Protecting Ukrainian Refugees from Human TraffickingThursday, April 07, 2022
More than 4 million refugees have fled Ukraine since Russia’s massive invasion on February 24, in the largest migration of people in Europe since the Second World War. Given Ukraine’s exit restrictions on males from 18-60, the vast majority of those are women and children. Most cross the Ukrainian border without resources or a place to go, making them extremely vulnerable to human trafficking. Reports indicate that traffickers already are trolling border areas trying to lure refugees with promises of accommodation, onward transportation, or employment. Ukrainian orphans and unaccompanied minors are particularly susceptible to such predators, and they need not only to be safely evacuated from Ukraine, but also securely tracked and transferred into national child protection systems so they do not fall prey to human traffickers or otherwise disappear. To address these concerns, the Helsinki Commission held a hearing on April 7, 2022, featuring experts on human trafficking and practitioners working directly with Ukrainian refugees. Witnesses testified on efforts by frontline states, the international community, NGOs, and the OSCE Office for Democratic Institutions and Human Rights (ODIHR) to prevent refugees from becoming victims of human traffickers by raising awareness, vetting those working with refugees and those providing housing and employment, and countering online solicitation. They also discussed the need to safely transport vulnerable populations, particularly children, safely out of warzones and properly register them to ensure that they do not go missing or become trafficking victims. Helsinki Commission Chairman Sen. Ben Cardin (MD) commended the recent efforts of European countries to support refugees fleeing Ukraine. He stressed the need for governments and NGOs to coordinate in ensuring the care and safety of child refugees to avoid a crisis of missing children similar to the one that occurred in Europe in 2015. He said, “Not only do we need to ensure that children are safe and taken care of, but we must be able to reunite them with family after the war if possible.” Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) expressed his alarm over the humanitarian crisis occurring in Ukraine and condemned Russian dictator Vladimir Putin’s disregard for human life and spirit. “This flow of refugees caused by Putin’s war will cause us and require us to oversee as closely as possible the welfare of the women and children [to protect them from] people who have about the same consciousness and concern for others and human spirit as Vladimir Putin,” he said. Ranking Member Rep. Joe Wilson (SC-02) advocated for further military support for Ukraine so that Ukraine can reclaim its territory and refugees can return home safely. “Evicting the murderous Putin from Ukraine is the only way to help Ukrainian civilians and allow refugees to return to Ukraine,” he said. Rep. Chris Smith (NJ-04), OSCE Parliamentary Special Representative on Human Trafficking issues, thanked the witnesses for their leadership in the fight against human trafficking and called for increased international cooperation in protecting women and children from traffickers. Senior Official and Principal Deputy Director of the Office to Monitor and Combat Trafficking in Persons at the U.S. State Department Dr. Kari Johnstone described the dire situation refugees face as they flee. Many are further endangered and exposed to human trafficking by extenuating circumstances, such as being unable to access information in their language or belonging to an already marginalized group such as Roma. Dr. Johnstone emphasized the need for trauma-informed, age-appropriate, gender-sensitive approaches to support refugees. Making sure refugees have access to appropriate work, housing, and schooling helps to keep refugees out of vulnerable situations and prevent trafficking. “While there’s no simple solution, working together…we are hopeful that we will be able to at least reduce the impact of this war,” Dr. Johnstone said. Tatiana Kotlyarenko, advisor on anti-trafficking issues at ODIHR, called for unity on all fronts to combat human trafficking and asked for continued support from Congress in strengthening ODIHR’s work on anti-human trafficking in Ukraine. She also stressed the importance of implementing strong national referral mechanisms to better identify and assist victims of human trafficking “If you want to prevent trafficking of Ukrainian women and children, we need to unite to address demand on policy, legislative, and practical levels,” she said. Mykola Kuleba, director of the NGO Save Ukraine, shared a firsthand account of the horrific conditions on the ground in Ukraine that he has witnessed while evacuating children from the war zone, emphasizing that the first step to protect Ukrainian refugees is to help Ukraine defend itself so its people don’t become refugees. He also highlighted the need for more humanitarian assistance, including food, water, and medicine. “Millions of Ukrainian children are now refugees wandering around the world. The world must help this great democratic country that has faced unprecedented evil. Each of you has the ability to aid in the rescue. Each of you can resist this evil,” Kuleba said. Nic McKinley, founder and CEO of DeliverFund, described the importance of disrupting the human trafficking market on the demand side by deterring potential buyers and attacking traffickers’ ability to profit from the exploitation of vulnerable populations. He also discussed how traffickers use social media to lure victims through advertisements for housing and employment for refugees. “You cannot have a human trafficking victim,” he said, “without a human trafficker.” Members brought a number of concerns and questions to witnesses, ranging from how best to distribute information on preventing human trafficking to refugees, to how government and NGO efforts can be coordinated to most effectively deliver assistance and provide protection for vulnerable populations. Related Information Witness Biographies
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Russia Critics Press Congress for Curbing Moscow's Role in International GroupsWednesday, April 06, 2022
Critics of Moscow pressed lawmakers to sever remaining international connections with Moscow and punish what they called enablers of Russian President Vladimir Putin’s government—including Russian tycoons. “We recognize that the oligarchs are the appendages of Mr. Putin’s mafia state,” said Sen. Ben Cardin (D., Md.), the co-chairman of the Commission on Security and Cooperation in Europe, known as the Helsinki Commission, which held a hearing Wednesday on Russia's financial ties abroad. “I can’t wait to see police tape around mansions in Miami," said Sen. Sheldon Whitehouse (D., R.I.). Witnesses before the commission, a U.S. agency that has frequently scrutinized Moscow, sought to portray Russian billionaires and their network of lawyers and agents in the West as little different from Russian government employees and its lawyers abroad. Bill Browder, a prominent critic of the Kremlin’s human-rights record, called on the U.S. to withdraw from the mutual legal-assistance treaty that allows U.S. and Russian law enforcement to cooperate on investigations and secure witness testimony. Western countries should ban lawyers paid by the Russian government in one country from traveling to their countries, he said. The Kremlin used the Interpol international law-enforcement network in an effort to arrest Mr. Browder after his lawyer died in a Russian prison in 2009. Mr. Browder, who founded investment fund Hermitage Capital, said the U.S. and partner countries should seek to remove Moscow from Interpol or “basically threaten the funding of Interpol if Russia is not expelled.” Mr. Browder was the largest private investor in Russia until his expulsion from that country in 2005. Moscow should also lose its membership and face blacklisting by the Financial Action Task Force, a Paris-based intergovernmental body that audits the ability of nations to detect and disrupt illicit finance, said Daria Kaleniuk, co-founder of the Anti-Corruption Action Center in Ukraine. Mr. Browder and Ms. Kaleniuk were among five witnesses at the hearing.
