Wicker, Cardin Reintroduce Bill to Fight INTERPOL AbuseWednesday, May 12, 2021
WASHINGTON—Helsinki Commission Ranking Member Sen. Roger Wicker (MS) and Chairman Sen. Ben Cardin (MD) today reintroduced the Transnational Repression Accountability and Prevention (TRAP) Act to counter the politically-motivated abuse of INTERPOL by authoritarian regimes. The bill would establish U.S. priorities for responding to INTERPOL abuse and promoting reform within INTERPOL, improve the U.S. response to fraudulent use of INTERPOL mechanisms, and protect the U.S. justice system from INTERPOL abuse. “Autocratic states like Russia and China for years have abused Red Notices from INTERPOL to punish their political enemies,” Sen. Wicker said. “The United States and other democracies should not have to remain complicit in this global assault on the rule of law. The TRAP Act would push for due process at INTERPOL and codify regulations that prevent American law enforcement from doing the dirty work of repressive autocrats.” “Autocrats increasingly seek to silence opposition beyond their borders—and INTERPOL has become one of their primary tools to harass and silence independent voices,” said Chairman Cardin. “The United States must ensure that dissidents and whistleblowers seeking refuge in the U.S. are beyond the reach of the authoritarian regimes that seek to punish them, even within the United States. The TRAP Act would be a major step forward in countering such authoritarian transnational repression.” The Helsinki Commission regularly receives credible reports from political dissidents, human rights defenders, and members of the business community who are the subject of politically-motivated INTERPOL Notices and Diffusions requested by autocratic regimes. These mechanisms, which function effectively as extradition requests, can be based on trumped-up criminal charges and used to detain, harass, or otherwise persecute individuals for their activism or refusal to acquiesce to corrupt schemes. Russia is among the world’s most prolific abusers of INTERPOL’s Notice and Diffusion mechanisms. Other participating States of the Organization for Security and Cooperation in Europe (OSCE)—principally Azerbaijan, Kazakhstan, Tajikistan, and Turkey—and other authoritarian states, such as China, also reportedly target political opponents with INTERPOL requests that violate key provisions of INTERPOL’s Constitution, which obligate the organization to uphold international human rights standards and strictly avoid involvement in politically-motivated charges. Original cosponsors of the legislation include Helsinki Commission members Sen. Thom Tillis (NC), Sen. Sheldon Whitehouse (RI), and Sen. Marco Rubio (FL). Sen. Ed Markey (MA), Sen. Mike Rounds (ND), and Sen. Chris Van Hollen (MD) also are original cosponsors.
Helsinki Commission Leaders Mark World Press Freedom DayMonday, May 03, 2021
WASHINGTON—On World Press Freedom Day, Helsinki Commission Chairman Sen. Ben Cardin (MD) and commission leaders Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following statements: “Press freedom is at the core of a healthy democracy,” said Chairman Cardin. “Over the last year, we have witnessed a sharp decline in access to information globally, and a rise in cases of violence against journalists. Some OSCE participating States have even used the COVID-19 pandemic as grounds to justify unnecessary restrictions on the press. Independent, professional journalism grounded in truth and transparency is the best antidote to the poison of disinformation and misinformation that plagues the OSCE region, during this global emergency and at all times.” “Strong democracies encourage a free press—one that informs the public, welcomes diverse voices, and holds leaders accountable,” said Sen. Wicker. “Unfortunately, in many nations autocrats abuse political, economic, and legal measures to intimidate, jail, and bankrupt members of the media who oppose them. On World Press Freedom Day, I commend the courageous journalists who work despite these threats.” “In the absence of press freedom, citizens are denied access to information and prevented from meaningful engagement in their communities,” said Rep. Wilson. “In some participating States, we continue to see violent attacks, arbitrary arrests, legal harassment, and other attacks against the legitimate work of journalists. These attempts to close off the information pipeline only highlight the weakness of such regimes, not their strength.” In its 2021 World Press Freedom Index, Reporters without Borders found that journalism is totally blocked, seriously impeded, or constrained in 73 percent of the countries evaluated. The data also reflect a dramatic deterioration in people's access to information and an increase in obstacles to news coverage. According to the study, Turkmenistan (at 178 of 180), Azerbaijan (at 167), Tajikistan (at 162), Belarus (at 158), Uzbekistan (at 157), Kazakhstan (at 155), Turkey (at 153), and Russia (at 150), rank the lowest in press freedom in the OSCE region. On April 30, Chairman Cardin and Helsinki Commissioner Sen. Marco Rubio (FL) reintroduced the World Press Freedom Protection and Reciprocity Act, which seeks to protect and promote worldwide press freedom and enhance reciprocity for U.S. news and media outlets. Earlier in April, Helsinki Commission leaders called on Belarusian authorities to release journalists and political prisoners. In 2020, the U.S. Helsinki Commission held a hearing to examine the troubling trend of violence against journalists, and review implementation of international press freedom commitments undertaken by the United States. In 2019, the OSCE Representative on Freedom of the Media testified before the U.S. Helsinki Commission on the state of media freedom in the OSCE region.
Cardin and Wicker Welcome UK Magnitsky Corruption SanctionsMonday, April 26, 2021
WASHINGTON—Following today's announcement that the United Kingdom will sanction 22 individuals for corruption under the UK's Magnitsky legislation, Helsinki Commission Chairman Sen. Ben Cardin (MD) and Ranking Member Sen. Roger Wicker (MS) issued the following statements: “I applaud the UK for moving forward with the establishment of a new Global Anti-Corruption sanctions regime. Our Magnitsky sanctions can now be harmonized one-for-one—denying corrupt officials access to the two biggest financial hubs in the world,” said Chairman Cardin. “I urge the EU to adopt Magnitsky corruption sanctions, as well. Together, we can deny human rights abusers and kleptocrats safe haven and protect our own political systems from the taint of authoritarian corruption. Otherwise, this corruption will always flee to those democratic allies without sanctions laws.” “It is hard to overstate just how important it is that the UK has adopted Magnitsky corruption sanctions,” said Sen. Wicker. “London is a well-known hub of Russian and Chinese Communist Party corruption, which now faces the threat of sanctions. These sanctions will protect political systems while providing a measure of justice to those all over the world who have been denied it. Democratic allies must close ranks against the corruption of dictatorships.” Chairman Cardin was the lead author of the Global Magnitsky Human Rights Accountability Act in the United States. This law authorizes sanctions against human rights abusers and kleptocrats anywhere in the world. Sen. Wicker was an original cosponsor and partner in this effort. Magnitsky human rights and corruption sanctions have now been adopted by the United States, Canada, and the UK. The EU has adopted only Magnitsky human rights sanctions. Australia, Japan, and Taiwan are currently considering adoption of Magnitsky sanctions.
