Benjamin L. Cardin
Washington, DC
United States
113th Congress
Second Session
Congressional Record, Vol. 159
No. 5
Thursday, February 27, 2014
Mr. CARDIN. Mr. President, I take this time to share with my colleagues the tragic events that unfolded these past few weeks in the Ukraine. Ukraine is an incredibly important country. The recent events are tragic, the result of a corrupt government and loss of life.

I remember the Orange Revolution that took place in Ukraine, starting in November 2004, ending in January 2005. Hundreds of thousands of Ukrainians took to that protest to protest the corrupt election. They did it in a peaceful way.

They not only got the attention of the people of Ukraine but the attention of the world. As a result of that peaceful revolution, the government stood for new elections, free and fair elections. Democratic leadership was elected, and all of us thought the future for Ukraine was very positive.

I was in Kiev not long after that Orange Revolution. I had a chance to talk to people who were involved, and I talked to the new leaders. I saw that sense of hope that Ukraine at long last would be an independent country without the domination of any other country and that the proud people would have a country that would respect their rights, that would transition into full membership in Europe and provide the greatest hope for future generations.

They started moving in that direction. As the Presiding Officer knows, there were agreements with Europe on immigration. They have been involved in military operations in close conjunction with NATO. Ukraine was and is an important partner of the United States and for Europe.

Then Victor Yanukovych came into power for a second time. Mr. Yanukovych took the country in a different direction. He was a corrupt leader. He had a close involvement with Russia.

Today there is some hope. The Parliament has brought in a new interim government. Presidential elections are now scheduled for May 25. But there are certain matters that are still very much in doubt. In the Crimea, which is a part of the Ukraine which has a large Russian population, it is unclear as to what is happening there. Pro-Russian sympathizers have taken over government buildings. It is not clear of Russia’s involvement.

It is critically important that the international community have access to what is happening in the Crimea and make it clear that Russia must allow the Ukraine to control its own destiny. It is time for the international community to mobilize its resources to assist Ukraine’s transition to a democratic, secure, and prosperous country.

The people of Ukraine have had an incredibly difficult history and over the last century have been subjected to two World Wars, 70 years of Soviet domination, including Stalin’s genocidal famine.

Our assistance at this time will be a concrete manifestation that we do indeed stand by the people of Ukraine as they manifest their historic choice for freedom and democracy. Moreover, we need to help Ukraine succeed to realize the vision of a Europe whole, free, and at peace.

That is our desire and that is the desire of the people of Ukraine. They are moving on the right path. They critically need our help and that of the international community to make sure Russia does not try to dominate this country; that its desire to become part of Europe is realized; that free and fair elections can take place, and the rights of their people can be respected by their government.

Yesterday I heard from Swiss President and OSCE Chair-in-Office Burkhalter and welcomed his engagement and the important role the OSCE can play in Ukraine.

As a member of the Commission, I had the honor of chairing the Helsinki Commission, which is our implementing arm to the Organization for Security and Co-operation in Europe. A Foreign Minister from one of the member states usually acts as our Chair-in-Office, and this year Mr. Burkhalter is not only the Foreign Minister of Switzerland, he is also the President of Switzerland. He is the person responsible for the direction of the organization. We had a hearing with him and Ukraine took a good part of our discussions.

The guiding principles of the OSCE is if they are going to have a prosperous country, if they are going to have a secure country, they have to have a country that respects the rights of its citizens. Respecting the rights of its citizens means they are entitled to good governance. They are entitled to a country that does not depend upon corruption in order to finance its way of life. Those are the principles of the OSCE. A country with good governance, respect for human rights, that takes on corruption, is a country in which there will be economic prosperity and a country which will enjoy security. That has been our chief function, to try to help other countries.

The meeting yesterday underscored the importance OSCE can play in the future of Ukraine, and we hope they will utilize those resources so Ukraine can come out of this crisis as a strong, democratic, and independent country.

There has to be accountability. There has to be accountability for those who are responsible for the deaths in Kiev. I mention that because, yes, there is a moral reason for that. Those who commit amoral atrocities should be held accountable. That is just a matter of basic rights. But there is also the situation when they don’t bring closure here, it offers little hope that these circumstances will not be repeated in the future. If future government leaders believe they could do whatever they want and there will be no consequences for their actions, they are more likely to take the irresponsible actions we saw on Ukraine.

So, yes, it is important we restore a democratic government in Ukraine. It is important that government be independent and able to become a full member of Europe. It is important that government respect the human rights of its citizens, but it is also important they hold those responsible for these atrocities accountable for their actions.