Countering Oligarchs, Enablers, and LawfareWednesday, April 06, 2022
As influential proxies of Russian dictator Vladmir Putin, Russian oligarchs work to weaken Western democracies from within. They pay Western enablers—especially lawyers and lobbyists—millions to use their standing in democratic societies to generate policies favorable to the authoritarian regime in Russia and to silence its critics. On April 6, 2022, the Helsinki Commission heard from five witnesses who testified on the corruption of Russian oligarchs, as well as the various means through which such oligarchs censure journalists from reporting on their nefarious activities. Helsinki Commission Chairman Sen. Ben Cardin (MD) opened the hearing by recognizing oligarchs as appendages of Putin’s government who have engaged in extensive laundering and looting of the Russian state. He stressed the importance of sanctioning oligarchs, who utilize the existing financial and judicial frameworks of Western democracies to protect themselves from legal harm, as well as their accountants and lawyers, who utilize lawfare as means of continuing their kleptocratic ways and silencing those who report on their crimes. “We have to fortify our system against lawfare,” he stated. “And we hope that we can win this fight.” Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) asserted that oligarchs, while stealing and oppressing the Russian public, also are funding the Russian invasion of Ukraine. “In exchange for the lavish lifestyles that they live, these oligarchs pledge their loyalty to the mid-level KGB agent… currently overseeing Europe’s biggest land war since 1945,” he remarked. Ranking Member Rep. Joe Wilson (SC-02) described Russia’s invasion of Ukraine as a battle between the virtues of the free world and the vices of a corrupt state. “Putin ordered the invasion of Ukraine because Ukraine is a democracy… because it shows accountability over corruption,” he stated. “This is the most black and white conflict in recent memory.” Daria Kaleniuk, executive director of the Ukrainian Anti-Corruption Action Centre, testified that Putin’s invasion of Ukraine was due to fear of Ukraine’s fight against corruption. On February 22, when Putin declared war on Ukraine, he referred to numerous anti-corruption reforms for which the Ukrainian Anti-Corruption Action Centre had advocated. “It was clear to me in that moment that Ukraine’s successful story in fighting corruption is actually the ultimate threat to Vladmir Putin and to his kleptocratic regime,” she remarked. She argued that integral to Putin’s success throughout the years is his legion of legal and financial professionals. “There are two battlefields,” she stated. “One in Ukraine…. And another one in the West, where America is obligated to fight by targeting Russian oligarchs and their enablers.” Bill Browder, head of the Global Magnitsky Justice Campaign, described his experience following the passing of the Magnitsky Act, which allows the United States to freeze the assets of kleptocrats and human-rights violators. He highlighted the team of Western professionals who helped Putin target him for his work to passing the legislation. To ensure these Western enablers are held accountable for their actions, Browder recommended that Congress speak out and deny government employment to such organizations in the future. “We should make a list of these type of firms that do this enabling, this list should be put together by the U.S. Congress, and there should be a recommendation to the U.S. Government not to do business with these firms going forward,” he said. “They can pick sides. They can decide they want to work for the bad guys. And if they work for the bad guys, then they shouldn’t get any money from the U.S. government. Scott Stedman, founder of Forensic News, described the increased use of lawfare by oligarchs as a weapon to intimidate reporters into silence. He spoke of his experience reporting on Walter Soriano, a businessman with reported ties to multiple Russian oligarchs. Soriano filed a lawsuit against Forensic News and its contributors, attempting to silence Stedman through financial intimidation and lawfare. “Mr. Soriano’s U.S. litigation counsel Andrew Brettler wrote to me threatening yet more legal action if I did not pay a U.K. court for more money than I’ve ever had in any bank account,” he said. “This is what lawfare looks like. It is designed to suppress, stall, scare critical coverage of the Russian elite and their enablers.” Anna Veduta, vice president of the Navalny Anti-Corruption Foundation International, outlined the need to sanction corrupt Russian politicians, oligarchs, enablers, and their family members. The assets these oligarchs and enablers have acquired are held by relatives, she argued, who have yet to be sanctioned. “People responsible for these lies, people who are poisoning Russian people with these lies, still can enjoy spring break in Miami and take their kids to Disneyland,” she said. “So I am going to quote Alexei Navalny once again, ‘Warmongers must be treated as war criminals.’” Shannon Green, executive director of the USAID Anti-Corruption Task Force and senior advisor to the Administrator highlighted the reliance of autocrats like Putin on oligarchs and enablers. She reviewed USAID initiatives to support reform coalitions and confront lawfare domestically, as well as efforts to develop new programs to confront kleptocracy abroad. Addressing her fellow panelists, she stated, “Anna, Bill, Daria, Scott, we draw inspiration and courage from your example. And the U.S. government’s message to you, and to all of your fellow change agents, is: Be not afraid. We stand with you.” Related Information Witness Biographies Statement for the Record: Arabella Pike, Publishing Director, HarperCollins Publishers
Protecting Ukrainian Refugees from Human Trafficking to Be Discussed at Helsinki Commission HearingFriday, April 01, 2022
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: PROTECTING UKRAINIAN REFUGEES FROM HUMAN TRAFFICKING Thursday, April 7, 2022 10:30 a.m. Dirksen Senate Office Building Room 562 Watch live: www.youtube.com/HelsinkiCommission More than 4 million refugees have fled Ukraine since Russia’s massive invasion on February 24, the largest migration of people in Europe since the Second World War. Given Ukraine’s exit restrictions on males from 18-60, the vast majority of those leaving are women and children. Most cross the Ukrainian border without resources or a place to go, making them extremely vulnerable to human trafficking. Reports indicate that traffickers already are trolling border areas trying to lure refugees with promises of accommodation, onward transportation, or employment. Ukrainian orphans and unaccompanied minors are particularly susceptible to such predators, and they need not only to be safely evacuated from Ukraine, but also securely tracked and transferred into national child protection systems so they do not fall prey to human traffickers or otherwise disappear. Witnesses will examine efforts by frontline states, the international community, NGOs, and the OSCE Office for Democratic Institutions and Human Rights to prevent refugees from becoming victims of human traffickers, to coordinate the reception and transfer of unaccompanied minors, to conduct awareness-raising and prevention programs near the border, and to provide security to protect refugees. The following witnesses are scheduled to testify: Panel 1: Dr. Kari Johnstone, Senior Official, U.S. Department of State, Office to Monitor and Combat Trafficking in Persons Panel 2: Ms. Tatiana Kotlyarenko, Anti-Trafficking Advisor, OSCE Office for Democratic Institution and Human Rights Mr. Mykola Kuleba, Director of Save Ukraine and former Presidential Commissioner for Human Rights Mr. Nic McKinley, Founder and CEO, DeliverFund
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With oligarchs in the crosshairs, alleged Western 'enablers' attract fresh scrutinyThursday, March 24, 2022
As governments scramble to seize high-profile assets owned by Russian oligarchs, a quiet effort is gaining momentum in the West to target their alleged “enablers” – the lawyers, lobbyists and money-handlers who critics say help them hide, invest and protect their vast wealth in U.S. and European institutions. “The yachts and jets and villas get the most attention, but a lot of the oligarchs’ money is in private equity and hedge funds – places we can’t see,” said Maira Martini, a researcher with the corruption watchdog Transparency International. “That’s the money that really matters to them.” For decades, wealthy business tycoons with close ties to Russian President Vladimir Putin have enlisted the services of reputable bankers and lawyers in the West to navigate loopholes that obscure their identity. While it's not necessarily illegal to use obscure entities and agents to protect finances, critics say the laws need to be strengthened to create more transparency. rganized Crime and Corruption Reporting Project, a global investigative reporting platform that focuses on corruption, organized crimes and illicit financing, claims to have uncovered over 150 assets worth $17.5 billion held by 11 Russian elites and their alleged enablers, while a Forbes report identified more than 82 properties across the world -- a collective of $4.3 billion -- held by 16 sanctioned Russian oligarchs. Assets that have surfaced are likely only a fraction of these oligarchs' actual wealth. The true extent is difficult to track because they often use a convoluted network of shell companies, obscure entities and stand-ins to keep their finances hidden, experts said. But now, with war raging in Ukraine, lawmakers and corruption watchdogs are calling on governments to close those loopholes and crack down on the middlemen who know how to exploit them. “Putin’s oligarchs cannot operate without their Western enablers, who give them access to our financial and political systems,” said Rep. Steve Cohen, D-Tenn. “These unscrupulous lawyers, accountants, trust and company service providers and others need to do basic due diligence on their clients to ensure that they are not accepting blood money. This isn’t rocket science – it is common sense policy to protect democracy.” In Washington, Cohen and others have introduced the ENABLERS Act, which would require real estate brokers, hedge fund managers and other entities to “ask basic due diligence questions whenever somebody comes to them with a suitcase full of cash,” said Rep. Tom Malinowski, D-N.J., the lead sponsor of the bill. The International Consortium of Investigative Journalists, a global network of journalists and newsrooms that have tracked the wealthy's tax havens and financial secrecy, has identified at least a dozen networks of facilitators, offshore agents and banks across the world that have allegedly helped Russia's elites move and hide their money based on its analyses of public records and leaked financial documents the group has obtained over the past decade. This includes a range of actors, from global offshore law firms that create shell companies and other obscure entities to help wealthy Russians keep their finances clouded, to one-man shops in offshore tax havens that help set up "nominee" shareholders and paid stand-ins to conceal the real owners of entities. ICIJ also points to the roles of major law firms in helping shape the modern tax avoidance system as well as the roles of big financial institutions and banks in helping wealthy Russians move their money. Last year, The Washington Post, as part of its collaboration with ICIJ's Pandora Papers project, reported on how South Dakota, with its limited oversight, vague regulations and trust secrecy, has become a tax haven for secretive foreign money. Malinowski stressed that the United States "has become one of the easiest places in the world for corrupt kleptocrats around the world to hide money." “What we've basically allowed is a system where people can steal their money in countries without the rule of law and then protect their money in countries like ours where they can count on property rights and courts and privacy rules to safeguard his loot for life," Malinowski said. "We should not be complicit in the theft that supports dictatorships like Putin." Experts warned that sanctions and asset seizures, while effective in the short term, may be toothless over time if secrecy loopholes remain in place. On Wednesday, Transparency International published an open letter calling on Western leaders to take steps to stem rules that foster opacity. “To disguise their wealth and keep them out of the reach of law enforcement authorities, kleptocrats will turn to lawyers, real estate agents, banks, crypto-service providers and banks in your countries,” the letter reads. “You must redouble your supervision efforts over the gatekeepers of the financial sector.”