Helsinki Commission Leaders Call for Action to Support NavalnyFriday, April 23, 2021
WASHINGTON—In response to the precarious health of Russian opposition leader Alexei Navalny in prison, threats to the future operation of his organization, and recent detentions of protestors calling for his release, Helsinki Commission Chairman Sen. Ben Cardin (MD) and commission leaders Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following statements: “The world is watching in horror as Alexei Navalny wastes away in a Russian prison cell, while being inspired by the bravery of Russians who came out to the streets to support him,” said Chairman Cardin. “The Biden administration should continue to raise the cost on Vladimir Putin and his remaining allies for this most recent attempt to intimidate those who would take up Navalny’s call to action by challenging the Kremlin’s corruption and standing up for their own freedom.” “Alexei Navalny was lucky to survive one assassination attempt, but he returned to his homeland in a powerful example of civic courage,” said Sen. Wicker. “Now as he suffers once again in a Russian prison, we should consider Mr. Navalny’s suggestion of sanctioning those closest to Vladimir Putin—including notorious oligarchs like Roman Abramovich, Alisher Usmanov, Igor Shuvalov, and Nikolay Tokarev. We will be monitoring his condition carefully.” “By jailing Alexei Navalny, branding his anti-corruption organization as ‘extremist,’ and targeting supporters of a free Russia, the Kremlin reveals its contempt for the fundamental rights of the Russian people,” said Rep. Wilson. “This is simply the latest attempt by Vladimir Putin to cling to power and it will ultimately fail.” In August 2020, Alexei Navalny was the victim of an assassination attempt by FSB that used a Russia-developed chemical weapon in the Novichok family. He spent months recovering after being flown to Berlin for treatment. Navalny returned to Moscow on January 17, 2021, and immediately was arrested. Navalny is serving two years and eight months at one of Russia’s most notorious penal colonies, about three hours east of Moscow. He is accused of violating the terms of a suspended sentence related to a 2014 case that is widely considered to be politically motivated. He has severe back pain and numbness in his extremities. Prison authorities have prohibited him from seeing his own doctors, but recently allowed him to be examined outside the prison by independent physicians. Navalny spent three weeks on a hunger strike to protest his lack of access to an outside doctor and remains in critical condition. On April 16, the Moscow prosecutor’s office asked the Moscow City Court to label Navalny’s Anti-Corruption Foundation and its regional headquarters, as well as his Citizens’ Rights Protection Foundation, as “extremist” organizations. If approved as expected, it will essentially outlaw these groups and criminalize their activity. On April 21, thousands of protestors came out across Russia in support of Navalny. More than 1,000 people were detained, including members of the press.
Helsinki Commission Leaders Troubled by Kyrgyzstan’s New ConstitutionMonday, April 19, 2021
WASHINGTON—Following the adoption of a new constitution in Kyrgyzstan on April 11, U.S. Helsinki Commission Chairman Sen. Ben Cardin (MD) and commission leaders Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following joint statement: “We are concerned that this new constitution will move Kyrgyzstan—long considered among the most democratic countries in Central Asia—toward authoritarian rule by concentrating power in the hands of the president, reducing the role of parliament, and minimizing checks and balances. “Vague provisions prioritizing the ‘moral and ethical values and public conscience of the people of the Kyrgyz Republic’ could be used to restrict human rights, including freedom of expression. We urge the Government of Kyrgyzstan to ensure that the country’s independent media and civil society can exercise their human rights and fundamental freedoms without interference.” The new constitution was approved via referendum, although voter turnout was low at just over 30 percent. President Sadyr Japarov, who took office after being freed from prison during unrest that followed a popular revolt sparked by fraudulent parliamentary elections last October, promoted the constitution’s stronger presidential role. Prior to the referendum, the OSCE Office for Democratic Institutions and Human Rights (ODIHR) and the Council of Europe’s Venice Commission jointly evaluated the draft constitution and concluded that the process adopting it did not follow the rule of law and took place with minimal public consultation or parliamentary debate, and that it raised “grave concerns over the lack of respect for the principles of the rule of law, separation of powers, and inherent lack of checks and balances.”
Cardin and Wicker on April 15 Sanctions Against RussiaFriday, April 16, 2021
WASHINGTON—In response to President Biden’s Executive Order on harmful foreign activities of the Russian government and subsequent Treasury sanctions designations, Helsinki Commission Chairman Sen. Ben Cardin (MD) and Sen. Roger Wicker (MS) issued the following statements: “The Biden administration is holding Russia to account for its malign activities in a direct and transparent manner,” said Chairman Cardin. “I applaud the president for taking bold action in response to Russia’s cyberattacks, election interference, its occupation of Crimea, the war it started in eastern Ukraine, and overall human rights abuses and weaponization of corruption. The president should continue to be frank with Russia about the consequences for their actions. We will need to stay the course and continue to use the Magnitsky Act and executive authority to further contain this dangerous regime.” “I welcome all efforts to hold Vladimir Putin accountable for his violence at home and abroad, but this package leaves much to be desired,” said Sen. Wicker. “Instead of the bold action needed to change the Kremlin’s behavior, yesterday’s sanctions represent the latest in a series of incremental steps that exact minimal costs and will have minimal effect. The longer we wait to impose real consequences for Moscow’s bad acts, the longer the Russian people will continue to suffer under Putin’s brutal authoritarian regime.” On April 15, Treasury sanctioned 16 individuals and entities that attempted to influence the 2020 U.S. presidential elections on behalf of the Government of Russia. Along with the European Union, United Kingdom, Canada, and Australia, Treasury also designated five people and three entities in connection with Russia’s occupation of Crimea and human rights abuses there. Under the authority of a new Executive Order issued by President Biden, Treasury implemented new restrictions on the purchase of Russian sovereign debt as well as targeted sanctions on technology companies engaged in malicious cyber activities against the United States.
Helsinki Commission Leaders Call on Belarusian Authorities to Release Journalists, Political PrisonersTuesday, April 13, 2021
WASHINGTON—In response to the ongoing crackdown on journalists and civil society in Belarus, including the detention of RFE/RL consultant Ihar Losik for almost 300 days on spurious charges, U.S. Helsinki Commission Chairman Sen. Ben Cardin (MD) and commission leaders Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following joint statement: “Despite Aleksandr Lukashenko’s attempt to intimidate Belarusians, the resounding call for freedom and democracy in Belarus has been heard around the world. Ihar Losik, Katsiaryna Barysevich, Dzianis Ivashyn, Katsiaryna Andreyeva, and Darya Chultsova are just a few of the brave Belarusian journalists who have been imprisoned for simply doing their jobs. “We stand in solidarity with the people of Belarus, and in admiration of the courageous journalists who provide critical information to their fellow citizens despite the serious risks they face. “We call on Mr. Lukashenko to release all political prisoners without exception, and to end the attacks against journalists, civil society, and all Belarusians peacefully exercising their rights.” Since the run-up to the fraudulent August 2020 election, and during the subsequent protests, Belarusian authorities have conducted a sweeping crackdown on journalists, civil society, and opposition politicians. Sen. Wicker immediately condemned the election results and violence against protestors in Belarus, and Rep. Alcee L. Hastings, then chairman of the Helsinki Commission, asked the U.S. administration to revoke access to the U.S. financial system for the nine largest state-owned companies in Belarus following the government’s violent suppression of peaceful protests. According to Belarusian human rights groups, there are now more than 350 political prisoners in the country. On March 31, the State Department announced that unless Belarus releases all political prisoners, the general license issued by the Treasury Department authorizing transactions with nine state-owned enterprises in Belarus will lapse in late April.
