Supporting the Democratic Aspirations of the People of UkraineWednesday, January 29, 2014
Mr. Speaker, the people of Kyiv and so many cities and towns throughout Ukraine are right now struggling, praying, and risking--some of them really risking their lives on the Maidan for justice and human dignity. The government's violent crackdown has led to the deaths of at least four protestors, and countless beatings, arrests, detentions, kidnappings or harassment of activists, journalists, medics and lawyers. I want to join many of my colleagues in calling on the Ukrainian government to stop, now, these attacks on human life and the basic human rights of free expression, assembly and association--and immediately to release those detained for peaceful actions and account for missing persons. Mr. Speaker, I believe that we should urge Ukrainians to find a peaceful, political settlement of the crisis through meaningful negotiations between the government and the opposition in order to get Ukraine back on the road to democracy. As to association with Europe, it is not our government's place to say what the Ukrainian government or people should do either way on this point, above all since we don't know what arrangements are on offer. But we do stand up for the right of the Ukrainian people to determine this according to their own constitution and laws, free from coercive pressures by any foreign government. While the current Ukrainian government has committed grave injustices in the course of this crisis, I am encouraged by signs that it is taking steps to resolve the crisis, including the revocation of the onerous January 16 anti-protest laws and the resignation of the government. The people of Ukraine have endured tremendous suffering over the course of the last century including two world wars and 70 years of Soviet brutality, most starkly illustrated by Stalin's genocidal famine which resulted in the deaths of millions. With independence came new-found freedoms, but these have been challenged by corruption of grotesque proportions. The long-suffering Ukrainian people deserve better--they deserve to be treated with dignity and respect. Given the heroic strength and character and democratic maturity the Ukrainian people are showing in this crisis, I am confident that they will not be denied a more democratic future.
Kyiv Ministerial Held Amid ProtestsFriday, January 24, 2014
On December 5 and 6, 2013, Kyiv hosted the 20th meeting of the Ministerial Council of the Organization for Security and Cooperation in Europe while hundreds of thousands of protestors occupied Maidan Nezalezhnosti, Kyiv’s central square. Although as 2013 OSCE Chair-in-Office, Ukraine had successfully shepherded a package of decisions to adoption in Kyiv, the meeting was dominated by demonstrations taking place throughout the country triggered on November 21 by the Ukrainian government’s suspension of preparations to sign integration agreements with the EU. Assistant Secretary of State for European and Eurasian Affairs Victoria Nuland represented the United States. She began the Ministerial by meeting with civil society activists, which she described as her “most important event” in Kyiv. In her opening statement at the Ministerial, she highlighted three “worrying trends” in OSCE participating States: the persecution of journalists, the rising intolerance of minorities, and “democratic backsliding” into restrictive laws and practices that violate civil liberties.
The 80th Anniversary of the Ukrainian FamineTuesday, November 19, 2013
Madam President, this year we commemorate the 80th anniversary of the Holodomor, the genocidal Ukrainian Famine of 1932-1933. Eighty years ago, an engineered famine in Soviet-dominated Ukraine and bordering ethnically-Ukrainian territory resulted in the horrific deaths of millions of innocent men, women, and children. I visited the Holodomor monument in central Kyiv, a poignant reminder of the suffering perpetrated by Soviet dictator Stalin's deliberate and inhumane policy to suppress the Ukrainian people and destroy their human, cultural, and political rights. Requisition brigades, acting on Stalin's orders to fulfill impossibly high grain quotas, took away the last scraps of food from starving families and children. Eyewitness accounts describing the despair of the starving are almost unfathomable. Millions of rural Ukrainians slowly starved--an excruciatingly painful form of death--amid some of the world's most fertile farmland, while stockpiles of expropriated grain rotted by the ton, often nearby. Meanwhile, Ukraine's borders were sealed to prevent the starving from leaving to less-affected areas. International offers of help were rejected, with Stalin's henchmen denying a famine was taking place. At the same time, Soviet grain was being exported to the West. The final report of the congressionally created Commission on the Ukraine Famine concluded in 1988 that "Joseph Stalin and those around him committed genocide against Ukrainians in 1932-33.'' No less than Rafael Lemkin, the Polish-Jewish-American lawyer who coined the term "genocide'' and was instrumental in the adoption of the 1948 U.N. Genocide Convention, described the "destruction of the Ukrainian nation'' as the "classic example of Soviet genocide.'' We must never forget the victims of the Holodomor or those of other republics in the Soviet Union, notably Kazakhstan, that witnessed cruel, mass starvation as a result of Stalin's barbarism, and we must redouble our efforts to protect human rights and democracy, ensuring that 20th-century genocides such as the Holocaust, Armenians in the Ottoman Empire, Ukraine, Bosnia, Cambodia, and Rwanda become impossible to imagine in the future.