The Obama administration took some action this past week. They did deny visas to certain members who were responsible for the Government of Ukraine, and they did freeze bank accounts of those who were involved in the corrupt practices in Ukraine. That was a good first step and I applaud their actions.

I remind my colleagues we passed the Sergei Magnitsky Rule of Law Accountability Act as part of the Russia PNTR legislation. I was proud to be the sponsor of the Sergei Magnitsky Rule of Law Accountability Act. What it does—and it says it was amended to apply only to Russia—those who are involved in gross violations of internationally recognized human rights will be denied the privilege of being able to come to America, to get a visa and we will deny them the opportunity to use our banking system.

Why is that important? Because we found those corrupt officials want to keep their properties outside of their host country. They want to visit America. They want to use our banking system. They want their corrupt ways to be in dollars, not in rubles. Denying them that opportunity is an effective remedy for making sure they can’t profit from all of their corruption.

That legislation was limited to Russia not by our design. The Senate Foreign Relations Committee and the Senate Finance Committee approved the Sergei Magnitsky Rule of Law Accountability Act as a global act applying beyond Russia.

Sergei Magnitsky was a young lawyer who discovered corruption in Russia. He did what he should have done— told the authorities about it. As a result, he was arrested, tortured, and killed because he did the right thing. We took action to make sure those responsible could not benefit from that corruption. That was the Sergei Magnitsky bill. We felt, though, it should be a tool available universally. We had to compromise on that, and it was limited to Russia.

It is time to change that. Along with Senator MCCAIN, I have introduced the Global Human Rights Accountability Act, S. 1933. It has several bipartisan sponsors. It would apply globally. So, yes, it would apply to Ukraine. It would have congressional sanctions to the use of tools for denying visa applications and our banking privileges to those who are responsible for these atrocities. I believe our colleagues understand how important that is for us to do.

It is interesting that today the State Department issued its Human Rights Practices for 2013. This is a required report that we request. It gives the status of human rights records throughout the world, talking about problems.

I am sure my colleagues recognize that human rights problems are not limited to solely Russia or Ukraine, from Bahrain to China, to Bangladesh, from Belarus to Ethiopia, to Venezuela, from the Sudan to South Sudan, Syria, the list goes on and on and on.

The report lists all of the gross violations of human rights that have occurred. Unfortunately, this list is too long. I can name another dozen countries that are spelled out in this report. Human rights are universal, and it is our responsibility to act and show international leadership.

It takes time to pass good laws, as it should, which is why we must act with urgency now. The measures contemplated in my legislation have great corrective power, but they are strongest when deployed in a timely manner, preferably before the outbreak of violence.

The year 2013 was a particularly challenging year for human rights and we cannot afford to be silent. The Global Human Rights Accountability Act serves as an encouragement for champions of democracy, promoters of civil rights, and advocates of free speech across the globe.

As the great human rights defender Nelson Mandela once said: ‘‘There are times when a leader must move ahead of the flock, go off in a new direction, confident that he is leading his people the right way.’’

In this great body, the Senate, we have a responsibility to lead the way in accountability for human rights. We have done that in the past. We have shown through our own example and we have shown through our interest in all corners of the world that this country will stand for the protection of basic human rights for all the people. We now have a chance to act by the passage of the global Magnitsky law. I hope my colleagues will join me in helping enact this new chapter and the next chapter in America’s commitment to international human rights.

I suggest the absence of a quorum.

Relevant countries: 
  • Related content
  • Related content
Filter Topics Open Close
  • Human Rights Violations in Russian-Occupied Crimea

    The briefing reviewed the current condition of life in Crimea under Russian rule. Panelists highlighted the illegal nature of Russian rule over the peninsula and described the human rights abuses commited by the new authorities. Several of the panelists described the propaganda campaign and censorship that the Russian government has been carrying out to tighten its grip on the peninsula. Participants also outlined possible responses by the international community -- particularly sanctions -- to address the situation in Crimea.

  • Helsinki Commission Briefing to Probe Human Rights Violations in Occupied Crimea

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

  • Russian Violations of the Rule of Law: How Should the U.S. Respond? 3 Case Studies

    This hearing, held on October 20, 2015, discussed Russia's compliance with the rule of law across the three dimensions of the OSCE: military security, commercial, and human rights committments.  The witnesses focused their testimonies on three particularly relevant case studies: arms control agreements, the Yukos litigation, and instances of abduction, unjust imprisonment and abuse of prisoners.