Russian Whistleblower Dr. Rodchenkov Discusses Rodchenkov Anti-Doping Act’s Impact as Tool against Corruption at Upcoming Tokyo OlympicsFriday, April 09, 2021
WASHINGTON—Dr. Grigory Rodchenkov, the former head of Moscow’s anti-doping laboratory who blew the whistle on Russia’s state-sponsored doping scheme, spoke out for the first time about the impact of the Rodchenkov Anti-Doping Act (RADA) during the latest episode of Helsinki on the Hill, the Helsinki Commission’s monthly podcast. Dr. Rochenkov called into the interview on a secure line from an undisclosed location to protect his safety and well-being. He discussed the blatant corruption that exists within the World Anti-Doping Agency (WADA), the International Olympic Committee (IOC), and the larger world of international sport. “Immediately and now, [the Rodchenkov Act] is a game changer… those people who were part of [the] conspiracy, they will tighten their security because of fear,” said Dr. Rodchenkov. “I know people who are core of the doping system...they are very clever. They are very good. Now they have some sort of Damocles sword above their heads. It’s absolutely different feelings and style of life. You were untouchable and not vulnerable before. Now you are [the] victim.” The upcoming Tokyo Olympics, slated to take place in late July after a one-year postponement, will be the first international athletic event since the passage of the Rodchenkov Anti-Doping Act (H.R. 835) last December, which established criminal penalties on individuals involved in doping fraud conspiracies affecting major international competition. The law empowers the U.S. Department of Justice for the first time to investigate and prosecute these rogue agents who engage in doping fraud, provide restitution to victims, and protect whistleblowers from retaliation. Passage of the bipartisan legislation was spearheaded by then-Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) and Commissioner Sen. Sheldon Whitehouse (RI) in the Senate and former Commissioners Rep. Sheila Jackson Lee (TX-18) and Rep. Michael Burgess (TX-26) in the House of Representatives. Dr. Rodchenkov emphasized the role of whistleblowers in exposing those complicit to the system, since by criminalizing sports doping as corruption, whistleblowers are now protected under U.S. witness protection laws. “Whistleblowers are of the paramount activity for the future fight against doping,” he said. Sen. Whitehouse has lauded Dr. Rodchenkov’s own courage as a whistleblower. “Thanks to Dr. Rodchenkov, we have a clear understanding of how Russia weaponized doping fraud as a tool of foreign policy. After his visit to the Helsinki Commission three years ago, we decided to take action against the brazen corruption of Russia and other authoritarian states,” Sen. Whitehouse said. “The new law bearing Dr. Rodchenkov’s name is an important tool for cracking down on global corruption in international sports and addressing the economic, security, and human rights issues caused by these crimes.” In 2018, Dr. Rodchenkov met with Helsinki Commissioners Sen. Ben Cardin (MD), Sen. Cory Gardner (CO), and Rep. Jackson Lee to discuss the threat posed by Russia to the United States, corruption in international sports bodies, and how the United States could contribute to the international effort to counter doping fraud.
in the news
Behind new law, the FBI is getting into anti-doping, but not everyone wants the helpFriday, April 09, 2021
Behind a new law it intends to wield like a “massive hammer,” the FBI is viewing this summer’s Tokyo Olympics as the first opportunity to expand its efforts to probe corruption in sporting events around the world. But given the reception the law received internationally when it was signed in December, the Summer Games instead might test whether U.S. investigators can expect cooperation or resistance from their global counterparts. The Rodchenkov Anti-Doping Act gives American prosecutors the ability to pursue anyone who conspires to cheat in major sporting events. Even before the law passed, Joseph Gillespie, the FBI’s unit chief overseeing transnational threats, launched the Sport and Gaming Initiative, focusing more attention and resources on investigating sports-specific crimes. He said investigators have met with Department of Justice officials and begun outreach with foreign law enforcement agencies and sports organizations to discuss ways to better police sports internationally. “We have this massive tool where it’s a codified thing that we can use to go after people,” Gillespie said. “You see lots of legislation come in, and sometimes it’s very loose and vague and not very expansive. This particular one, because of the elements, their definition of a major international sports competition, it’s quite expansive.” Born out of the Russia doping scandal, the law easily passed through Congress last year. But some international sports officials felt the United States was granting itself gratuitous powers, expanding its jurisdiction to any international sports event that includes an American athlete, is broadcast in the United States or features a sponsor that does business in the United States. The World Anti-Doping Agency railed against the bill, warning jurisdictional issues will complicate and undermine existing anti-doping efforts. The Tokyo Olympics could provide the first glimpse of how the law might be implemented, revealing the willingness of U.S. authorities to apply it, the level of cooperation they’ll receive from outside agencies and the hurdles inherent with enforcing extraterritorial laws. “These types of laws are helpful in terms of creating some kind of definition of the crimes. But their bark is often way worse than their bite,” said Mark A. Drumbl, director of the Transnational Law Institute at the Washington and Lee School of Law. “You can’t bring a case if you don’t have evidence. Without the transfer of people, information, witnesses, it leads to nothing.” The bill’s namesake, Grigory Rodchenkov, the whistleblower who helped expose the depths of the Russian scandal, said it will be needed in Tokyo, where Russia has been formally barred but dozens of Russian athletes will be allowed to compete as “neutral athletes from Russia.” In an email to The Washington Post, he said Russians “keep using doping as a weapon to test whether the international community will ever hold them to account.” “The Rodchenkov Act is now the ‘doping sword of Damocles’ hanging over the heads of the doping orchestrators who know that sooner or later they will be punished,” he said. “I do firmly believe that this law, and the U.S. Department of Justice and FBI, will bring a new day of real change, deterrence and justice to world sport.” ‘Absolutely inevitable’ Unique in the sports world, the Rodchenkov Act could be similar in practice to other extraterritorial laws, such as the RICO Act. The law equates doping with a form of fraud, victimizing athletes, sponsors and audiences who expect clean and fair competition. While the courts have helped define the reach and limits of other transnational laws, Congress tried to make the scope and reach of the Rodchenkov Act immediately clear. Paul Massaro, a policy adviser for the Helsinki Commission and a key architect of the legislation, has a background in anti-corruption, finance and trade and wanted a law that was practical and gave authorities proper guidance. In other sports-related cases — the FIFA investigation, for example — prosecutors have had to hunt for applicable pieces of the RICO and Travel acts. This law codifies the anti-doping crimes. “It is the real deal,” Massaro said. “It has real teeth, and we expect real enforcement. We expect real deterrence, and we have the capacity to do so. We’ve seen exactly this happen with all sorts of extraterritorial criminal law.” Massaro and Rodchenkov appeared this week on the “Helsinki on the Hill” podcast, one of the rare times Rodchenkov, the former head of Russia’s national anti-doping laboratory who now lives incognito in the United States, has spoken publicly. In the interview, he likened doping to a cancer that has metastasized over several years and said the world has “no remedy, no tool, no cannon or rifle to kill everything at once.” “Look, why Rodchenkov Act was inevitable? Because sport corruption and crime, they have close-link relations,” he said. “And if you take a helicopter view, what would we have in sport, we have several issues. It’s betting/gambling, sexism and doping. The first two issues, there are criminal laws and criminal things. So it was absolutely inevitable to bring criminal law enforcement into