Europeans of African Descent ‘Black Europeans’: Race, Rights and PoliticsTuesday, November 19, 2013
Racist acts targeting Black cabinet-level officials in Italy and France have put a spotlight on the experiences of the 7-10 million people of African Descent in Europe / Black Europeans. A visible minority in Europe often unacknowledged despite a centuries’ long presence in Europe, Black Europeans have increasingly become the targets of discrimination, pernicious racial profiling, and violent hate crimes impacting equal access to housing, employment, education, and justice. Europe today grapples with the complex intersection of national identity, decreasing birth rates, increasing immigration, security concerns, and a rise in extremist political parties and vigilantism. In this context, the experiences of Black Europeans increasingly serve as a measure of the strength of European democracies and commitments to human rights. The briefing discussed the work of Black European rights organizations and the efforts of the international community to address issues of inequality, discrimination, and inclusion for Black Europeans, in addition to discussing similarities and work with African-American civil rights organizations.
The OSCE 2013 Human Dimension Implementation MeetingThursday, October 31, 2013
By Helsinki Commission Staff Overview From September 23 to October 4, 2013, the OSCE participating States met in Warsaw, Poland, for the annual Human Dimension Implementation Meeting (HDIM). The meeting was organized by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) according to an agenda approved by consensus of all 57 participating States. The HDIM is Europe’s largest annual human rights gathering and provides a venue for participating States and non-governmental organizations (NGOs) to review the implementation of the full range of core human rights and fundamental freedoms (e.g., freedoms of speech, assembly and association; prevention of torture; right to a fair trial), as well as rule of law, free elections and democracy-building issues. National minorities, Roma, tolerance and non-discrimination are also on the agenda. In accordance with OSCE procedures, the agenda included three specially selected topics, each of which was given a full day of review. In 2013, those subjects were: 1) freedom of religion or belief, 2) freedom of assembly and association, and 3) democratic elections and election observation -- sharing best practices. U.S. Delegation The U.S. Delegation was headed by Ambassador Robert Bradtke. Newly confirmed U.S. Head of the U.S. Mission to the OSCE Ambassador Daniel Baer also participated. (During the HDIM, meetings of the OSCE Permanent Council in Vienna are suspended to facilitate participation by members of permanent missions to the OSCE in the Warsaw meeting.) Other members of the U.S. Delegation included Deputy Assistant Secretary of State for Democracy, Human Rights and Labor Thomas O. Melia, Special Envoy for Combating Anti-Semitism Ira Forman, and Co-Chair of the U.S. Commission on International Religious Freedom Katrina Lantos Swett. Helsinki Commission Chief of Staff Fred L. Turner and other Commission staff participated in all aspects of the delegation’s work. Gavin Weise from the International Foundation for Electoral Systems served as a public member on the issue of democratic elections and election observation. Public Members have traditionally been included in U.S. delegations to OSCE human dimension meetings as a means of bringing special expertise to the delegation’s work and to promote greater knowledge of the OSCE process in civil society. This Year’s Meeting As the meeting opened, the high-profile case of imprisoned former Prime Minister Yulia Tymoshenko remained unresolved, casting a pall on Ukraine’s OSCE Chairmanship. GOLOS, a Russian NGO that reports on the integrity of elections in Russia, remained suspended in a wave of increased repression; Russian representatives protested against GOLOS participation at the HDIM. Former political prisoner and RFE/RL correspondent Dovletmyrat Yazkuliyev was not allowed to leave Turkmenistan to participate in the HDIM. Kazakhstani businessman Mukhtar Ablyazov and several of his former colleagues were held in various countries on the request of the government of Kazakhstan – while his wife and daughter were illegally deported from Italy to Kazakhstan. The U.S. statements from the HDIM, raising these and many other specific cases of concern, are available on the website of the U.S. mission to the OSCE (osce.usmission.gov). During the meeting, the United States held bilateral meetings with other OSCE participating States and extensive consultations with civil society. In addition, the United States organized a side event focused on one of this year's special topics, freedom of association and assembly, with a panel of activists from the Civil Society Platform: Yevgeniy Zhovtis, International Bureau for Human Rights and Rule of Law (Kazakhstan), Valeria Rybok from the Center for Civil Liberties (Ukraine), Dmitri Makarov from the International Youth Human Rights Initiative (Russia), Aleh Hulak, Belarusian Helsinki Commission, and Rasul Jafarov from the Human Rights Club (Azerbaijan). Speakers described many negative trends across Eurasian and Central Asian states, including onerous registration requirements for civil society organizations, restrictions on peaceful demonstrations, and prosecutions of protestors. The panel and other attendees also emphasized the importance of a network through which regional civil society organizations could share experiences and effective activities. Other side events were organized by ODIHR, participating States, and NGOs including Freedom House, Amnesty International, Human Rights First, the Open Society Foundations, and the German Marshall Fund. As at past HDIM meetings, some concerns were raised about the United States, including at side events focused on the abolition of the death penalty and on human rights and counterterrorism (which touched on Guantánamo, drones, and surveillance/privacy issues). Switzerland held a side event during the HDIM to preview its goals for its 2014 tandem chairmanship (with Serbia taking the lead in 2015). Switzerland indicated that its two over-arching human dimension priorities will be to enhance the involvement of civil society and to strengthen the implementation of human dimension commitments. During what promises to be an active and ambitious chairmanship, Switzerland plans to hold four regional workshops with civil society in Southeast Europe, the Southern Caucasus, Central Asia, and Western Europe. During the regular working sessions, several concerns were raised repeatedly, including violence against journalists, harassment of NGOs and restrictive NGO registration laws, and government actions against religious groups portrayed by some governments as non-traditional. Russia received significant criticism over its Foreign Agents law. (There also were a number of apparently Russian-sponsored “NGOs” which criticized the United States, supported independence for South Ossetia and Abkhazia, and hewed to anti-Baltic state themes.) Problems in Central Asia received considerable attention, including the disappearance of some prisoners in Turkmenistan and the cases of Vladimir Kozlov and Mukhtar Ablyazov in Kazakhstan. During the HDIM, the NGO Crude Accountability and the Civic Solidarity Platform launched a project called “Prove that They are Alive.” Designed to follow up on the 2003 invocation of the OSCE Moscow Mechanism with Turkmenistan, the initiative is intended to compel the government of Turkmenistan to inform the families of those imprisoned in connection with an alleged coup attempt in 2002 whether their loved ones are still alive. As at previous HDIMs, the allocation of time during the meeting was highly problematic. Of the topics restricted to three-hour sessions, the subject of tolerance and non-discrimination was the most oversubscribed. This session included discussion of the implementation of existing OSCE hate crimes commitments; combating anti-Semitism, intolerance against Muslims and other religious groups; racism and xenophobia; and anti-LGBT bigotry manifested through, in particular, “gay propaganda” laws. In such oversubscribed sessions, speaking time was strictly curtailed to accommodate the dozens desiring the floor, while other sessions ended early with time unused. Notably, Thailand, an OSCE Partner for Cooperation, actively participated in this year’s HDIM, perhaps in order to bolster its application to become a full OSCE participating State.
Age of DeliriumTuesday, July 02, 2013
Paul Carter, State Department Adviser at the Commission, and Kyle Parker facilitated a discussion with David Satter, the author and producer of Age of Delirium. They addressed the relevance of these personal testimonies in understanding post-communist Russia. They spoke of the “moral decay of the society” under communist rule and the detrimental effects of ideological thinking, which continues to affect post-communist, as well as Western, societies. Age of Delirium, produced by Russian scholar and former Moscow correspondent David Satter, chronicles the fall of the Soviet Union through the personal stories of those who lived this momentous transformation. The film is based on Satter's book, Age of Delirium: the Decline and Fall of the Soviet Union acclaimed by the Virginia Quarterly Review as, "the finest or one of the finest psychological portraits of Russia in the 1970s and 1980s.” Delirium received the prestigious 2013 Van Gogh Grand Jury Award at the Amsterdam Film Festival and has been screened in Russia, the United Kingdom, Germany, Canada, and New Zealand.
THE OSCE OFFICE FOR DEMOCRATIC INSTITUTIONS AND HUMAN RIGHTS: ACCOMPLISHMENTS AND CHALLENGESTuesday, May 21, 2013
Ambassador Janez Lenarcic testified in in front of the Commission on the human rights dimension of OSCE member countries. The hearing focused on the member countries that have not met OSCE agreed standards on defense of human rights. The discussion focused on the OSCE’s plan to establish guidelines for member countries to uphold and defend human rights. The witness and commissioners highlighted recent situations in Russia in regards to respect of human rights amidst an election. In addition, the discussion focused on the role of the United States in providing leadership on the issue.
Ukraine's Leadership of the OSCEWednesday, May 08, 2013
This hearing focused on the Ukrainian leadership of the OSCE and OSCE priorities within Ukraine. Minister of Foreign Affairs of Ukraine Leonid Kozhara spoke about Ukraine’s progress on economic reforms and anti-corruption efforts and Ukraine’s policy goals for their time in office, particularly on human trafficking. Chairman Cardin and Minister Kozhara also discussed Yulia Tymoshenko’s imprisonment.
U.S. Helsinki Commission to Hold Hearing on OSCE with Ukraine's Foreign MinisterWednesday, May 01, 2013
The Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) today announced the following hearing: Ukraine’s Leadership of the OSCE Wednesday, May 8, 2013 2:00 pm Dirksen Senate Office Building, Room 562 Scheduled to testify: His Excellency Leonid Kozhara, Minister for Foreign Affairs of Ukraine and Chair-in-Office of the OSCE Ukraine’s Foreign Minister, Leonid Kozhara, will testify before the U.S. Helsinki Commission in his capacity as Chairman-in-Office of the Organization for Security and Cooperation in Europe (OSCE). The hearing takes place one-third of the way through Ukraine’s 2013 chairmanship of the 57-country OSCE, an organization based in Vienna Austria, and best known for its work in promoting democracy, human rights and the rule of law. Minister Kozhara is expected to discuss the Chairmanship’s priorities and provide insights regarding the ongoing work of the OSCE. Ukraine’s Chairmanship faces formidable tasks in leading an organization that operates on the basis of consensus and includes countries ranging from democracies to dictatorships. The Ukrainian Chairmanship’s priorities include finding new ways to address protracted regional conflicts, energy security, and human dimension issues such as human trafficking, media freedom, tolerance, democratic elections and efforts to improve implementation of commitments regarding fundamental human rights and freedoms.