Chairman Cardin Emphasizes the Importance of the Global Magnitsky ActWednesday, March 23, 2022
Madam President, reserving the right to object to the request from the Senator from Idaho, it is my understanding that the Senator’s modification would not include provisions that were included in the Housepassed legislation that modifies the global Magnitsky sanction regime. I just would like to speak for a moment, if I might. There is no question that we stand with the people of Ukraine against the unprovoked attack by Mr. Putin. We are inspired every day by the courage of the Ukrainian people and by their inspirational leader, President Zelenskyy. The United States has shown leadership, and I congratulate the Biden administration. We have led the free world in providing defensive lethal weapons to Ukraine to defend itself. We have provided humanitarian assistance, joining the global community, including dealing with 3 million Ukrainians that are now refugees in other countries and 10 million that have been displaced as a result of Mr. Putin’s unprovoked attack. And we have led on sanctions. We have led in getting the global unity to impose sanctions against not just the Russian sectors, but also against individuals. And when Mr. Zelenskyy spoke before the Members of Congress, he specifically mentioned the importance of these sanctions; and he asked us to expand those covered by the sanctions to include the enablers, those that are enabling Mr. Putin—the oligarchs—to be able to fund his aggression against Ukraine. So what did the House send over to us? In their bill, they sent over a global Magnitsky modification. It is identical to legislation that was filed by Senator PORTMAN and myself that included the revocation of PNTR for Russia, along with the global Magnitsky. First and foremost, it removes the sunset that is in the legislation that would sunset this year. Mr. Zelenskyy asked for us to be resolved in being willing to stand up to Mr. Putin, that it would take some time. A clear message is that we remove the sunset on the global Magnitsky statute. And we know how difficult it is to get legislation passed in this body. It also expands the global Magnitsky to include the enablers—exactly what Mr. Zelenskyy asked us to do—those that enabled—the oligarchs that allowed him to be able to finance this. The language that is included in here is very similar to the language that was included in President Trump’s Executive order. This is critical legislation. Now, let me just tell you how appropriate it is that it is included in a PNTR bill—because the first Magnitsky sanction bill—and Senator WYDEN was very important in getting this done—was included in the original PNTR bill for Russia, and we were able to get it done at that time. We then made it a global Magnitsky, and my partner on that was the late Senator McCain. It has always been bipartisan. My partner now is Senator WICKER. The two of us have joined forces to make sure we get it done now. It is critically important in order to impose banking restrictions on those that are targeted under the global Magnitsky, as well as visa restrictions on being able to travel. How important is it? Ask Mr. Usmanov, who is one of the principal oligarchs to Mr. Putin, who solves Mr. Putin’s business problems. Guess how he solves those problems? Well, his yacht has now been confiscated in Germany. That is how important these sanctions are and how we have to move them forward. So, if I understand my colleague’s request, it would deny the opportunity for us to act on the global Magnitsky, which Mr. Zelenskyy has specifically asked us to do. We would lose that opportunity. We would be sending this bill back to the House that is not in session, which means there will be a further delay in repealing PNTR for Russia, which is something we need to do now, today. We can get it to the President for signature today under the majority leader’s request. And as the majority leader has indicated, I support the energy ban—I support the Russian energy ban. President Biden has already taken steps to do that. And I agree with my colleague from Idaho. I would like to incorporate that in statute, but there is no urgency to do that as there is on repealing PNTR and the global Magnitsky. That is the urgency. That is what we need to get done today. That is what we can get to the President this afternoon under the majority leader’s request, and that will be denied if my friend from Idaho’s request were granted. So, for all those reasons, I object.