sport.” Passing a law and enforcing one are different matters. Extraterritorial criminal laws require cooperation at almost every level, Drumbl said, and even if the U.S. law is clearly defined, American authorities might need foreign support to vigorously pursue investigations. “Without the cooperation of other states — if the harm occurred somewhere else, if the information you need is somewhere else, if the wrongdoers are somewhere else — it’s just going to be hard in a practical, logistical sense to bring a case,” he said. “You need a lot of cooperation for this to work in a legal system. That’s the stuff that law makes more complicated. It’s not just politics. You’ve got to adhere to a whole set of standards.” Gillespie, too, says the FBI has had lengthy discussions with entities such as Interpol and the Council of Europe’s Network of National Platforms, in which more than 30 countries work together to probe sports competition. Known as the Group of Copenhagen, the multinational entity has relationships with organizations such as FIFA and the International Olympic Committee, and the FBI was among the agencies on-site at the 2019 Women’s World Cup, aiding real-time investigative efforts. “We need to increase our rapport and cooperation with the sporting organizations, those integrity elements,” Gillespie said. “And so to a certain extent, we have to kind of drop the FIFA in the past. That happened. We’re done. We’re not coming at you. We want to work with you to make sure that doesn’t happen within those organizations.” It’s not clear how much international sports organizations will welcome American authorities. WADA met with U.S. lawmakers last year to point out what it sees as problems with the legislation, and a spokesman said the organization’s position has not changed. “WADA as well as several governments and international sports organizations remain concerned that the Act could have a number of negative unintended consequences for the fight against doping in sport around the world,” WADA’s James Fitzgerald said in an email. “WADA continues to be ready and willing to assist the U.S. authorities in devising how best to implement the positive aspects of the Act without destabilizing the harmonized global anti-doping system.” Massaro said U.S. authorities won’t necessarily need the aid of organizations such as WADA to bring charges against bad actors. He notes that the Russian scandal unfolded under the watch of WADA and the IOC yet Russian athletes are still allowed to compete internationally. “The necessity will be minimal,” he said, “and honestly, in my opinion, it should be kept to a minimum. These organization are compromised, and they are part of the problem.” A test in Tokyo The FBI has been active in sports investigations in the past, but in establishing the Sport and Gaming Initiative last year, Gillespie said the agency was realigning resources, educating field offices and firming up relationships with sports organizations. In addition to international doping, he said, the FBI will have an interest in potential match-fixing and gambling-related crimes. He added the college sports arena could be especially vulnerable to corruption. He wants domestic and international leagues to know the FBI intends to be active in this space and hopes the network of extraterritorial laws discourages wrongdoers. He said the Justice Department’s Organized Crime and Gang Section has indicated an interest in pursuing cases built off the Rodchenkov Act. Justice Department officials did not respond to requests to comment. “Obviously, the application of it will be key,” Gillespie said of the new law. “The first couple of cases that come under it are going to be very key for setting a precedent on the interpretation of it.” It’s not clear what the FBI presence might be at the Tokyo Games. At the Women’s World Cup, the Group of Copenhagen operated a mini command post, which included the FBI and other agencies, and Gillespie said, “We want to see if we can apply that towards the Olympics and these other major institutions. “We feel that it would be a good selling point for the International Olympic Committee for them to advertise that there’s an integrity element as part of those Games,” he said. “… We’ll have to present that under the international umbrella because they may be fearful of us coming at them directly.” With competition schedules scuttled and training upended during the coronavirus pandemic, drug testing has been inconsistent throughout the sports world for more than a year, ramping up fears that the Tokyo Games will be ripe for abuse. Massaro said these Olympics amount to a “very, very serious test” and everyone will be looking to see if the United States is serious about assuming a role as a global watchdog. “If Russia is going to test the waters and do in Tokyo what they’re doing in Ukraine right now — testing the Biden administration by heating up conflict — they’ll want to test it in Tokyo, and we’ll have to be ready to push back with this law,” Massaro said.
Senator Ben Cardin Returns to Lead Helsinki CommissionWednesday, March 24, 2021
WASHINGTON—The Presiding Officer, on behalf of the Vice President, yesterday announced the appointment of Sen. Ben Cardin (MD) as chair of the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, throughout the 117th Congress. "For 45 years, the Helsinki Commission has tirelessly defended human rights and democratic institutions at home and abroad. It has promoted the enduring value of multilateralism and fought to ensure that the United States lives up to our core values, remaining a beacon of hope to those who are oppressed. However, the most trying time in our history may be ahead of us,” said Chairman Cardin. Over the past year, the world has suffered the crippling impact of COVID-19, which has disproportionately affected our most vulnerable citizens and allowed some governments to exploit the pandemic to limit fundamental freedoms. Racist violence has once again reared its ugly head in many OSCE participating States, including our own. Corruption threatens peace, prosperity, and human rights across the region, and the Kremlin remains intransigent in its overt violence against its neighbors as well as its covert attempts to undermine democratic institutions elsewhere. These challenges may seem daunting, but my fellow commissioners and I will always fight to promote human rights and fundamental freedoms, encourage tolerance within societies, battle corruption, and defend the principles of liberty and sovereignty.” Chairman Cardin has been a Helsinki Commissioner since 1993 and previously chaired the commission in the 111th and 113th Congresses. He is an outspoken champion for human rights and throughout his career in public service has advocated for accountability and transparency measures to promote good governance and to combat corruption. Since 2015, Chairman Cardin has served as the Special Representative on Anti-Semitism, Racism, and Intolerance for the OSCE Parliamentary Assembly. Chairman Cardin is the lead author of the Sergei Magnitsky Human Rights Accountability Act, a law that imposes sanctions on Russian individuals and entities responsible for the death of Russian lawyer, Sergei Magnitsky, as well as individuals who commit gross violations of human rights against rights defenders in Russia. He also authored the Global Magnitsky Human Rights and Accountability Act, which gives the United States the power to deny travel and banking privileges to individuals worldwide who commit gross violations of human rights against rights defenders and dissidents, and leaders who commit acts of significant corruption. Most recently, Chairman Cardin and Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) introduced the Countering Russian and Other Overseas Kleptocracy (CROOK) Act, which would establish an anti-corruption action fund to provide extra funding during historic windows of opportunity for reform in foreign countries and streamline work strengthening the rule of law abroad. Chairman Cardin also is one of the lead authors of Section 1504 of the Dodd-Frank Act, also known as the Cardin-Lugar Energy Security Through Transparency Act. The provision requires extractive companies listed on U.S. stock exchanges to disclose, in their SEC filings, payments made to governments for oil, gas and mining. Revenue transparency increases energy security and creates U.S. jobs by reducing the operating risk U.S. companies face. It also provides information so that people in resource-rich countries can hold their leaders accountable for the money made from their oil, gas and minerals.
