the use of performance-enhancing drugs in major international competition because it establishes criminal penalties and civil remedies for doping fraud.
A number of other nations, including Germany, Austria, Belgium, Denmark, France, Italy, Sweden, Switzerland, and Spain, have embraced criminal sanctions for doping fraud violations and it is time for the United States to be added to this list.
Doping fraud in major international competitions—like the Olympics, the World Cup and the Tour de France—is often linked with corruption, bribery and money laundering.
It is not just victory that criminals engaged in doping fraud snatch away from clean athletes—athletes depend on prize money and sponsorships to sustain their livelihoods.
The United States has a large role to play in ferreting out corruption in international sports.
Not only do U.S. athletes lose out on millions in sponsorships, but when a U.S. company spends millions to create a marketing campaign around an athlete, only to have that athlete later implicated in a doping fraud scandal, the damage to that company’s brand can cost tens of millions.
This has been the story of Alysia Montaño, a U.S. runner who competed in the 2012 Summer Olympics games in London and placed fifth place in the 800 meters behind two Russian women finishing first and third.
These women were later found to have engaged in doping fraud by the World Anti-Doping Agency, meaning that Ms. Montaño had rightfully finished third, which would have earned her a bronze medal.
Ms. Montaño estimates that doping fraud cost her ‘maybe half a million dollars, if you look at rollovers and bonuses, and that’s without outside sponsorship maybe coming in.’
She adds, ‘That’s not why you’re doing it, but you still deserve it.’ She certainly does. Until now, defrauded U.S. athletes and companies have had little recourse against doping fraud.
A recent article published by The New York Times titled ‘‘U.S. Lawmakers Seek to Criminalize Doping in Global Competitions’’ references the RADA as a step in the right direction toward criminalizing doping in international sports.
The RADA is an important step to stemming the tide of Russian corruption in sport and restoring confidence in international competition.
Mr. Speaker, I include in the RECORD the New York Times article published June 12, 2018 entitled ‘‘U.S. Lawmakers Seek To Criminalize Doping in Global Competitions’’, which cites RADA as a step in the right direction toward criminalizing doping in international sports.
[From the New York Times, June 12, 2018]
U.S. LAWMAKERS SEEK TO CRIMINALIZE DOPING IN GLOBAL COMPETITIONS (By Rebecca R. Ruiz)
United States lawmakers on Tuesday took a step toward criminalizing doping in international sports, introducing a bill in the House that would attach prison time to the use, manufacturing or distribution of performance-enhancing drugs in global competitions.
The legislation, inspired by the Russian doping scandal, would echo the Foreign Corrupt Practices Act, which makes it illegal to bribe foreign officials to gain a business advantage. The statute would be the first of its kind with global reach, empowering American prosecutors to act on doping violations abroad, and to file fraud charges of a different variety than those the Justice Department brought against top international soccer officials in 2015.
Although American leagues like Major League Baseball would not be affected by the legislation, which would apply only to competitions among countries, it could apply to a league’s athletes when participating in global events like the Ryder Cup, the Davis Cup or the World Baseball Classic.
The law would establish America’s jurisdiction over international sports events, even those outside of the United States, if they include at least three other nations, with at least four American athletes participating or two American companies acting as sponsors. It would also enhance the ability of cheated athletes and corporate sponsors to seek damages, expanding the window of time during which civil lawsuits could be filed.
To justify the United States’ broader jurisdiction over global competitions, the House bill invokes the United States’ contribution to the World Anti-Doping Agency, the global regulator of drugs in sports. At $2.3 million, the United States’ annual contribution is the single largest of any nation. ‘‘Doping fraud in major international competitions also effectively defrauds the United States,’’ the bill states.
The lawmakers behind the bill were instrumental in the creation of the 2012 Magnitsky Act, which gave the government the right to freeze financial assets and impose visa restrictions on Russian nationals accused of serious human rights violations and corruption. On Tuesday, the lawmakers framed their interest in sports fraud around international relations and broader networks of crime that can accompany cheating.
‘‘Doping fraud is a crime in which big money, state assets and transnational criminals gain advantage and honest athletes and companies are defrauded,’’ said Sheila Jackson Lee, Democrat of Texas, who introduced the legislation on Tuesday. ‘‘This practice, some of it state-sanctioned, has the ability to undermine international relations, and is often connected to more nefarious actions by state actors.’’
Along with Ms. Jackson Lee, the bill was sponsored by two other Congressional representatives, Michael Burgess, Republican of Texas, and Gwen Moore, Democrat of Wisconsin.
It was put forward just as Russia prepares to host soccer’s World Cup, which starts Thursday. That sporting event will be the nation’s biggest since the 2014 Sochi Olympics, where one of the most elaborate doping ploys in history took place.
The bill, the Rodchenkov Anti-Doping Act, takes its name from Dr. Grigory Rodchenkov, the chemist who ran Russia’s antidoping laboratory for 10 years before he spoke out about the state-sponsored cheating he had helped carry out—most notoriously in Sochi. At those Games, Dr. Rodchenkov said, he concealed widespread drug use among Russia’s top Olympians by tampering with more than 100 urine samples with the help of Russia’s Federal Security Service.
Investigations commissioned by international sports regulators confirmed his account and concluded that Russia had cheated across competitions and years, tainting the performance of more than 1,000 athletes. In early 2017, American intelligence officials concluded that Russia’s meddling in the 2016 American election had been, in part, a form of retribution for the Olympic doping scandal, whose disclosures Russian officials blamed on the United States.
Nations including Germany, France, Italy, Kenya and Spain have established criminal penalties for sports doping perpetrated within their borders. Russia, too, passed a law in 2017 that made it a crime to assist or coerce doping, though no known charges have been brought under that law to date.
Under the proposed American law, criminal penalties for offenders would include a prison term of up to five years as well as fines that could stretch to $250,000 for individuals and $1 million for organizations.
‘‘We could have real change if people think they could actually go to jail for this,’’ said Jim Walden, a lawyer for Dr. Rodchenkov, who met with the lawmakers as they considered the issue in recent months. ‘‘I think it will have a meaningful impact on coaches and athletes if they realize they might not be able to travel outside of their country for fear of being arrested.’’
The legislation also authorizes civil actions for doping fraud, giving athletes who may have been cheated in competitions—as well as corporations acting as sponsors—the right to sue in federal court to recover damages from people who may have defrauded competitions.
Ms. Jackson Lee cited the American runner Alysia Montaño, who placed fifth in the 800 meters at the 2012 Summer Olympics. Two Russian women who placed first and third in that race were later disqualified for doping, elevating Ms. Montaño years later. ‘‘She had rightfully finished third, which would have earned her a bronze medal,’’ Ms. Jackson Lee said, noting the financial benefits and sponsorships Ms. Montaño could have captured.
The bill would establish a window of seven years for criminal actions and 10 years for civil lawsuits. It also seeks to protect whistle-blowers from retaliation, making it illegal to take ‘‘adverse action’’ against a person because he or she has disclosed information about doping fraud.
Dr. Rodchenkov, who has lived in the United States since fall 2015, has been criminally charged in Russia after he publicly deconstructed the cheating he said he carried out on orders from a state minister.
‘‘While he was complicit in Russia’s past bad acts, Dr. Rodchenkov regrets his past role in Russia’s state-run doping program and seeks to atone for it by aiding the effort to clean up international sports and to curb the corruption rampant in Russia,’’ Ms. Jackson Lee said, calling Tuesday’s bill ‘‘an important step to stemming the tide of Russian corruption in sport and restoring confidence in international competition.’’