Political Imprisonment in UkraineTuesday, April 09, 2013
Madam President. I would like to address the current situation in Ukraine, an important country in the heart of Europe, a bellwether for democratic development in the region, and the current Chairman-in-Office of the OSCE. Let me first welcome the release from prison Sunday of former Ukrainian Minister of Internal Affairs and leading opposition figure Yuri Lutsenko. Mr. Lutsenko had been convicted on politically motivated charges and incarcerated since December 2010. President Yanukovych's pardon of Mr. Lutsenko is an encouraging step in the right direction. I also welcome the pardon of former Environment Minister Heorhiy Filipchuk, who also served as a member of Ms. Tymoshenko's Cabinet and had been released last year after his sentence was suspended. By pardoning Mr. Lutsenko and Mr. Filipchuk, President Yanukovych is indicating not only a willingness to resolve what has been a major irritant in Ukraine's relations with the United States and the EU, but also a stain on Ukraine's democratic credentials. At the same time, I remain deeply concerned about the politically motivated imprisonment of Ukrainian opposition figure and former Prime Minister Yulia Tymoshenko, who has been incarcerated since August 2011. Mrs. Tymoshenko's case stands out as a significant illustration of Ukraine's backsliding with respect to human rights, democracy, and the rule of law since she was defeated by President Yanukovych in February 2010. The United States, EU, and Canada have repeatedly expressed concerns about the application of selective justice against political opponents, their flawed trials, conditions of detention, and the denial of their ability to participate in last October's parliamentary elections. As Chairman of the Helsinki Commission, which has long been committed to Ukraine's independence and democratic development, I am especially mindful of Ukraine's 2013 OSCE chairmanship. Like any Chair-in-Office, Ukraine faces formidable tasks in leading a multilateral organization that operates on the basis of consensus, which includes 57 countries ranging from mature democracies to oppressive dictatorships. The United States wants Ukraine to succeed, but the reality is that the politically motivated imprisonment of Ms. Tymoshenko casts a cloud over its chairmanship. A Chair-in-Office must itself have strong democratic credentials if it is to succeed in encouraging reform in other countries. Furthermore, democratic regression in Ukraine has harmed U.S.-Ukrainian bilateral relations, preventing a traditionally strong partnership from realizing its full potential. It has also slowed down the process of Ukraine's drawing closer to the EU, which is that country's stated foreign policy priority, manifested in the still-delayed signing of the EU-Ukraine Association Agreement. More than half a year has gone by since the unanimous adoption of S. Res. 466, calling for the release of Yulia Tymoshenko. The Ukrainian authorities now need to follow up on the important step they have taken in freeing Yuri Lutsenko. They need to free Ms. Tymoshenko and restore her civil and political rights. By demonstrating commitment to the rule of law and human rights principles embodied by the OSCE, Ukraine will strengthen the credibility of its chairmanship and show it is serious about being a full-fledged member of the democratic community of nations. I strongly urge the Ukrainian government to resolve the case of Ms. Tymoshenko.
Helsinki Commission Welcomes Unveiling of Berlin Memorial for Romani Genocide VictimsWednesday, November 21, 2012
On October 24, more than 600 people in Berlin attended the unveiling of the Memorial for the Sinti¹ and Roma of Europe Murdered under National Socialism. Leaders of the Helsinki Commission, who had underscored the importance of the monument, welcomed the event. Rep. Chris Smith (NJ-04), Chairman of the U.S. Helsinki Commission, observed that the memorial “marks an important step in acknowledging and teaching about the fate of Roma at the hands of the Nazi regime and the Axis powers: persecution, confiscation of property, forced sterilization, slave labor, inhumane medical experimentation, and ultimately genocide.” Proposals to erect a memorial to the Romani victims of genocide emerged in the early 1990s after the unification of the Federal Republic of Germany and German Democratic Republic and at a time when German acknowledgement and remembrance took on additional dimensions. Those efforts, however, bogged down over questions regarding the location of the proposed memorial and the content of inscriptions. (Concerns raised by the artist over materials and weather-related construction complications also contributed to interruptions.) German government officials also suggested some delays were caused by differing views among Romani groups, particularly regarding the inscriptions; some critics of the delays suggested there was an insufficient sense of ownership and political will on the part of the government. Senator Ben Cardin (MD), Co-Chairman of the Commission, noted the singular role of Romani Rose, Chairman of the Central Council of German Sinti and Roma, and “his tireless work to ensure that Romani victims of genocide are remembered and honored.” Rose, who lost his grandparents at Auschwitz and Ravensbrueck, was a driving force to see the memorial completed. Cardin added, “I am deeply heartened that efforts to build this