in the news
Corruption Is a National Security Threat. The CROOK Act Is a Smart Way to Fight It.Tuesday, March 23, 2021
Not long ago, America’s greatest adversaries were bound together by communist ideology. Today, they most often are defined by political corruption—authoritarian leaders using the levers of government to enrich themselves and ward off political opponents. Corrupt leaders cling to power through patronage networks and exploit rule-of-law jurisdictions, like the United States, to conceal and protect their stolen assets. These leaders are also accustomed to using strategic corruption as a tool of foreign policy. Corruption has its most perverse effects on the people who are forced to live under it. Corruption undermines democracy, hollows out the rule of law, and prevents the efficient and fair delivery of government services, as evidenced in the scandals affecting certain pandemic response efforts. Corruption also fuels the rise of authoritarian opportunists who seek to exploit social divisions, restrict freedom, and use public office for personal gain. Corruption also poses a wider threat to American democracy and prosperity, and to the prosperity of our allies. Almost every major transnational threat—such as human trafficking, black markets, and terrorism—is inextricably linked to corruption. Slowly but surely, the fight against corruption is gaining momentum worldwide. In Russia, corruption exposed by activist Alexei Navalny has sparked mass protests against a political elite that systematically steals from them. In the past three years alone, outrage against corruption has fueled protests in 32 countries. Despite these encouraging signs, opportunities to root out corruption remain rare—and when they arise, the window for action closes quickly. To have maximum impact in this fight, the United States needs to be ready to assist anti-corruption reformers on short notice. Seizing Opportunities for Reform The United States currently spends about $115 million a year on global anti-corruption programs. To put this in perspective, we spend $9.5 billion annually on global health assistance programs. Unfortunately, many of the funds we put toward anti-corruption efforts get trapped in multi-year technical programs that are unable to respond nimbly to sudden opportunities for governance reform. Scholars and practitioners have demonstrated that rapid action is crucial to making corruption reforms stick. When the rare window for reform opens, reformers must act quickly and boldly to capitalize on public momentum and prevent old-guard cronies from reasserting their influence. If the United States does not compete in these environments, fledging reformers will have an even harder time succeeding, and authoritarian kleptocrats will gain ground. The United States needs to be proactive in developing strategic relationships and agile programs that will keep us relevant in moments of historic opportunity. Last month, we introduced the Countering Russian and Other Overseas Kleptocracy (CROOK) Act to upgrade America’s anti-corruption efforts by targeting kleptocracy at the source. The CROOK Act would create an anti-corruption action fund to help activists leverage public sentiment to achieve lasting reform, without any additional cost to taxpayers. The fund would be financed through a $5 million surcharge on entities found liable for $50 million or more in criminal fines and penalties under the Foreign Corrupt Practices Act (FCPA). Based on data from the last 10 years, this bill would put an additional $16 million per year toward global anti-corruption work. Funds would continue to accrue until a historic window of opportunity opens, at which point funds would be rapidly deployed to help establish the rule of law. Imagine if the United States had been able to inject more anti-corruption resources into Ukraine after the Revolution of Dignity in 2014, or Armenia after the 2018 Velvet Revolution, or Malaysia after its 2018 election. If the United States had been ready with an anti-corruption action fund, we could have dramatically amplified the work of courageous reformers to establish lasting change, and ultimately make the United States more secure. Leveraging FCPA fines and penalties to fight global anti-corruption is a long-overdue shift. The FCPA, passed in 1973, makes it illegal for a U.S. business to pay a bribe abroad and collects enormous fines and penalties every year—often in the billions of dollars. Yet historically, these fines have gone exclusively to the U.S. Treasury rather than being recycled into anti-corruption efforts. On issues like human trafficking and child pornography, the U.S. government already uses some money collected from perpetrators to aid victims and help fight the crimes committed against them. It is time for a similar approach to fighting corruption. Enhancing FCPA Enforcement The FCPA represents America’s commitment never to export corruption abroad. This draws a stark contrast with kleptocratic powers like China, a nation that exports corruption skillfully and aggressively through its Belt and Road Initiative. Regrettably, vigorous enforcement of the FCPA—though fully legal—has been a sticking point with some allies, who falsely claim it is a means to line American pockets. The CROOK Act would undercut these claims by redirecting a portion of fines and penalties collected to help U.S. partners fight corruption. The CROOK Act would also rebut a longstanding critique of the FCPA: that the U.S. unfairly targets private companies for offering bribes rather than targeting the source of demand for those bribes among foreign officials. The CROOK Act would create a more holistic approach by helping establish rule-of-law structures that would restrain officials from seeking bribes, resulting in a more level playing field for American businesses. The world’s most prominent anti-corruption advocates have all endorsed the CROOK Act, including Transparency International USA and the Financial Accountability and Corporate Transparency (FACT) Coalition. Like much of the legislation that has emerged from the U.S. Helsinki Commission on which we serve, this bill enjoys bipartisan support in both the House and the Senate. Fighting corruption is an imperative for the United States. As a beacon of liberty and the rule of law, it is our duty and the purest expression of our values. It is also a highly practical form of soft power that advances our national security. Allocating the right resources for this fight is a small price to pay for advancing good governance abroad and creating a more stable world. Passing the CROOK Act would be decisive step in the right direction.
Helsinki Commission Leaders on Intelligence Report Outlining Foreign Attempts to Influence 2020 ElectionThursday, March 18, 2021
WASHINGTON—Following the release of a U.S. intelligence report outlining foreign efforts to influence the 2020 U.S. elections, including by the Kremlin, Helsinki Commission leaders Rep. Alcee L. Hastings (FL-20), Rep. Joe Wilson (SC-02) and Sen. Ben Cardin (MD) issued the following statements: “The Kremlin wants to sow uncertainty, chaos, and disorder in the United States and uses weapons of influence and disinformation to strike when we are most divided and vulnerable,” said Rep. Hastings. “International election observers noted earlier reports of foreign actors engaged in disinformation campaigns designed to degrade public confidence in the U.S. electoral process. Although the 2020 elections were free and fair, we cannot be complacent. We must strengthen our society and institutions against further attacks on our sovereignty.” “The Kremlin’s mobilization of bots, trolls, and agents of influence to exploit pre-existing divisions in American society and further polarize discourse will not stop with our most recent elections,” said Rep. Wilson. “America’s best defense will continue to be informed citizens, continued vigilance from the U.S. intelligence community, and sanctions and other punishments on those who seek to undermine our institutions.” “Reports of the Kremlin’s efforts to influence our elections and undermine faith in our democracy are troubling,” said Sen. Cardin. “We must be vigilant against such threats, not only in the United States, but wherever Putin attempts to strike next. Working with allies around the globe to bolster our defenses against malign disinformation campaigns is vital to safeguard our foreign policy and security interests.” On March 16, the Office of the Director of National Intelligence released an unclassified version of a report assessing the scope of foreign threats to the 2020 U.S. elections. The intelligence community assessed that Russian president Vladimir Putin authorized “influence operations aimed at denigrating President Biden's candidacy and the Democratic Party, supporting former President Trump, undermining public confidence in the electoral process and exacerbating sociopolitical divisions in the United States.” The campaign, implemented by various Kremlin entities, focused on the use of proxies tied to Russian intelligence who peddled influence narratives in media and within the Trump administration. In September 2020, the Treasury Department imposed sanctions on one of the individuals mentioned in the report, Ukrainian parliamentarian Andriy Derkach. The report notes no attempts to interfere in technical aspects of the voting process.
The Ongoing Importance of the Work of the U.S. Helsinki CommissionTuesday, March 16, 2021
Madam Speaker, I rise today to discuss the work of the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission and its continued importance in addressing challenges in our country and abroad. For over four decades, the Helsinki Commission has championed human rights, democracy, and comprehensive security across the 57 North American, European, and Central Asian countries that make up the region of the Organization for Security and Cooperation in Europe (OSCE). As Chair of the Helsinki Commission during the 116th Congress, I worked with my House and Senate colleagues to continue the Commission's longstanding efforts to monitor participating States compliance with the Helsinki Accords. The importance of election observation in our country and abroad, restorative justice, the safety of journalists, and the global impact of George Floyd's tragic death on racial justice efforts were just some of the issues the Commission addressed last Congress, in addition to our continued focus on Russia, Ukraine, the Balkans and continued democratic development in the region. As we continue our work of the 117th Congress, I invite you to review the report: "Retrospective On The 116th Congress'' at https://www.csce.gov/international-impact/retrospective-116th-congress and http://www.csce.gov/sites/helsinkicommission.house.gov/files/116th%20Congress%20Report%20Final.pdf. This report summarizes the Commission's activities, as well as recommendations critical for the continued promotion of democracy and U.S. national security. Madam Speaker, I look forward to continuing this critically important work during the 117th Congress.