Containing RussiaWednesday, March 23, 2022
Russian dictator Vladimir Putin’s war on the Ukrainian people is an urgent threat to European security and global peace. Should his destructive gambit succeed in Ukraine, Russia will have dramatically expanded its de-facto border with NATO—including through a soft annexation of Belarus—as well as its ability to destabilize the democracies of Central and Western Europe. Russian military success would threaten to draw a new iron curtain across Europe, dividing those protected by NATO’s security guarantees from those left exposed to Russian predation. This division could lead to significant remilitarization, a reappearance of Cold War tensions, and a reversion to historic cycles of European conflict. Beyond Europe, revisionist powers would be emboldened, and the United States and its Allies would be less able to deter them. On March 23, 2022, the Helsinki Commission heard testimony from a panel of witnesses who recommended ways to deter Russian dictator Vladimir Putin’s from further escalating his unprovoked attack on Ukraine. Helsinki Commission Chairman Sen. Ben Cardin (MD) opened the hearing by denouncing Mr. Putin as a war criminal, calling for accountability for the heinous war crimes currently being committed in Ukraine. He lauded the heroism of the Ukrainian people and recognized Ukraine’s President Volodymyr Zelensky as a champion of democracy. “They’re an inspiration to all of us,” he stated. “President Zelensky [is] there fighting for the sovereignty of Ukraine, but he’s also fighting for the sovereignty of the free world.” Ranking Member Sen. Roger Wicker (MS) welcomed the assistance the United States already has provided, while simultaneously calling for greater action. “I call on the President today, the Secretary of State, and the White House to unleash the full package of sanctions that are available to them,” he said, “and to enhance the weaponry that we have already made available to our friends in Ukraine.” Co-Chairman Rep. Steve Cohen (TN-09) and Sen. Richard Blumenthal (CT) pledged to support Ukraine and called for the facilitation of additional weaponry to the Ukrainian army and implementation of stronger economic sanctions of Russian oligarchs and their enablers. Before the witnesses testified, Ukrainian Ambassador to the United States Oksana Markarova addressed the commission, denouncing the Russian invasion of Ukraine as a violation of international law and a greater threat to the democratic world. “So what is happening in Ukraine is not only about Ukraine,” she asserted. “The very foundation of the world rule-based order, as we all knew and respected it after World War II, has been under attack today.” General Phillip Breedlove, former commander of U.S. European Command and NATO’s former Supreme Allied Commander Europe, testified that the Western response to Russia’s invasion has been almost entirely limited to economic measures, with no formidable action taken thus far in the diplomatic, informational, or military sphere. He supported the implementation of humanitarian corridors and humanitarian airlifts, both protected by NATO-enforced humanitarian no-fly zones. “We have allowed Mr. Putin to accomplish both the goals of deterring us and gaining initiative,” he stated. “I’m advocating that we and our Western partners reevaluate our strategic approach: Mr. Putin should be deterred, vice we in the West[HS1] . This requires moving away from a passive deterrent posture to affecting a more active deterrence.” Dr. Michael Kimmage, fellow at the German Marshall Fund and Department Chair at Catholic University of America, warned of historical precedents regarding containment of the Soviet Union, and how it applies contemporarily to Russia’s war in Ukraine. “Policy success should be measured not against maximalist dreams in which Putin, and with him Russian military power, exit the scene. Russian power is here to stay. Policy success should be measured against the much more achievable goal of containing this very power,” he said. Dr. Miriam Lanskoy, senior director for Russia and Eurasia at the National Endowment of Democracy, warned of the dangers of potentially isolating the Russian public from the global internet and media. She advocated for engaging with Russian citizens, while simultaneously opposing the Russian government. “Distinguish between Putin’s regime and its various enablers and the Russian people, preserve support and amplify the voices of Russian democrats now fleeing the country and those who remain inside,” she recommended. Related Information Witness Biographies
Options to Contain Russia to Be Explored at Helsinki Commission HearingFriday, March 18, 2022
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: CONTAINING RUSSIA Opposing Russian Imperialism in Ukraine and Beyond Wednesday, March 23, 2022 2:30 p.m. Dirksen Senate Office Building Room 562 Watch live: www.youtube.com/HelsinkiCommission Russian dictator Vladimir Putin’s war on the Ukrainian people is an urgent threat to European security and global peace. Should his destructive gambit succeed in Ukraine, Russia will have dramatically expanded its de-facto border with NATO—including through a soft annexation of Belarus—as well as its ability to destabilize the democracies of Central and Western Europe. Russian military success would threaten to draw a new iron curtain across Europe, dividing those protected by NATO’s security guarantees from those left exposed to Russian predation. This division could lead to significant remilitarization, a reappearance of Cold War tensions, and a reversion to historic cycles of European conflict. Beyond Europe, revisionist powers would be emboldened, and the United States and its Allies would be less able to deter them. At this hearing, military experts and strategic thinkers will explore options for curtailing Moscow’s ability to wage war on Ukraine and neighboring states, especially those outside the protective umbrella of NATO. The hearing will begin with brief remarks by Ukrainian Ambassador to the U.S. Oksana Markarova. The following witnesses also are scheduled to testify: General (Ret.) Philip Breedlove, NATO’s Former Supreme Allied Commander Europe; Distinguished Professor of the Practice and CETS Senior Fellow, Georgia Tech Dr. Michael Kimmage, Former Policy Planning Staff, U.S, Department of State; Professor of History, The Catholic University of America; Fellow, German Marshall Fund of the United States Dr. Miriam Lanskoy, Senior Director for Russia and Eurasia, National Endowment for Democracy
Doing MoreFriday, March 18, 2022
Russian dictator Vladimir Putin’s criminal war has enraged citizens of goodwill and galvanized support for Ukraine across the world. The United States has been a key supporter of Ukraine, providing weaponry, humanitarian relief, and other forms of urgent assistance, in addition to leveling crippling sanctions on Russia. However, Russian forces continue to bombard Ukrainian cities, targeting civilians and critical infrastructure. Russia’s brutal war is causing an unprecedented humanitarian catastrophe in Ukraine, and observers worry that Putin may next use chemical or other weapons of mass destruction. On March 16, President Zelenskyy appealed to the U.S. Congress to render additional aid to Ukraine, including the possibility of enforcing a no-fly zone. The briefing, held on March 18, 2022, explored the various military strategies available to the West in its defense of Ukraine. Panelists examined Ukraine’s militaristic capabilities, as well as the various risks associated with implementing military recommendations, such as humanitarian air corridors or NATO-enforced no-fly zones. Panelists at the briefing included General Wesley Clark, founder of Renew America Together and senior Fellow at the UCLA Burkle Center for International Relations; Dr. Stacie Pettyyjohn, senior fellow and director of the Defense Program at the Center for a New American Security; and Dr. Matthew Kroenig, director of the Scowcroft Strategy Initiative at the Atlantic Council. Helsinki Commission Senior Policy Advisor Michael Hikari Cecire moderated the briefing. Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) opened the briefing by reaffirming his support for the facilitation of transferring Polish fighter jets to Ukraine, as well as his confidence in the strength and capability of the Ukrainian military. “The Ukrainian army has proven to be [pretty good] at knowing what they can do with their equipment,” he said. “It’s a conflict between rule of law and rule of gun.” Mr. Cecire explained that despite Russia’s obvious military advantages, the Ukrainian military has thus far successfully stymied Russian aggression. Unfortunately, as Russian forces grow frustrated with their lack of military progress, they have become increasingly indiscriminate in their attacks, targeting innocent Ukrainian civilians, and bombarding critical infrastructure, such as shelters and hospitals. General Clark advocated for a humanitarian airlift, implemented with U.N. approval, and a no-fly zone, as requested by Ukraine. He asserted that Russian dictator Vladimir Putin will eventually strike NATO territory with missiles, and that Putin’s threats of nuclear escalation should not deter Western states from defending a rules-based international order. “There’s a fallacy here, that somehow NATO inaction will translate into Putin’s refusal to escalate. This is a logical fallacy,” he said. “Putin will escalate as necessary to obtain his objectives. So I’m trying to find a third course of action between Ukrainian defense and Russian escalation, which is to provide the firebreak of a humanitarian rescue mission assigned into various locations that puts a firebreak into the fighting that could lead to a ceasefire, that could lead eventually to, coupled with the sanctions, a Russian pullback and withdrawal.” Dr. Pettyjohn discussed the risks of implementing humanitarian no-fly zones or humanitarian corridors, deeming them potentially escalatory and ineffective. A better alternative, she argued, would be for the international community to arm the Ukrainian people with mobile short-, medium-, and long-range air defenses, and to continue to provide precision standoff weapons. “The international community should help Ukraine, but not by following the post-Cold War playbook of implementing a no-fly zone,” she stated. “Against Russia, a no-fly zone would be even more difficult to implement and may not succeed… and it raises the potential for limited, or even more extensive than that, nuclear use, which is not something that I ever want to see in my lifetime.” Dr. Kroenig addressed the risk of nuclear escalation, arguing that although Russia’s threat of utilizing nuclear weapons in Ukraine should not be dismissed, the United States and NATO can enhance military support to Ukraine without escalating the risk on nuclear war. He advocated for the creation of humanitarian corridors, while cautioning against the establishment of a no-fly zone. “When it comes to no-fly zones or humanitarian corridors, I think I might split the difference between Dr. Pettyjohn and General Clark. I do think a no-fly zone would run a real risk of escalation,” he said. “But I think something like a humanitarian corridor could work, supported by ground convoys.” Related Information Panelist Biographies
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International Court orders Russia to suspend invasion of UkraineThursday, March 17, 2022
Helsinki Commission Chairman Senator Ben Cardin joined ABC News to discuss a resolution submitted by himself and others, which was recently adopted by the Senate and called on the Putin regime to be held accountable for war crimes committed during Russia's invasion of Ukraine."I hope that one day in the near future we'll see [Mr. Putin] at the Hague, tried as a war criminal," he said. On March 23, the U.S. Department of State published a statement confirming that Russian forces have committed war crimes in Ukraine.