memorial, underway for over a decade, have finally been realized.” German government officials at the most senior level attended the unveiling of the genocide memorial, including Chancellor Angela Merkel, President Joachim Gauck, Bundestag President Norbert Lammert, Bundesrat President Horst Seehofer, and Berlin Mayor Klaus Wowereit. Former President Richard von Weizsacker, in spite of advanced years and frail health, was also present. Federal Minister of Culture Bernd Neumann described the memorial “a pillar of German remembrance.” U.S. Ambassador to Germany Patrick Murphy and Special Envoy for Holocaust Issues Douglas Davidson represented the United States. Dr. Ethel Brooks, who has served as a public member with the U.S. Delegation to the 2011 and 2012 OSCE Human Dimension Implementation Meetings, also attended the ceremony. The memorial, designed by Israeli artist Dani Karavan, was widely hailed as a deeply moving testimony to the genocide of Romani people. Dutch Sinto survivor Zoni Weiss addressed the hundreds of people who attended the event. As a 7-year-old, Weiss narrowly avoided being placed on the Westerbork transport from the Netherlands due to the intervention of platform policeman, but watched as his immediate family was sent to Auschwitz where they perished. The unveiling ceremony was also accompanied by a week of events in Berlin focused on Romani history, culture and contemporary issues. Gert Weisskirchen, former German Member of the Budestag and former OSCE Personal Representative on Anti-Semitism, organized a round-table focused on contemporary challenges faced by Roma. In her remarks at the event, Chancellor Merkel also acknowledged the on-going struggle for human rights faced by Roma throughout Europe, saying bluntly, “let’s not beat around the bush. Sinti and Roma suffer today from discrimination and exclusion.” Romani Rose warned more pointedly, “In Germany and in Europe, there is a new and increasingly violent racism against Sinti and Roma. This racism is supported not just by far-right parties and groups; it finds more and more backing in the middle of society.” Background The Nazis targeted Roma for extermination. Persecution began in the 1920s, and included race-based denial of the right to vote, selection for forced sterilization, loss of citizenship on the basis of race, and incarceration in work or concentration camps. The most notorious sites where Roma were murdered include Auschwitz in Nazi-occupied Poland, the Jasenovac camp in the so-called Independent State of Croatia, Romanian-occupied Transnistria, and Babi-Yar in Nazi-occupied Ukraine. In other parts of German occupied or German-allied territory, Roma were frequently killed by special SS squads or even regular army units or police, often left in mass graves. Many scholars estimate that 500,000 Roma were killed during is World War II, although scholarship on the genocide of Roma remains in its infancy and many important archives have only become available to a broader community of researchers since the fall of communism. In recent years, for example, Father Patrick Desbois has helped document the location of 800 WWII-mass graves in Ukraine and elsewhere in the former Soviet Union, including 48 mass graves of Roma. German postwar restitution legislation and its implementation effectively excluded almost all Romani survivors. Those most directly responsible for actions against Roma escaped investigation, prosecution and conviction. Several officials responsible for the deportations of Roma before and during the war continued to have responsibility for Romani affairs after the war. In 1979, the West German Federal Parliament acknowledged the Nazi persecution of Roma as being racially motivated. In 1982, Chancellor Helmut Schmidt recognized that the National Socialist persecution of Romani people constituted genocide. The first German trial decision to take legal cognizance that Roma were genocide victims during the Third Reich was handed down in 1991. In 1997, Federal President Roman Herzog opened a Documentation and Cultural Center of German Sinti and Roma, saying “The genocide of the Sinti and Roma was carried out from the same motive of racial hatred, with the same intent and the same desire for planned and final annihilation as that of the Jews. They were systematically murdered in whole families, from the small child to the old man, throughout the sphere of influence of the Nazis.” At the 2007 OSCE Human Dimension Implementation Meeting, Thommas Hammarberg, Council of Europe Commissioner for Human Rights, observed that, “[e]ven after the [ . . . ] Nazi killing of at least half a million Roma, probably 700,000 or more, there was no genuine change of attitude among the majority population towards the Roma.”
Ukraine's Upcoming Elections: A Pivotal MomentThursday, May 17, 2012
This hearing focused on concerns of democratic backsliding in Ukraine under President Viktor Yanukovych. In particular, the witnesses and commissioners discussed their concerns with the October 2010 local elections, the March 2012 mayoral elections. The witnesses, including the representative from several different non-governmental organizations working on democratic development in Ukraine, spoke about the impact of corruption, controls over the media and harassment of NGOs on the electoral process. Evheniya Tymoshenko, the daughter of imprisoned former Prime Minister Yulia Tymoshenko, also spoke about her mother’s case.