U.S. Election Practices: An International PerspectiveTuesday, March 16, 2021
Madam Speaker, this chamber recently passed H.R. I, the "For the People Act,'' significant legislation making it easier for American citizens to vote in U.S. elections and improve transparency and accountability in our election process. The White House also recently announced a new executive order to assist this effort. These are positive developments that I welcome and support, but, as we all know, not everything regarding the conduct of elections can be done at the federal level. Unfortunately, many state legislatures are now undertaking efforts that would make it more difficult for eligible Americans to participate in the electoral process and vote. As Chair and in the leadership of the Helsinki Commission, I have supported the positive steps we are trying to take on this issue, yet I remain deeply concerned about those who want to move our country backward. Perhaps it would help our debate to look at the conduct of the 2020 U.S. elections from an international perspective, including the conduct of elections in conformity with international commitments first proposed and advocated by the United States more than 30 years ago. The United States has been one of five countries thus far where the OSCE Parliamentary Assembly has observed elections during the unprecedented challenges of the pandemic, and a German parliamentarian reported on its findings on February 26. He did not point fingers at us and accuse. He mentioned the positive as well as the negative. He is clearly a friend who cares, as most of the OSCE observers undoubtedly were. As a previous election observer in the OSCE region, I can also attest, that the code of conduct makes it is extremely unlikely that the OSCE election observation could be steered in support of any particular agenda other than better democracy. I therefore want to commend to my colleagues the full OSCE Final report "United States of America General Elections, 3 November 2020, ODIHR Limited Election Observation Mission," which can be found at https://www.osce.org/files/f/documents/7/7/477823_2.pdf. It offers an important perspective on our elections from persons who rightly care about the process, not the result. They have observed not only our elections since 2002 but elections in dozens of other countries on a regular basis. The issues raised in the report are the same issues we Americans debate here in Washington, in our state capitals and through the media. I take the conclusions and recommendations, including criticisms, in this election observation report seriously. It serves as a helpful guide on what next steps we should take to improve our electoral system. I believe our election officials and state legislators should read this report; indeed, I recommend it to any American who cares about his or her country. It is a broad snapshot of our entire, complex electoral system. Several of the priority recommendations in the report deal with voting rights and voter identification. Specifically, it says that "authorities should review existing measures to further reduce the number of unregistered voters, including addressing burdensome procedures and obstacles faced by disadvantaged groups.'' It also says that "states should make every effort to ensure that voter identification requirements are equally accessible to all voters.'' It also makes specific recommendations regarding specific groups of American citizens. We do not need to agree about every conclusion and recommendation in this report to take it seriously. It is a contribution to our debates from a unique perspective. Moreover, our acceptance of international observation serves a useful function in our foreign policy. OSCE election observation has encouraged practices giving voters a real choice in numerous other countries, many of which were once repressive, one-party communist states but are now our friends and even, in some cases, allies. The United States initiated this effort with the OSCE and contributes significantly to election observation missions elsewhere, providing the expertise that comes with our experience. If we are to encourage other governments to take this effort seriously and implement recommendations, we need to set the example ourselves. Unfortunately, several U.S. states greatly restrict or even prohibit international observation. This is something which must change as we prepare for mid-term elections in 2022 and general elections in 2024.
Ten-Member Congressional Delegation Demonstrates Ongoing U.S. Engagement With the OSCEFriday, March 05, 2021
By Bob Hand, Senior Policy Advisor Approximately 270 parliamentarians from across the OSCE region gathered virtually from February 24 – 26 for the OSCE Parliamentary Assembly’s Winter Meeting, the first statutory meeting of the Assembly held since the COVID-19 pandemic limited inter-parliamentary diplomacy to online gatherings. The ongoing impact of COVID-19 on security, the economy, the environment and the human rights and democratic development of the 57 OSCE States remained the focus of the annual gathering. Supported by the U.S. Helsinki Commission, the U.S. Delegation remained actively engaged, fielding a bicameral, bipartisan delegation of 10 Members of Congress who participated remotely in the debates. Sen. Ben Cardin (MD) served as Head of the U.S. Delegation. The OSCE Parliamentary Assembly (PA) is an independent institution of the Organization for Security and Cooperation in Europe (OSCE) created in 1991 for parliamentarians to complement the inter-governmental work of the 57 participating States. Unlike other OSCE bodies, countries are represented based on population rather than each having a single seat at the table (the United States has the largest representation with 17 seats), and decision-making is based on a majority vote rather than consensus. The Annual Session each summer is the principal gathering, with a Winter Meeting in February and an Autumn Meeting in October to initiate and conclude the year’s work. Despite a busy congressional schedule, the members of the U.S. Delegation successfully raised critical country, issue, and institutional concerns, including the attempted poisoning and incarceration of Alexei Navalny, Russian aggression in Ukraine, the brutal crackdown in Belarus and corruption and authoritarian tendencies elsewhere in the OSCE region. Active U.S. engagement demonstrates the depth of U.S. commitment to European security, and reflects the importance of the OSCE PA as a vehicle for advancing U.S. interests and building support on issues like human trafficking, attacks on the media, manifestations of anti-Semitism, racism and intolerance, as well as country-specific concerns. Such a large delegation of Members of Congress reflected the diversity of opinion in the United States, setting an example of openness and honesty for others to follow, deflecting accusations of double standards on U.S. performance, and strengthening the message on human rights concerns in other countries where the Members of Congress can and do express a united view. Improvising Engagement Amid Pandemic Since 2002, Winter Meetings have been held in Vienna, Austria to facilitate direct interaction among parliamentarians, OSCE officials, and diplomatic representatives of the OSCE participating States. The Winter Meeting also allows the Assembly’s general committees to discuss work for the coming year. The outbreak of the COVID pandemic in early 2020 forced the cancellation of the Annual Session scheduled for July in Vancouver and the Autumn Meeting scheduled for October in San Marino. Without rules dealing with such situations, the OSCE PA Secretariat maintained inter-parliamentary engagement by organizing a dozen or more inter-parliamentary web dialogues from April into November to substitute for the traditional gatherings. While no replacement for traditional meetings, these unofficial events provided needed continuity and contact among delegates. First the first time in the history of the OSCE PA, no annual declaration was adopted, but the then-Assembly President George Tsereteli provided summaries of the web debates on relevant issues, a record of dialogue even in the midst of pandemic. The OSCE PA resumed election observation where possible and responded to political impasse within the OSCE itself by issuing a “Call for Action” urging a reaffirmation of the organization’s once common purpose. For 2021, the OSCE PA has been seeking to resume its regular meeting schedule, although conditions still required the Winter Meeting to be held remotely. Five sessions were scheduled during hours that best accommodated participants across some 16 time zones, from Vancouver to Ulaanbaatar. At the meeting of the Heads of Delegation, known as the Standing Committee, it was announced that the 2021 Annual Session would be unable to be held in person as planned in Bucharest, Romania, in early July. As a result, the Standing Committee amended the Assembly’s rules of procedure to allow statutory meetings to go forward online, including permitting elections for OSCE PA officers and other decisions to be handled remotely. Maintaining Focus on Substantive Issues and Concerns Beyond scheduling and procedures, the Standing Committee also looked at substance. Following reports from current OSCE PA President Peter Lord Bowness (United Kingdom), Secretary General Roberto Montella (Italy), and OSCE PA Special Representatives appointed to address particular concerns, there were heated exchanges between Azerbaijan and Armenia regarding Nagorno-Karabakh, as well as on Russian aggression against Ukraine and the brutal crackdown on protesting opposition in Belarus—issues that would be raised repeatedly throughout the meeting. Sen. Cardin, attending not only as Head of Delegation but also as Special Representative on Anti-Semitism, Racism and Intolerance, delivered a report on his activities, as did Rep. Chris Smith (NJ-04), who serves as the Special Representative on Human Trafficking Issues. “The coronavirus pandemic has created an unprecedented health crisis in the OSCE region, exacerbated by pre-existing inequities and disproportionately impacting people of color. Heightened anti-Asian discrimination, anti-Semitic conspiracy theories, and violent attacks targeting diverse populations have followed… My report details a response to these developments, as well as the global racial justice movement spurred by the tragic death of George Floyd.” Sen. Ben Cardin (MD), Head of U.S. Delegation, U.S. Helsinki Commission Rep. Smith noted, “Traffickers did not shut down during the pandemic—they simply adapted their