Experts to Explore Options to Further Assist Ukraine at Helsinki Commission BriefingThursday, March 17, 2022
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online briefing: DOING MORE Assessing Ukraine’s Defensive Needs Friday, March 18, 2022 10:30 a.m. Watch live: www.youtube.com/HelsinkiCommission Russian dictator Vladimir Putin’s criminal war has enraged citizens of goodwill and galvanized support for Ukraine across the world. The United States has been a key supporter of Ukraine, providing weaponry, humanitarian relief, and other forms of urgent assistance, in addition to leveling crippling sanctions on Russia. However, Russian forces continue to bombard Ukrainian cities, targeting civilians and critical infrastructure. Russia’s brutal war is causing an unprecedented humanitarian catastrophe in Ukraine, and observers worry that Putin may next use chemical or other weapons of mass destruction. On March 16, President Zelenskyy appealed to the U.S. Congress to render additional aid to Ukraine, including the possibility of enforcing a no-fly zone. This briefing will convene military and strategic experts to discuss ways to further assist the people of Ukraine as they resist Russia’s invasion. The discussion will examine air defense strategies, the feasibility and implications of no-fly zones, and other forms of materiel support. Expert statements and a brief, moderated Q&A will be available live to the public. This will be followed by an informal, off-the-record discussion for congressional staff and U.S. Government personnel. The following panelists are scheduled to participate: General (Ret.) Wesley Clark, Senior Fellow, UCLA Burkle Center; Founder, Renew America Together Dr. Stacie Pettyjohn, Senior Fellow, Center for a New American Security Dr. Matthew Koenig, Professor of Government, Georgetown University; Deputy Director, Scowcroft Center for Strategy and Security Director, Scowcroft Strategy Initiative at the Atlantic Council
"Game-Changer"Thursday, March 17, 2022
Russian dictator Vladimir Putin’s invasion of Ukraine has destroyed the international framework that has kept the peace in Europe since 1945, at a time when Baltic states Lithuania, Estonia, and Latvia already faced complex and evolving security challenges. Beyond Putin’s existential threats, the Baltic states now must deal with a Belarus that has become little more than a staging area for Moscow to wage war on its peaceful neighbors. China’s economic and diplomatic pressures also continue to weigh heavily. Yet these three relatively small countries nevertheless are demonstrating courageous, principled, and effective leadership on the international stage. On March 17, 2022, the Helsinki Commission heard from the chairs of the foreign affairs committees of the national parliaments of Lithuania, Estonia, and Latvia. The three witnesses offered views on opportunities to address the deteriorating security situation in Europe, including and especially through partnership with the United States. Ranking Member Sen. Roger Wicker (MS) opened the hearing by acknowledging the vulnerable position the Baltic States are in as they face security challenges from Russia, Belarus, and China. He also praised the economic, military, and moral support the Baltic States have provided to Ukraine. “Once again, in this crisis the three Baltic countries are punching above their weight,” he said. “And I have every expectation they will continue to do so.” Co-Chairman Rep. Steve Cohen (TN-09) emphasized the longstanding bonds between the Baltic countries and the United States, particularly throughout the era of Soviet occupation. “I suspect if the three Baltic countries were not members of NATO, you might have already met Vladimir Putin’s armies… we want to assure you that we are with you.” Chairman Sen. Ben Cardin (MD) underscored the deep and bipartisan commitment of the United States to Article 5 of NATO. “We stand with you on your sovereignty and will be there to protect the sovereignty of your countries against any attempt by Russia to interfere with that,” he said. Ranking Member Rep. Joe Wilson (SC-02) expressed appreciation for the commitment Latvia, Lithuania, and Estonia have shown to promoting independence and freedom in Europe, and to their NATO membership. “The Baltic allies have been on the forefront of trying to stop the advance by Putin,” he said. He also praised the support the Baltic states are providing to Belarussian dissidents, activists, and opposition politicians. Commissioner Rep. Ruben Gallego (AZ-07) stressed the importance of the current moment for Baltic security and highlighted the Baltic Security Initiative, which bolsters the defense capabilities of Estonia, Latvia and Lithuania in areas including air defense, maritime situational awareness, ammunition, C4ISR, and anti-tank capabilities. He said, “If we draw any lessons from the ongoing war in Ukraine, it’s that we need to ensure our allies and our partners are too prickly for any adversary or competitor to swallow.” Laima Andrikiene, Chair of the Foreign Relations Committee of the Seimas of Lithuania, testified that the global democratic order has been ravaged and called on the United States to position permanent combat forces in Lithuania in order to build credible defense against Russian military threats. She also urged international allies not to forget the threat China poses. “The case of Lithuania is a test for the entire democratic world of our ability to withstand economic coercion and to deter China from using coercion as a regular foreign policy tool to advance its goals,” she said. Marko Mihkelson, Chair of the Foreign Affairs Committee of the Riigikogu of Estonia, warned of the brutality and ruthlessness of the Russian war machine, referencing his prior career as a journalist, when he reported on the Chechen War. “Russia’s blatant aggression and military invasion in Ukraine has caused a fundamental shift in the European security architecture and threatens the peace and stability of democratic nations, not only in Europe but worldwide,” he said. “The future of our common security will be decided in Ukraine.” Rihards Kols, Chair of the Foreign Affairs Committee of the Saeima of Latvia, described the hybrid warfare tactics Russia is employing and the importance of supporting a well-educated and informed society in order to counter hybrid threats. Kols advocated for decisive action against Putin and warned against hesitance. He said, “Nothing is more provocative to a dictator than the weakness of free nations.” Members asked the three witnesses a range of questions on how best to defeat Russia’s aggression against Ukraine and deter further aggression by Putin’s regime against the Baltic states and elsewhere. Related Information Witness Biographies Press Release: Co-Chairman Cohen Leads Bipartisan Congressional Delegation to Defend Democracy and Ukrainian Sovereignty at OSCE PA Winter Meeting; Delegation Also Travels to Lithuania to Support Crucial NATO Ally. Field Hearing: Baltic Sea Regional Security
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Sen. Cardin: U.S. should increase sanctions on RussiaWednesday, March 16, 2022
Helsinki Commission Chairman Senator Ben Cardin spoke with José Díaz-Balart of MSNBC following Ukrainian President Volodymyr Zelensky's address to Congress. Chairman Cardin discussed U.S. support for Ukraine in providing defensive weaponry and humanitiarian assistance. "[Zelensky's] message was clear: we need staying power to isolate Russia and Mr. Putin, we need to increase the cost by increasing the sanctions, and we need to provide Ukraine with the lethal defense weapons it needs in order to protect its skies," he said.