More Democratic Setbacks in UkraineTuesday, March 06, 2012
Mr. Speaker, last week, former Ukrainian Interior Minister Yuriy Lutsenko was sentenced to four years imprisonment in yet another politically motivated trial. This comes after the imprisonment--also the result of an unfair trial on specious charges--of his ally, former Prime Minister Yuliya Tymoshenko, who continues to languish in prison in ill health. The sentencing of Mr. Lutsenko is a further confirmation that the regime of President Viktor Yanukovych is not taking its OSCE human rights and democracy obligations seriously. The imprisonment of opposition leaders Tymoshenko and Lutsenko prohibits their participation in October's parliamentary elections, raising serious questions about whether Ukraine will meet OSCE election standards. This could be especially troubling given Ukraine's assumption of the OSCE Chairmanship in January, 2013, two months after these elections. As Chairman of the Helsinki Commission, it is also of concern to me and my colleagues, who have long advocated an independent, democratic, and free Ukraine. Mr. Lutsenko's conviction is disconcerting in that it starkly illustrates the deterioration of human rights, democracy and the rule of law under the presidency of Viktor Yanukovych, who has pressed the pause button on Ukraine's once-promising advance towards democracy--and increasingly it seems he is switching to the reverse button. Instead, what we now see is something increasingly reminiscent of the kind of authoritarianism that exists in Russia, Belarus and elsewhere in the post-Soviet space. Ukraine's democratic backsliding is harming relations with the EU and the United States, and both have repeatedly made clear that for relations to improve, respect for human rights and the democratic process must improve. Most importantly, this now two-year deterioration negatively affects the Ukrainian people, who, following the Orange Revolution, had tasted the fruits of freedom, and are now increasingly experiencing the burden of its undoing. It is time for President Yanukovych to show respect for the dignity of his own people by putting an end to political prosecutions and other reprisals against those who oppose him and allow their full participation in political life. In order to find credibility with both the Ukrainian people and the international community, he must end restrictions on freedom of speech and association and reverse the debilitating corruption and judicial subservience to the executive which has so eroded the rule of law. Mr. Speaker, the time has come for the Ukrainian authorities to stop their slide to authoritarianism and resulting isolation which will only harm Ukrainians who for so long--and at such great cost--have struggled for freedom, dignity and justice.
Healing the Wounds of Conflict and Disaster: Clarifying the Fate of Missing Persons in the OSCE AreaTuesday, February 28, 2012
The hearing examined efforts by governments and their partners in clarifying the fate of persons missing within a number of OSCE participating States and partner countries, especially in the western Balkans and northern Caucasus. The hearing also appraised the adequacy of assistance to governments and other entities engaged in locating missing persons, the obstacles that impede progress in some areas, as well as how rule of law mechanisms help governments fulfill their obligations to the affected families and society in clarifying the fate of missing persons. Currently, over a million persons are reported missing from wars and violations of human rights. In addition, there are thousands of reported cases a year of persons missing from trafficking, drug-related violence, and other causes. Locating and identifying persons missing as a result of conflicts, trafficking in humans and human rights violations and other causes remains a global challenge, with significant impact within the OSCE area.
Dispatches From Moscow: Luke Harding’s Chilling Tale of KGB HarassmentWednesday, February 22, 2012
This briefing, moderated by Kyle Parker, Policy Advisor at the Commission on Security and Cooperation in Europe, addressed issues of human rights abuses in Russia in the context of the then imminent elections and widespread protests. The witness – Luke Harding, a journalist with the Guardian – remarked on Russia’s human rights abuses which blatantly ignore their commitments to the Helsinki Accords, citing anecdotal evidence. Harding, who had been the only Guardian correspondent to have actually reported from Russia since the 1917 Bolshevik Revolution, had suffered more at the hands of the FSB than any other Western correspondent, due to the fact that, during his four year tenure in Moscow, he comprehensively and repetitively busted Russia’s taboos that make it the security state it is today.
Moldova: The Growing Pains of DemocracyTuesday, January 31, 2012
In this briefing, which Commission Staffer Kyle Parker chaired, the focus was on the progress on the implementation of democratic institutions in the former Soviet Republic of Moldova. The briefing took place on the heels of the December elections in the region of Transnistria and what such elections may have portended for the future in terms of normalization of the conflict in the region that had existed for twenty years at the time of the briefing. To be sure, at the time that the briefing was held, Moldova still had a lot of progress to make regarding human rights commitments, particularly as far as corruption and human trafficking were concerned, two intertwined issues that had been of particular interest to the Commission. However, as far as human rights commitments are concerned, Moldova has led the countries of the commonwealth of independent states.