methods. Meanwhile, vulnerable people were made even more vulnerable by both the virus and its deleterious impact on the global economy… As we worked to address these challenges, it was crucial to have information and recommendations based on real, concrete data.” The Joint Session of the General Committees effectively served as the opening plenary. President Bowness opened the session with a defense of principled-based dialogue, and guest speakers included Ann Linde, Sweden’s foreign minister and this year’s OSCE Chair-in-Office, as well as Helga Schmid (Germany), the OSCE’s new Secretary General. The chairperson outlined plans for 2021, asserting that the she will “prioritize the comprehensive concept of security across all three dimensions,” namely the Security, Economic and Human Dimension, which she argued “contributes to making the OSCE truly unique.” The Secretary General expressed her hopes to provide needed support for the organization and its mission, and she credited the OSCE PA for bringing emerging security issues into the OSCE debate. Sen. Cardin thanked the Assembly and its parliamentarians for their expressions of concern and support for the United States in light of efforts to delegitimize the November 2020 presidential elections and the related violent mob attack on the U.S. Capitol in January 2021. He also expressed support for the comments of Lord Bowness and the priorities announced by the Swedish Chair-in-Office, including to have the Human Dimension Implementation Meeting in 2021. “We must challenge those who are seeking to weaken the OSCE or aren’t living up to their commitments. That’s our priority as parliamentarians … and we must as parliamentarians support the mission of the OSCE and help strengthen it through our actions and our capitals,” he said. Finally, speaking on behalf of Rep. Alcee Hastings (FL-20), who was unable to attend, Sen. Cardin asked the Swedish chair about how the OSCE can engage Armenia and Azerbaijan in order to address outstanding issues and encourage a return to the Minsk Group settlement process to achieve a sustainable resolution of the conflict. Taking a Closer Look at the Security, Economic and Human Dimensions of OSCE Following the Joint Session, each of the three General Committees heard from OSCE officials in their respective fields, or dimensions, of OSCE work. Presenters included the ambassadors serving as chairs of the counterpart committees of the OSCE’s Permanent Council and the head of the OSCE’s Special Monitoring Mission in Ukraine. The three committees also heard from their respective rapporteurs on plans for drafting substantive reports that will be the basis of further activity at the Annual Session. Rep. Richard Hudson (NC-08), who chairs the General (First) Committee on Political Affairs and Security, noted the myriad of security and political issues confronting the OSCE during the past year, including the war in Ukraine, conflict in Nagorno-Karabakh, and political turmoil in countries of concern like Russia, Belarus, and most recently Georgia. “Our engagement with critical issues in the OSCE space has been consistent and impactful,” he concluded. Speaking during the session, Acting U.S. Assistant Secretary of State Phil Reeker called the erosion of the European security environment the “biggest challenge we face today in the organization” and highlighted U.S. plans for the Forum for Security Cooperation (FSC) during its four-month chairmanship. The Acting Permanent Representative of the United States to the OSCE and FSC chair, senior diplomat Courtney Austrian, was present for the discussion. Sen. Roger Wicker (MS) took the floor during subsequent debate to condemn Russian violations of Helsinki Principles in its aggression in Ukraine. He said that “Moscow must withdraw proxies in eastern Ukraine” and “respect Ukraine’s territorial integrity,” asserting that relevant sanctions will remain in place until that happens. Rep. Steve Cohen (TN-09) also responded to an intervention on youth and drugs by a delegate from Belarus, arguing that citizens need to be given greater freedom if young people are to feel a commitment to the country. Three other Members of Congress participated in the session of the General (Second) Committee on Economic Affairs, Science, Technology and the Environment, which covered issues ranging from corruption to climate change. Rep. Brian Fitzpatrick (PA-01) focused on addressing corruption. “It should come as no surprise to anyone … that legislatures have one of the most important roles to play in combating corruption—that of establishing a transparent and accountable legal and financial framework that empowers law enforcement officials and is maximally resistant to fraud,” he said. Sen. Sheldon Whitehouse (RI) said that the United States “is back” in efforts to combat climate change and noted recent U.S. legislation designed to address shell companies that support a global dark economy by sheltering “assets of thieves.” Rep. Gwen Moore (WI-04) spoke about the devastating impact of the pandemic on women in the healthcare industry as well as on small business, and she expressed concern about risks to supply chains and business ties to both China and Russia. Three Members of Congress also participated in of the General (Third) Committee on Democracy, Human Rights and Humanitarian Questions. Rep. Cohen asserted that human rights has reclaimed its place in U.S. foreign policy, and emphasized human rights in concerns in Russia, Belarus, and Hungary. He expressed particular concern about the poisoning and recent arrest of Russian opposition figure Alexei Navalny and called for Belarus to release political prisoners and to hold elections with OSCE observers. Rep. Marc Veasey (TX-33) took the floor in a later debate, responding to a report on the OSCE’s observation of the U.S. general elections in November 2020. He stressed the need for U.S. states that currently prohibit or restrict international observation to consider a more open approach and concluded that “our election officials and state legislators should read this report,” along with “any American who cares about his or her country. It is a broad snapshot of our entire electoral complex system that we have here.” Rep. Robert Aderholt (AL-04) raised concerns about discriminatory restrictions on religious assembly during the pandemic, as well as on the diminishing free media environment in many participating States. “Press freedom in the OSCE region has continued to decline as some governments are using economic, legal, and extra-legal tools to silence independent media and also to bolster loyal outlets and dozens of journalists are imprisoned in the OSCE region,” he said. “We’ve seen that in Russia, we’ve seen that in Belarus, we’ve seen that in Turkey, detaining scores of journalists in recent national protests.” There was one side event held in conjunction with the Winter Meeting, organized by the Norwegian Helsinki Committee in cooperation with the Lithuanian Mission to OSCE. Seven panelists in two sessions highlighted how international instruments—such as the Moscow Mechanism, Magnitsky-like legislation, the International Criminal Court, the European Court of Human Rights, and the promotion of a universal criminal jurisdiction—could increase accountability of state actors, support Belarus’ democracy movement, and deny financial safe havens to Russian kleptocrats. Belarusian opposition leader Sviatlana Tsikhanouskaya and Boris Nemtsov Foundation for Freedom chairman Vladimir Kara-Murza were among the event panelists. Assessing the Effort The virtual three-day, five-session Winter Meeting could not replace an in-person gathering in Vienna, a point frequently made by the parliamentarians themselves. However, it did allow for a resumption of constructive debate in the general committees and interaction among parliamentarians and other OSCE institutions, paving the way for a return to more traditional work as the year progresses. The need to cancel the Annual Session planned for July in Bucharest was a major disappointment, but the adoption of rules governing such emergency situations now permit some continuity of effort.
Helsinki Commission Leaders Welcome Sanctions on Russian Officials Implicated in Crimes against NavalnyWednesday, March 03, 2021
WASHINGTON—Following Tuesday’s announcement that the United States will impose sanctions on seven senior Russian figures implicated in Alexei Navalny’s poisoning and imprisonment, Helsinki Commission leaders Rep. Alcee L. Hastings (FL-20), Sen. Roger Wicker (MS), Rep. Joe Wilson (SC-02) and Sen. Ben Cardin (MD) issued the following statements: “Our actions signal that we continue to stand with the Russian people,” said Rep. Hastings. “The United States will always defend those like Mr. Navalny who battle against the oppression of their fellow citizens, fight for basic freedoms, and offer a path to democracy.” “The Kremlin’s attacks on Mr. Navalny are meant to serve as a warning to any Russian who dares to defy Putin,” said Sen. Wicker. “The United States will not tolerate such threats against the human rights and fundamental freedoms of the Russian people without imposing serious consequences to deter Putin and his criminal regime.” “The Kremlin will insist that sanctions are anti-Russian. On the contrary, there is nothing more anti-Russian than authorities who cheat, harm, and steal from their fellow citizens,” said Rep. Wilson. “These sanctions provide a concrete check on the bad acts of Putin’s flunkies.” “Only in a free Russia can justice truly be served. Sanctioning perpetrators of the crimes against Mr. Navalny is a necessary first step,” said Sen. Cardin. “We must make it clear that the United States and our allies will not tolerate attempts by the Kremlin to silence its critics—whether through assassination, imprisonment, or harassment.” In August 2020, Alexei Navalny was the victim of an assassination attempt by the Russian FSB that used a Russia-developed chemical weapon in the Novichok family. He spent months recovering after being flown to Berlin for treatment. Navalny returned to Moscow on January 17, 2021, and immediately was arrested. On February 2, a Russian judge sentenced Navalny to three and a half years in a prison colony for violating the terms of a suspended sentence related to a 2014 case that the European Court of Human Rights deemed arbitrary and unreasonable. Previous time served under house arrest reduced his prison time to two years and eight months. Navalny is likely to serve the remainder of his sentence at one of Russia’s most notorious penal colonies in the Vladimir region, about three hours east of Moscow.