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Helsinki Commission Urges Biden to Designate Ukraine, Georgia as Major Non-NATO AlliesSaturday, March 12, 2022
The Helsinki Commission, an independent U.S. government agency tasked with promoting human rights and security in Europe, has called on the Biden administration to upgrade the United States’ defense relationship with Ukraine. The commission seeks to help facilitate military and economic assistance to Kyiv as Russian forces move to encircle the Ukrainian capital. In a letter to U.S. President Joe Biden obtained by Foreign Policy, the commission urged the administration to designate Ukraine and Georgia, which was invaded by Russia in 2008, as major non-NATO allies (MNNA) and to reinvigorate U.S. support for the NATO accession of both countries. “Although the United States has consistently supported Ukraine’s and Georgia’s NATO membership, Russia’s occupations and ongoing invasion expose the tragedy of long-stalled Euro-Atlantic enlargement,” wrote the commission, which is led by Democratic Sen. Ben Cardin and Democratic Rep. Steve Cohen. “Absent strong and proactive U.S. backing for Ukrainian and Georgian NATO membership, [Russian President Vladimir] Putin will continue to take ample advantage in his aspirations to upend security and cooperation in Europe and his neocolonial agenda,” the letter said. Both Ukraine and Georgia were promised membership to the defense alliance during the NATO summit in Bucharest, Romania, in 2008. But despite extensive reform efforts, neither country has been offered a timetable for accession. The United States has provided billions of dollars of military assistance to Ukraine since it was first invaded by Russia in 2014, with more than $1.2 billion approved over the past year. “This designation is a fair reflection of our current bilateral defense relationships and does not commit the United States to military action,” the commission letter said, which also recommended that the administration consider extending the status to other non-NATO members along Europe’s eastern flank: Finland, Moldova, and Sweden. Much of U.S. military aid for Ukraine has been approved through a range of ad hoc government funding mechanisms. Granting the country MNNA status would open a variety of established channels to facilitate arms transfers, financial assistance, and information sharing, smoothing the way for further cooperation. It would also send a powerful signal of support for both Kyiv and Tbilisi. Unlike NATO membership, MNNA status does not entail any mutual security and defense obligations. On Thursday, the White House announced it would designate Colombia and Qatar as major non-NATO allies, bringing the total number of countries to receive the title up to 19. The title has usually been reserved for countries with no ambitions or prospects of joining NATO, which prompted the Ukrainian ambassador to the United States, Oksana Markarova, to express wariness about the designation last year. “MNNA is a status for countries that do not plan/can not force political or geographical reasons to join NATO. This is definitely not about us,” she wrote in a Facebook post. NATO accession is decided between the 30 members of the alliance, and an MNNA designation by the United States would not necessarily impede Ukraine’s membership prospects. The Helsinki Commission, formally known as the Commission on Security and Cooperation in Europe, was founded in 1976 as an independent government agency to monitor compliance with the Helsinki Accords, a major Cold War-era diplomatic agreement that sought to reduce tensions between the Soviet Union and the West as well as establish human rights and security norms. The commission is made up of 18 members of U.S. Congress drawn from both parties and representatives from the U.S. departments of State, Defense, and Commerce.
Helsinki Commission Recognizes Key Contributions from Allies and PartnersTuesday, March 08, 2022
WASHINGTON—In light of Russia’s continued criminal war on the peaceful citizens of Ukraine, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following joint statement: “Russian dictator Vladimir Putin’s barbaric war against the Ukrainian people has inspired global outrage and condemnation. Many countries have risen to the moment, especially our Baltic Allies, Poland, and Romania. We also recognize those other OSCE participating States that have taken particular risks and stepped up during this moment of great danger and clear moral purpose. “We thank the Government of Turkey for its significant and robust support for Ukraine. Turkey has long been among Ukraine’s most ardent and consistent advocates, and its closure of the Bosporus and Dardanelles Straits to warships from Russia and Ukraine, consistent with the Montreux Convention, effectively supports Ukraine and the cause of European security. Turkey plays an indispensable role as a NATO Ally and strategic linchpin in Europe. We look forward to working closely with our Turkish allies on additional steps to support Ukraine. “We also recognize Moldova for serving as a safe haven for refugees and for its strong support for Ukraine’s territorial integrity. To date, on a per capita basis, Moldova has welcomed more refugees than any other country. Despite limited resources and the unlawful presence of Russian troops on its soil, President Maia Sandu and the Government and people of Moldova have shown their mettle. We congratulate Moldova on its European Union application. We see your heroic efforts and will continue to work diligently towards supporting Moldova’s transatlantic aspirations. “In addition, despite initially concerning and confusing statements, we applaud the Government of Georgia for its increasingly robust support for the people of Ukraine, particularly given Russia’s threats and occupation of Georgia’s territory. We are grateful for Georgia’s co-sponsorship of the UN General Assembly resolution condemning the Russian invasion of Ukraine, its participation in a call for the International Criminal Court to investigate Russian war crimes, and the strong statements of support by Georgian President Salome Zourabichvili in particular. We congratulate Georgia on its application to the European Union and look forward to doing our part to reinvigorate our bilateral partnership and deepening our transatlantic bond. “We are moving to limit Russia’s ability to wage war on its neighbors and will work closely with our friends to navigate this dangerous moment in history.” On February 28, the Turkish government exercised its authority as a custodian of the Bosporus and Dardanelles Straits, per the 1936 Montreux Convention, and closed their use to warring parties in the Black Sea. On March 2, Turkey provided the Ukrainian military with additional Bayraktar TB2 unmanned aerial combat vehicles. Since Russia launched a full-scale invasion of Ukraine on February 24, Moldova was among the first to open its borders to Ukrainian refugees and hosts more refugees per capita compared to any other European state. Russia illegally maintains a garrison of approximately 1,500 troops on Moldovan territory in Transnistria and supports a separatist government. On March 2, the Government of Georgia co-sponsored a UN General Assembly resolution that condemned Russia’s war against Ukraine. On the same day, Georgia joined 37 other countries formally calling for an International Criminal Court investigation of Russian war crimes in Ukraine.
At OSCE PA Winter Meeting, U.S. Legislators Unite with International Counterparts to Condemn Putin’s Invasion of UkraineMonday, March 07, 2022
By Ryn Hintz, Max Kampelman Fellow From February 20 – 26, 2022, Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) led a bipartisan Congressional delegation to the Winter Meeting of the OSCE Parliamentary Assembly (OSCE PA) in Vienna, where he served as the Head of the U.S. Delegation. Other participating Helsinki Commissioners included Ranking House Commissioner Rep. Joe Wilson (SC-02), and Commissioners Rep. Robert Aderholt (AL-04), Rep. Richard Hudson (NC-08), and Rep. Marc Veasey (TX-33). They were joined on the delegation by Rep. Sheila Jackson Lee (TX-18). Ranking Senate Commissioner Sen. Roger Wicker (MS) and Rep. Chris Smith (NJ-04) participated remotely as members of the U.S. Delegation. The OSCE PA, consisting of 323 legislators from the 57 countries of the OSCE, has been particularly useful in defending democracy and promoting security in the face of numerous threats and challenges across the OSCE region. The Winter Meeting, held in a hybrid format due to ongoing but easing COVID restrictions, allows parliamentarians an opportunity to engage OSCE officials and diplomatic representatives, as well as to initiate work for the coming year. Prior to the Winter Meeting, the delegation visited Lithuania to demonstrate the strong U.S. support for this close NATO ally, which not only faces security threats on its borders but also provides refuge to independent voices from Russia and Belarus. OSCE PA Winter Meeting The 2022 Winter Meeting coincided with Russian dictator Vladimir Putin’s large-scale invasion of neighboring Ukraine, a horrific escalation of a conflict that began with Russia’s illegal occupation of the Crimean Peninsula in 2014 and ongoing aggression in the eastern portion of Ukraine. Ahead of the Winter Meeting, the OSCE PA Secretary General Roberto Montella and members of OSCE PA leadership (including Sen. Wicker as a Vice President and Rep. Hudson as Chair of the Committee on Political Affairs and