The OSCE 2011 Human Dimension Implementation MeetingMonday, December 26, 2011
By Erika B. Schlager, Counsel for International Law Overview From September 26 to October 7, 2011, the OSCE participating States met in Warsaw, Poland, for the annual Human Dimension Implementation Meeting (HDIM). The meeting was organized by the OSCE Office for Democratic Institutions and Human Rights, according to an agenda approved by consensus of all 56 participating States. The HDIM is Europe’s largest annual human rights gathering and provides a venue for participating States and non-governmental organizations (NGOs) to review the implementation of the full range of core human rights and fundamental freedoms (e.g., freedoms of speech, assembly and association; prevention of torture; right to a fair trial), as well as rule of law, free elections and democracy-building issues. National minorities, Roma, tolerance and non-discrimination are also on the agenda. In accordance with OSCE procedures, the agenda included three specially selected topics, each of which was given a full day of review. In 2011, those subjects were: 1) “Democratic elections and electoral observation,” 2) “Freedom of movement,” and 3) “Enhancing implementation of OSCE commitments regarding Roma and Sinti.” U.S. Delegation The U.S. Delegation was headed by Ambassador David Johnson. Other members of the delegation included Ambassador Ian Kelly, Head of the U.S. Mission to the OSCE; Ambassador Cynthia Efird, Senior State Department Advisor to the Helsinki Commission; Ambassador Suzan Johnson Cook, Ambassador-at-Large for International Religious Freedom; and Deputy Assistant Secretary of State for the Bureau of Democracy, Human Rights, and Labor Thomas Melia. Helsinki Commission staff participated in all aspects of the delegation’s work. Patrick Merloe, National Democratic Institute, Kathleen Newland, Migration Policy Institute, and Ethel Brooks, Rutgers University, served as Public Members of the delegation, addressing democratic elections, freedom of movement, and the situation of Romani people in the OSCE region respectively. Public Members have traditionally been included in U.S. delegations to OSCE human dimension meetings as a means of bringing special expertise to the U.S. delegations and to promote greater knowledge of the OSCE process in civil society. Highlights of This Year’s Meeting The severe crackdown in Belarus which followed elections last December was a focus of attention throughout the two-week meeting, both in formal sessions and special side events. During the final session, the United States delivered a statement focused on the use of the Moscow Mechanism regarding Belarus -- an OSCE tool used in exceptional circumstances to conduct fact-finding regarding extreme human rights concerns. The mechanism had been invoked in April by 14 participating States and a report was presented to the OSCE Permanent Council by the Mechanism Rapporteur, Professor Emmanuel Decaux, on May 28. NGOs also demonstrated throughout the meeting on behalf of Belarusian political prisoner Alex Bielatskiy. The United States also raised issues which remain unresolved following the 2003 invocation of the Moscow Mechanism regarding Turkmenistan. In particular, Ambassador Johnson drew attention to the continued disappearance of Ambassador Batyr Berdiev, the former representative of Turkmenistan to the OSCE. Although Turkmenistan officials did not to participate in the HDIM, human rights groups concerned with Turkmenistan were present and members of the opposition-in-exile made a statement expressing their willingness to return to Turkmenistan and participate in the February 2012 presidential elections. They also called for the OSCE to conduct a full election observation mission for those elections. In its opening statement, the United States observed that Kazakhstan had failed to fully implement the commitments on domestic reform it had made in 2007 in Madrid upon receiving the Chairmanship for 2010, that leading human rights activist Yevgeniy Zhovtis remained in prison as a result of a trial that lacked due process, that Kazakhstan had adopted measures in a one-party parliament giving the current president continued power and immunity from prosecution for life and had held a poorly-conducted snap presidential election following an attempt to push through a referendum to obviate future elections for the incumbent. Although Kazakhstan protested the U. S. characterization of 2010 as “a year of missed opportunities for reform,” Kazakhstan’s adoption of a new restrictive religion law during the course of the human dimension meeting illustrated the very point the United States was making. In fact, of the topics restricted to three-hour sessions, the subject of religious liberties was the most oversubscribed, with Kazakhstan’s new religion law generating particular criticism. As at previous meetings, the allocation of time during the meeting was highly problematic, with speaking time at some of the sessions limited to only one or two minutes to accommodate dozens desiring the floor, while other sessions ended early with time unused. Other real-time developments during the HDIM also found their way into discussions. Following the outbreak of fighting on September 27 at a Kosovo border crossing with Serbia, Serbian representatives at the meeting engaged in a sharply worded exchange with Albanian officials. (Serbia's engagement at the meeting was of particular note in light of Belgrade's bid to serve as OSCE Chair-in-Office in 2014.) The outbreak of anti-Roma rioting in every major Bulgarian town or city during the HDIM underscored the urgency of addressing the chronic human rights problems affecting Roma as well as the acute and escalating crises. Many participants also raised concern regarding continuing human rights abuses against ethnic Uzbeks in southern Kyrgyzstan in the wake of widespread violence last year and in advance of Kyrgyzstani elections in October. During the formal sessions, NGOs demonstrated on behalf of Kyrgyzstani political prisoner Azhimzhon Askarov. The United States engaged fully in all aspects of the meeting, holding bilateral meetings with other OSCE participating States and extensive consultations with NGOs. The United States also organized two side events. The first focused on on the Hague