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

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

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

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

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

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

  • Central Asia Becomes New Target for ISIS Recruiters

    Thousands of fighters have fled their home countries to join the Islamic State group in Iraq and Syria, including the chief of the counter-terrorism program in a Central Asian country. Col. Gulmurod Khalimov, who was highly trained by the U.S., left his post in Tajikistan, posting a video online last week as proof. While perhaps the most notable example, Khalimov is only one of an estimated 4,000 people who have left nations in central Asia to join ISIS, according to the International Crisis Group. “What does this say about the current effort to stop terror-minded men and women from volunteering and traveling to the Middle East?” Rep. Chris Smith, R-N.J., asked at a hearing about the recruitment of foreign fighters from Central Asia. The hearing took place on the anniversary of ISIS’ capture of Mosul, Iraq. “Clearly, our government – working with others …  must take stronger action to combat radicalization beyond our borders.” In a step toward this goal, the Commission on Security and Cooperation in Europe, of which Smith is a co-chairman, held a hearing to discuss recruitment of foreign fighters from Central Asia countries. The commission, also known as the Helsinki Commission, focused on the five countries in the region: Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan.

  • Putin Opponent Near Death in Suspected Poisoning

    An outspoken opponent of Russian President Vladimir Putin was near death Friday from an apparent poisoning just three months after his close political ally was gunned down near the Kremlin, and supporters want him evacuated to Europe or Israel to determine what sickened him. Vladimir Kara-Murza Jr., who has long been based in Washington, was in a hotel in Moscow when he suddenly lost consciousness May 26 and was hospitalized with what his wife called "symptoms of poisoning." The 33-year-old is a coordinator for Open Russia, a nongovernmental organization which on the previous day released a documentary film accusing close Putin crony and Chechen strongman Ramzan Kadyrov of human rights abuses including torture and murder. "I am deeply concerned about the mysterious illness of Vladimir Kara-Murza, especially given the recent murder of Boris Nemtsov and the number of Putin's opponents who have been poisoned," [Helsinki Commission Chair] Rep. Chris Smith, R-N.J., said in a statement.

  • Chairman Smith Deeply Concerned about Illness of Vladimir Kara-Murza

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

  • Ukraine Elections—Legitimate and Heroic

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

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

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

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

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

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

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

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

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

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

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

  • Helsinki Commission Urges End to Ongoing Bloodshed In Ukraine

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

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

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

  • Chairman Smith and Rep. McGovern Introduce “Global Magnitsky Human Rights Accountability Act”

    WASHINGTON—Rep. Chris Smith (NJ-04), Chairman of the Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, and Rep. Jim McGovern (MA-02), today introduced the “Global Magnitsky Human Rights Accountability Act” (H.R. 624). The bill prohibits foreign human rights offenders and corrupt officials operating anywhere in the world from entering into the United States and blocks their U.S. assets. It effectively globalizes and strengthens the “Sergei Magnitsky Rule of Law Accountability Act of 2012,” which was directed at individuals and entities from Russia. “The ‘Global Magnitsky Human Rights Accountability Act’ is a game-changer, and demonstrates America’s commitment to protecting human rights worldwide,” said Chairman Smith. “We are sending a message to the world’s worst human rights violators:  we will shine a spotlight on your crimes. We will deny your visas. We will freeze your assets. No matter who you are or how much money you have, you won’t be enjoying the fruits of your misdeeds by visiting the United States or taking advantage of our financial institutions.” “We have made important progress in the last few years,” Rep. McGovern said.  “But since the introduction of the original Magnitsky Act, human rights defenders and anti-corruption activists worldwide have urged us to pass a law that covers similar violations in countries other than Russia.  Through the Global Magnitsky Act, we can better standardize our approach to human rights violators and provide clear guidance to the executive branch on how we expect these perpetrators to be held accountable.” “Conscripting child soldiers, kidnapping political opponents, and brutalizing people based on their religion are horrifying acts for which people must be held accountable – and this bill will do it,” said Chairman Smith. “The earlier Magnitsky Act enjoyed overwhelmingly bipartisan support in both the House and the Senate. I expect the Global Magnitsky Act to move forward with the same level of commitment in both chambers, and on both sides of the aisle.” Earlier this week, Senators Ben Cardin (MD) and John McCain (AZ) introduced similar legislation in the Senate, which also applies worldwide and employs visa bans and property freezes. Unique aspects of the House bill include the requirement that the President impose sanctions if he or she determines that a foreign person has committed gross human rights offenses. The bill also permits the President to sanction perpetrators regardless of whether the victims were exercising or defending basic human rights; requires that the annual Global Magnitsky List be released each year on Human Rights Day; and directs the Comptroller General to assess and report on implementation. Both the “Global Magnitsky Human Rights Accountability Act” and the earlier “Sergei Magnitsky Rule of Law Accountability Act of 2012” were inspired by Russian lawyer Sergei Magnitsky, who was arrested and imprisoned by the Russian government following his investigation into fraud involving Russian officials. He was beaten to death by prison guards in 2009 after being held in torturous conditions for 11 months without trial. Summary: The “Global Magnitsky Human Rights Accountability Act” This act requires the President to publish and update a list of foreign persons or entities that the President determines are responsible, and who the President has sanctioned, for gross violations of internationally recognized human rights – including extrajudicial killings, torture, enforced disappearances, and prolonged, arbitrary detention – or significant corruption. Known as the Global Magnitsky List, the list will be due annually on December 10 (Human Rights Day). Although the bill directs the President to prioritize cases where the victims were seeking to exercise or defend internationally recognized human and rights and freedoms, like freedom of religious, assembly, and expression, or expose illegal government activity, the President can act regardless of the victim. Sanctions on these individuals and entities will include: Prohibiting or revoking U.S. visas or other entry documentation for foreign individuals. Freezing and prohibiting U.S. property transactions of a foreign individual or entity if such property and property interests are in the United States; come within the United States; or are in, or come within, the control of a U.S. person or entity. This act also requires the Comptroller General of the United States to assess the implementation of the law and report to Congress, so that Congress can ensure it is being executed fully.