Security) met in an emergency session and issued a statement condemning the Kremlin invasion as a “clear and gross violation of the most basic norms of international law as well as OSCE principles and commitments.” The group also issued a subsequent statement standing “in solidarity with the people of Ukraine and its elected government” and noting the “extraordinary courage” exhibited by “civilians, the armed forces and national leaders, including President Volodymyr Zelensky.” Statements condemning Vladimir Putin for the deliberate assault of Russian forces on Ukraine dominated the formal sessions of the meeting, despite an agenda originally designed to consider ongoing OSCE PA work on a wide range of issues. Co-Chairman Cohen spoke for the United States, decrying Putin’s claim that the Ukrainian government is led and run by Nazis. In a poignant end to the Standing Committee’s second session, the Ukrainian Head of Delegation, Mykyta Poturaiev, reported on violence in his neighborhood of Kyiv and bid farewell as he sought to return to his family in Ukraine. The 2022 Polish Chair-in-Office of the OSCE for 2022 outlined Poland’s priorities in an utterly transformed era in European security. During the general debate, nominally on the topic of “security guarantees and the indivisibility of security in Europe,” delegations resumed their near-universal condemnation of Putin’s invasion of Ukraine. Rep. Hudson opened the meeting of the Committee on Political Affairs and Security by denouncing the invasion of one participating State by another, in total opposition of Helsinki principles. He also underlined the committee’s particular relevance in the context of the security crisis precipitated by Russia, a view reinforced by a panel of senior OSCE officials present as guest speakers. Finally, Rep. Hudson moderated a debate on “heightened tensions in the OSCE area and the need for inter-parliamentary dialogue.” The debate focused heavily on the attack on Ukraine, with Sen.Wicker remotely joining those in Vienna condemning Russia’s outrageous behavior, and Rep. Jackson Lee forcefully urging members to recall the role of the Belarusian government in the events leading to the invasion. In the economic and environmental affairs committee, Rep. Smith spoke alongside OSCE official Valiant Richey about their efforts as special representatives on human trafficking issues of the Parliamentary Assembly and the OSCE, respectively. They specifically discussed supply chains as they relate to human trafficking matters. Representative Wilson spoke for the United States in the subsequent debate. In the committee dealing with democracy and human rights, Rep. Wilson condemned Russian human-rights violations in occupied Ukraine and in Russia itself, as well as ongoing repression in Belarus. Rep. Aderholt defended free media in his statement to the committee following presentations by recent Nobel laureate and Novaya Gazeta editor Dmitriy Muratov and OSCE Representative on Freedom of the Media Teresa Ribeiro. On the margins of the Winter Meeting, the U.S. delegation gathered key parliamentarians from a range of participating States over dinner, fostering an opportunity for frank and candid exchanges of views on important topics confronting the OSCE. The event emphasized the depth of the U.S. commitment to European security, going beyond diplomatic representatives to include elected Members of Congress. The delegation also was briefed by diplomats representing the United States in the OSCE, including Ambassador Michael Carpenter, and held bilateral meetings with the heads of the Azerbaijani and Mongolian OSCE PA Delegations. Visiting Lithuania The delegation’s presence in Europe also afforded an opportunity to visit Lithuania to underscore U.S. support for a crucial NATO ally at a time of deep concern caused by Russian aggression. In Vilnius, the delegation met with Lithuanian President Gitanas Nauseda, Prime Minister Ingrida Simonyte, Foreign Minister Gabrielius Landsbergis, and senior members of the Lithuanian Parliament (Seimas) to discuss the Russian assault on Ukraine, the deterioration of regional security, and Lithuania’s values-based foreign policy, including relations with China. Officials emphasized to the delegation the game-changing nature of recent developments, especially the total capitulation of the Lukashenko regime in Belarus to Moscow. These actions resulted in a dramatically more challenging situation on Lithuania’s border, leaving the country essentially no warning should Putin choose to act against the Baltic states. The delegation also visited the Pabrade Training Area, a Lithuanian initiative which provides facilities for U.S. and Allied military activities in the region. Members also met with Belarusians and Russians who had fled to Lithuania to avoid persecution, including Sviatlana Tsikhanouskaya and other opposition leaders, civil society organizations, and the media.
Helsinki Commission Mourns Death of Ukrainian OSCE Mission Member During Russian Attack on KharkivThursday, March 03, 2022
WASHINGTON—Following the death of a Ukrainian member of the OSCE Special Monitoring Mission (SMM) in Ukraine during a Russian attack, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), and Ranking Members Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following joint statement: “We are saddened and angered by the tragic death of Maryna Fenina, a Ukrainian member of the OSCE Special Monitoring Mission (SMM) in Ukraine, during shelling in Kharkiv on March 1. We offer our deepest condolences to her family and friends. “Russian dictator Vladimir Putin’s ruthless attack against the people of Ukraine is targeting men, women, and children; destroying homes, businesses, and cultural treasures; and forcing millions to flee for their lives. Putin’s unprovoked war is shredding the European security architecture that brought peace after the Second World War. Individuals like Maryna Fenina remind us of the terrible human toll of war. “Russia must cease its brutal and criminal invasion and withdraw its forces from the sovereign territory of Ukraine.” Maryna Fenina was the second OSCE SMM member to die as a result of Russia’s aggression against Ukraine. Joseph Stone, a U.S. paramedic serving with the SMM, was killed In April 2017 when his vehicle struck a landmine in Russian-controlled territory in eastern Ukraine. The SMM was established in 2014 to monitor implementation of the Minsk agreements, which were designed to bring peace to eastern Ukraine. It is an unarmed, civilian mission that has served as the international community’s eyes and ears on the security and humanitarian situation in the conflict zone. On February 25, the SMM decided to withdraw its international mission members from Ukraine. Ukrainian national mission members remain in the country.
‘Long Live President Volodymyr Zelensky’Tuesday, March 01, 2022
Mr. Speaker, on Friday, I was grateful, as the ranking member of the U.S. delegation to the Organization for Security and Cooperation in Europe, to address the Parliamentary Assembly in Vienna, Austria. Our delegation was ably led by Co-Chair Steve Cohen. The bipartisan United States delegation of Democrats and Republicans being transatlantic, with our valued European and Indo-Pacific allies, have been united about the Putin war of mass murder in Ukraine, violating the principles of the Helsinki Final Act. Here, we want to emphasize the devastating human cost of the Putin war against the families of Ukraine, isolating Russia and Belarus from the modern world. I was grateful over the years to have visited Russia a number of times where I was so impressed by the talented citizens. Today, they are being betrayed by Putin in his obsession for oil, money, and power. Two months ago, I visited Kyiv and it is horrifying to know of the attacks. Sadly, in Belarus, dictator Lukashenko has become a puppet facilitating the Putin war. It is inspiring that the legal President of Belarus, Sviatlana Tsikhanouskaya, would have her first loyalty to the people of Belarus, not the war criminal, Putin. In conclusion, God bless Ukraine. God save Ukraine. Long live President Volodymyr Zelensky.
Mr. Speaker, I am very pleased that the House moved to the timely consideration of H. Con. Res. 415, which calls upon the government of Ukraine to ensure a democratic, transparent and fair election process for that country's presidential elections that are about to take place on October 31. As chairman of the Helsinki Commission, I join the gentleman from Illinois (Chairman Hyde) in sponsoring this important resolution. H. Con. Res. 415 makes clear the expectation that Ukrainian authorities should, consistent with their own laws and international agreements, ensure an election process that enables all of the candidates to compete on a level playing field.
International attention, Mr. Speaker, is now rightly focused on ensuring free, fair, open and transparent presidential elections on October 31, with a second round likely on November 21. These elections are critically important to the future of Ukraine, yet we see on a daily basis an election campaign that seriously calls into question Ukraine's commitment to OSCE principles.
Without exaggeration, Ukraine is facing a critical election, a choice not only between Euro-Atlantic integration versus reintegration into the former Soviet Eurasian space, but a choice between further development toward a European-style democracy, such as in Poland or Hungary, versus the increasingly authoritarian system that prevails in Russia today.