Convention on the Civil Aspects of International Child Abduction. Professor Louise Teitz from the Hague Permanent Bureau (an intergovernmental organization that administers this and other Hague Conventions), and Corrin Ferber from the Department of State, made presentations, with additional comments provided by Consul General Linda Hoover, U.S. Embassy Warsaw. The second event focused on fundamental freedoms in the digital age. DAS Thomas Melia moderated the discussion, which included comments by the OSCE Representative on Freedom of the Media, Dunja Mijatovic; Agata Waclik-Wejman, policy counsel for Google; and Nataliya Radzina, a Belarusian journalist who faces a lengthy prison sentence in Belarus. Conclusions The Human Dimension Implementation Meeting served as an important forum for the United States to raise issues of concern, both formally and informally, and to hold extensive consultations with governments, OSCE officials, and representatives of civil society. That said, this year's HDIM was somewhat diminished relative to past meetings. First, member states of the European Union appeared divided or preoccupied (or both). As a consequence, on a number of subjects – for example, the session that included migrant workers, refugees, and displaced persons -- there was neither a coordinated European Union statement nor statements by individual EU member states speaking in their national capacity. This voice was missed. Second, the level of participation on the part of governments as well as civil society was reduced. This may be in part due to economic factors. But it may also reflect other factors. Prior to the HDIM, for example, Belarus and Russia dragged out the adoption of an agenda until the last possible moment, making it especially hard for NGOs to plan their participation. In addition, OSCE has, in recent years, scheduled so many human dimension meetings throughout the year that it is difficult for government and non-governmental experts to cover them all. (In addition to the discussion of tolerance and non-discrimination at the HDIM, those issues have been or will be addressed at three different ad hoc meetings, as well as one of the Supplementary Human Dimension Implementation Meetings.) The Lithuanian Chairmanship also scheduled some meetings in Vienna during the HDIM, although the modalities call for all Vienna meetings to be suspended during the HDIM to facilitate participation by the representatives to the OSCE. Similarly, the OSCE Parliamentary Assembly fall meeting overlapped with the final sessions of the HDIM. In fact, the modalities for the OSCE's human dimension activities were a dominant theme during the HDIM's closing session -- presaging the opening of discussions in Vienna on that issue held immediately after the HDIM at the insistence of Belarus. While many governments, including the U.S., believe the way in which the OSCE organizes its human dimension activities could be improved, the discussions themselves risk being held hostage by those countries inimical to the OSCE's human rights work.
Conflicts in the Caucasus: Prospects for ResolutionsWednesday, December 07, 2011
Representative Michael Burgess led this briefing on the conflictual history in the Caucasus. Twenty years after the disappearance of the Soviet Union, the unresolved conflicts in the Caucasus remain one of its most problematic legacies. Despite the Organization for Security and Cooperation in Europe’s (OSCE) long mediation in the dispute over Nagorno-Karabakh, the results have been disappointing. After the 2008 Russia-Georgia war and Moscow’s subsequent recognition of the independence of Abkhazia and South Ossetia, the prospects for settling those conflicts seem more remote than ever. The witnesses examined where these conflicts stood at the end of 2011, what factors impeded a settlement, whether the resumption of armed hostilities was a serious threat, whether changes in the negotiating format could yield a better outcome, and what, if anything, could the United States do to facilitate a resolution.
Combating Anti-Semitism in the OSCE Region: Taking Stock of the Situation TodayFriday, December 02, 2011
By most accounts, and thanks to the work of many courageous nongovernmental organizations (NGOs) the despicable evil of anti-Semitism has decreased in most parts of the OSCE region in recent years – but it still remains at higher levels than in 2000. This is simply unacceptable, and it was the topic discussed in this hearing. Concerns raised included political transitions in the Arab world and how they might affect Muslim-Jewish relations, including in Europe; the importance of engagement with Muslim communities in Europe; and growing nationalist and extremist movements that target religious and ethnic minorities. Additionally the roles of the OSCE, U.S. government, and Congress in addressing continuing issues of anti-Semitism at home and abroad were discussed.
Human Rights Play on Magnitsky MurderWednesday, November 16, 2011
Kyle Parker introduced the briefing, which followed a performance of the play “One Hour Eighteen,” based on the final moments in the life of Russian whistleblower Sergei Magnitsky. After exposing the largest tax fraud in Russian history, Magnitsky was wrongly arrested and tortured in prison. Six months later he became seriously ill and was consistently denied medical attention despite 20 formal requests. On the night of November 16, 2009, he went into critical condition, but instead of being treated in a hospital he was put in an isolation cell, chained to a bed, and beaten by eight prison guards for one hour and eighteen minutes. Sergei Magnitsky was 37 years old and left behind a wife and two children. Those responsible for this crime have yet to be punished and his story has become a global human rights cause and is emblematic of corruption, violence, and impunity in Russia. Parker was joined by Ury Urnov, director of “One Hour Eighteen,” in discussing the play as an emblematic example of the devastating human cost of corruption and the lack of rule of law in Russia. The play juxtaposed the moving and chilling testimony and documents from Magnitsky's diary; a radio interview with his mother; two judges; a prison doctor and paramedic; an investigator; and a young ambulance paramedic.
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.