  • U.S. Helsinki Commission Chair Slams Verdicts in Navalny Trial

    WASHINGTON—Following Tuesday’s guilty verdicts and subsequent sentencing of Alexei and Oleg Navalny in Moscow, U.S. Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe, issued the following statement: “I am deeply troubled by the guilty verdicts handed down in the latest manipulation of Russia’s so-called justice system against brothers Alexei and Oleg Navalny. The decision further demonstrates how the Russian government has warped what should be an independent voice and check on executive power into a tool to retaliate against its political opponents, continuing its ongoing crackdown on civil society in general.   “By punishing those who dare to voice their dissent, the Russian government undermines only itself. The Russian people deserve better than leaders who attempt to strangle their freedoms under the guise of deterring criminal activity.  As I noted in my statement Tuesday regarding the addition of names to the U.S. government’s visa ban and asset freeze lists, accountability and transparency are sadly lacking in President Putin’s Russia. “I remind Russia, as an OSCE participating State, that the Helsinki Final Act establishes principles and commitments including respect for human rights and fundamental freedoms within states which it has pledged to uphold. I urge the government of Russia to uphold its obligations and commitments to respect the freedoms of expression, assembly and of the media.  The Russian people must be allowed the right to voice their opinions openly, without fear of retaliation by their own government.” Alexei and Oleg Navalny were accused by the Russian authorities of fraud, charges which are viewed as politically motivated; Alexei Navalny is Russia’s leading anti-corruption crusader and a key member of the political opposition. In 2010, Alexei Navalny appeared at a Helsinki Commission briefing on fraud schemes in the Russian market.

  • U.S. Helsinki Commission Chair Welcomes Additions to Magnitsky List

    WASHINGTON—Following Monday’s addition of four Russian individuals to the Magnitsky List by the Obama Administration, U.S. Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe, issued the following statement: “I welcome the announcement made by the Obama Administration that it has added four additional individuals to the visa ban and asset freeze lists mandated under the Sergei Magnitsky Rule of Law Accountability Act.  I applaud the work of the U.S. Departments of State and Treasury to continue to focus attention on Russian government officials implicated in the death of Sergei Magnitsky and to demonstrate America's willingness to penalize human right violators when their own country refuses to act. "These sanctions are not sanctions against Russia, but against individuals who have committed serious human rights violations against Russians. The American people will continue to support Russians like Sergei Magnitsky who speak out about injustice and seek redress. “While I am pleased that additional names have been added to the Magnitsky List, there remain a significant number of Russians – both government officials and private individuals – against whom evidence exists of their involvement in the conspiracy and cover-up of Magnitsky’s death in 2009, but who have yet to be added to the visa ban and asset freeze lists.  I strongly encourage the Administration to continue its examination of the information available with regard to these individuals and add them to the List. The Sergei Magnitsky Rule of Law Accountability Act must continue to be used to demonstrate to the world that the voices of those who seek justice and who speak out about human rights violations are heard and valued by the United States of America.”