Unfortunately, the pre-election environment in Ukraine gives great cause for concern. Ukrainian voters clearly are not receiving balanced and objective information about all of the candidates in the race. Ukraine's state-owned television channels are heavily biased against the democratic opposition candidate, Viktor Yushchenko, who is leading in the polls nevertheless.
Independent media providing Ukrainians with objective information about the campaign, including channel 5, are being shut down in various regions. Journalists who do not follow the secret instructions from the presidential administration, it is called temnyky, are harassed and even fired. Given the stakes in these elections, Mr. Speaker, we should not be surprised that the ruling regime has launched an all-out campaign against the free media and against the opposition, the most recent of numerous examples being the highly suspicious poisoning of Viktor Yushchenko.
In addition, numerous obstacles to a free and fair political campaign have been placed by the national authorities, including intimidation of citizens, candidates and campaigns, the harassment of citizen expressions of political views, and the illegal use of State resources to promote the candidacy of Prime Minister Viktor Yanukovich.
Equal conditions for candidates, including unimpeded access to media, and an end to the intimidation and harassment of candidates and citizens must be provided during the remainder of the presidential campaign and will be key in determining whether or not the Ukrainian presidential elections will be judged as free and fair by the OSCE and the international community.
The elections will be a watershed for the future direction of that country.
Ukraine has tremendous potential. An independent, democratic Ukraine where the rule of law prevails is vital to the security and stability of Europe. Ukrainian authorities need to radically improve the election environment, however, if there is to be hope for these elections to meet those standards.
Mr. Speaker, this resolution urges the Ukrainian government to guarantee freedom of association and assembly, and it is not guaranteed now; ensure full transparency of the election process; free access for Ukrainian and international election observers; and unimpeded access by all candidates to the media on a nondiscriminatory basis.
I urge all Members to support this.
Text of H. Con. Res. 415
Whereas the establishment of a democratic, transparent, and fair election process for the 2004 presidential election in Ukraine and of a genuinely democratic political system are prerequisites for that country's full integration into the Western community of nations as an equal member, including into organizations such as the North Atlantic Treaty Organization (NATO);
Whereas the Government of Ukraine has accepted numerous specific commitments governing the conduct of elections as a participating State of the Organization for Security and Cooperation in Europe (OSCE), including provisions of the Copenhagen Document;
Whereas the election on October 31, 2004, of Ukraine's next president will provide an unambiguous test of the extent of the Ukrainian authorities' commitment to implement these standards and build a democratic society based on free elections and the rule of law;
Whereas this election takes place against the backdrop of previous elections that did not fully meet international standards and of disturbing trends in the current pre-election environment;
Whereas it is the duty of government and public authorities at all levels to act in a manner consistent with all laws and regulations governing election procedures and to ensure free and fair elections throughout the entire country, including preventing activities aimed at undermining the free exercise of political rights;
Whereas a genuinely free and fair election requires a period of political campaigning conducted in an environment in which neither administrative action nor violence, intimidation, or detention hinder the parties, political associations, and the candidates from presenting their views and qualifications to the citizenry, including organizing supporters, conducting public meetings and events throughout the country, and enjoying unimpeded access to television, radio, print, and Internet media on a non-discriminatory basis;
Whereas a genuinely free and fair election requires that citizens be guaranteed the right and effective opportunity to exercise their civil and political rights, including the right to vote and the right to seek and acquire information upon which to make an informed vote, free from intimidation, undue influence, attempts at vote buying, threats of political retribution, or other forms of coercion by national or local authorities or others;
Whereas a genuinely free and fair election requires government and public authorities to ensure that candidates and political parties enjoy equal treatment before the law and that government resources are not employed to the advantage of individual candidates or political parties;
Whereas a genuinely free and fair election requires the full transparency of laws and regulations governing elections, multiparty representation on election commissions, and unobstructed access by candidates, political parties, and domestic and international observers to all election procedures, including voting and vote-counting in all areas of the country;
Whereas increasing control and manipulation of the media by national and local officials and others acting at their behest raise grave concerns regarding the commitment of the Ukrainian authorities to free and fair elections;
Whereas efforts by the national authorities to limit access to international broadcasting, including Radio Liberty and the Voice of America, represent an unacceptable infringement on the right of the Ukrainian people to independent information;
Whereas efforts by national and local officials and others acting at their behest to impose obstacles to free assembly, free speech, and a free and fair political campaign have taken place in Donetsk, Sumy, and elsewhere in Ukraine without condemnation or remedial action by the Ukrainian Government;
Whereas numerous substantial irregularities have taken place in recent Ukrainian parliamentary by-elections in the Donetsk region and in mayoral elections in Mukacheve, Romny, and Krasniy Luch; and
Whereas the intimidation and violence during the April 18, 2004, mayoral election in Mukacheve, Ukraine, represent a deliberate attack on the democratic process: Now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That the Congress--
(1) acknowledges and welcomes the strong relationship formed between the United States and Ukraine since the restoration of Ukraine's independence in 1991;
(2) recognizes that a precondition for the full integration of Ukraine into the Western community of nations, including as an equal member in institutions such as the North Atlantic Treaty Organization (NATO), is its establishment of a genuinely democratic political system;
(3) expresses its strong and continuing support for the efforts of the Ukrainian people to establish a full democracy, the rule of law, and respect for human rights in Ukraine;
(4) urges the Government of Ukraine to guarantee freedom of association and assembly, including the right of candidates, members of political parties, and others to freely assemble, to organize and conduct public events, and to exercise these and other rights free from intimidation or harassment by local or national officials or others acting at their behest;
(5) urges the Government of Ukraine to meet its Organization for Security and Cooperation in Europe (OSCE) commitments on democratic elections and to address issues previously identified by the Office of Democratic Institutions and Human Rights (ODIHR) of the OSCE in its final reports on the 2002 parliamentary elections and the 1999 presidential elections, such as illegal interference by public authorities in the campaign and a high degree of bias in the media;
(6) urges the Ukrainian authorities to ensure--
(A) the full transparency of election procedures before, during, and after the 2004 presidential elections;
(B) free access for Ukrainian and international election observers;
(C) multiparty representation on all election commissions;
(D) unimpeded access by all parties and candidates to print, radio, television, and Internet media on a non-discriminatory basis;
(E) freedom of candidates, members of opposition parties, and independent media organizations from intimidation or harassment by government officials at all levels via selective tax audits and other regulatory procedures, and in the case of media, license revocations and libel suits, among other measures;
(F) a transparent process for complaint and appeals through electoral commissions and within the court system that provides timely and effective remedies; and
(G) vigorous prosecution of any individual or organization responsible for violations of election laws or regulations, including the application of appropriate administrative or criminal penalties;
(7) further calls upon the Government of Ukraine to guarantee election monitors from the ODIHR, other participating States of the OSCE, Ukrainian political parties, candidates' representatives, nongovernmental organizations, and other private institutions and organizations, both foreign and domestic, unobstructed access to all aspects of the election process, including unimpeded access to public campaign events, candidates, news media, voting, and post-election tabulation of results and processing of election challenges and complaints;
(8) strongly encourages the President to fully employ the diplomatic and other resources of the Government of the United States to ensure that the election laws and procedures of Ukraine are faithfully adhered to by all local and national officials, by others acting at their behest, and by all candidates and parties, during and subsequent to the presidential campaign and election-day voting;
(9) strongly encourages the President to clearly communicate to the Government of Ukraine, to all parties and candidates, and to the people of Ukraine the high importance attached by the Government of the United States to this presidential campaign as a central factor in determining the future relationship between the two countries; and
(10) pledges its enduring support and assistance to the Ukrainian people's establishment of a fully free and open democratic system, their creation of a prosperous free market economy, their establishment of a secure independence and freedom from coercion, and their country's assumption of its rightful place as a full and equal member of the Western community of democracies.