Helsinki Commission Leaders Slam Detention of Georgian Opposition Leader Nika MeliaTuesday, February 23, 2021
WASHINGTON—Following the February 23 detention of Georgian opposition leader Nika Melia by authorities, Helsinki Commission leaders Rep. Alcee Hastings (FL-20), Sen. Roger Wicker (MS), Rep. Joe Wilson (SC-02), and Sen. Ben Cardin (MD) issued the following joint statement: “As a participating State of the Organization for Security and Cooperation in Europe, Georgia has committed to respecting democratic institutions, human rights, and the rule of law. “Storming the headquarters of an opposing political party and arbitrarily detaining its leader is not in keeping with democratic progress. We urge the Government of Georgia to release Nika Melia, deescalate the crisis, and recommit to dialogue rather than aggression.”
Cardin, Wicker Introduce Bill to Counter Corruption and Promote Good GovernanceThursday, February 04, 2021
WASHINGTON—U.S. Senator Ben Cardin (D-Md.) and Senator Roger Wicker (R-Miss.), incoming Chair of the U.S. Helsinki Commission and Co-Chair, respectively, have re-introduced legislation that would elevate the federal government’s anti-corruption activities. S.158, the Countering Russian and Other Overseas Kleptocracy Act, or CROOK Act, would establish an anti-corruption action fund to provide extra funding during historic windows of opportunity for reform in foreign countries and streamline work strengthening the rule of law abroad. “Vladimir Putin and other kleptocrats around the world seek to undermine democracy and hollow out the rule of law for their own personal gain. This bipartisan legislation would provide the authority and resources required to fight back against these reprehensible regimes,” said Senator Cardin, a senior member of the Senate Foreign Relations Committee. “Countering corruption and promoting good governance is a national security priority.” “There is no better indicator of the need to confront corruption around the world than Vladimir Putin’s disgraceful actions against democratic activist Alexei Navalny,” Senator Wicker said. “By targeting individual wrongdoers, this legislation would help to counter the influence of corrupt actors on the world stage, whether they be from Russia, China, or Venezuela. Any steps we can take to crack down on illegal practices and strengthen the rule of law are welcome.” The anti-corruption action fund established in the Cardin-Wicker legislation would assist countries where U.S. assistance could significantly increase the chances of successfully transitioning to democracy, combating corruption, and establishing the rule of law. For example, Ukraine in 2014, Ethiopia after the election of a new Prime Minister who instituted important reforms in 2018, or Armenia after the December 2018 parliamentary election. This no-year fund would establish a mechanism to allocate aid and take advantage of ripened political will more quickly. The monies for this fund would derive from a $5 million surcharge to individual companies and entities that incur Foreign Corrupt Practices Act (FCPA) criminal fines and penalties above $50 million. S.158 also would establish several complementary mechanisms to generate a whole-of-government approach to U.S. efforts to strengthen the rule of law abroad. These include an interagency taskforce; the designation of embassy anti-corruption points of contact to liaise with the task force; reporting requirements designed to combat corruption, kleptocracy, and illegal finance; and a consolidated online platform for easy access to anti-corruption reports and materials.
Mr. Speaker, I move to suspend the rules and agree to the concurrent resolution (H. Con. Res. 397) voicing concern about serious violations of human rights and fundamental freedoms in most states of Central Asia, including substantial noncompliance with their Organization for Security and Cooperation in Europe (OSCE) commitments on democratization and the holding of free and fair elections, as amended.
The Clerk read as follows:
H. Con. Res. 397
Whereas the states of Central Asia--Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan--have been participating states of the Organization for Security and Cooperation in Europe (OSCE) since 1992 and have freely accepted all OSCE commitments, including those concerning human rights, democracy, and the rule of law;
Whereas the Central Asian states, as OSCE participating states, have affirmed that every individual has the right to freedom of thought, conscience, religion or belief, expression, association, peaceful assembly and movement, freedom from arbitrary arrest, detention, torture, or other cruel, inhuman, or degrading treatment or punishment, and if charged with an offense the right to a fair and public trial;
Whereas the Central Asian states, as OSCE participating states, have committed themselves to build, consolidate, and strengthen democracy as the only system of government, and are obligated to hold free elections at reasonable intervals, to respect the right of citizens to seek political or public office without discrimination, to respect the right of individuals and groups to establish in full freedom their own political parties, and to allow parties and individuals wishing to participate in the electoral process access to the media on a nondiscriminatory basis;
Whereas the general trend of political development in Central Asia has been the emergence of presidents far more powerful than other branches of government, all of whom have refused to allow genuine electoral challenges, postponed or canceled elections, excluded serious rivals from participating in elections, or otherwise contrived to control the outcome of elections;
Whereas several leaders and governments in Central Asia have crushed nascent political parties, or refused to register opposition parties, and have imprisoned and used violence against, or exiled, opposition figures;
Whereas in recent weeks fighting has erupted between government troops of Kyrgyzstan and Uzbekistan and members of the Islamic Movement of Uzbekistan;
Whereas Central Asian governments have the right to defend themselves from internal and external threats posed by insurgents, radical religious groups, and other anti-democratic elements which employ violence as a means of political struggle;
Whereas the actions of the Central Asian governments have tended to exacerbate these internal and external threats by domestic repression, which has left few outlets for individuals and groups to vent grievances or otherwise participate legally in the political process;
Whereas in Kazakhstan, President Nursultan Nazarbaev dissolved parliament in 1993 and again in 1995, when he also annulled scheduled Presidential elections, and extended his tenure in office until 2000 by a deeply flawed referendum;
Whereas on January 10, 1999, President Nazarbaev was reelected in snap Presidential elections from which a leading challenger was excluded for having addressed an unregistered organization, `For Free Elections,' and the OSCE assessed the election as falling far short of international standards;
Whereas Kazakhstan's October 1999 parliamentary election, which featured widespread interference in the process by the authorities, fell short of OSCE standards, according to the OSCE's Office of Democratic Institutions and Human Rights (ODIHR);
Whereas Kazakhstan's parliament on June 22, 2000, approved draft legislation designed to give President Nazarbaev various powers and privileges for the rest of his life;
Whereas independent media in Kazakhstan, which used to be fairly free, have been pressured, co-opted, or crushed, leaving few outlets for the expression of independent or opposition views, thus limiting the press's ability to criticize or comment on the President's campaign to remain in office indefinitely or on high-level corruption;
Whereas the Government of Kazakhstan has initiated, under OSCE auspices, roundtable discussions with representatives of some opposition parties and public organizations designed to remedy the defects of electoral legislation and now should increase the input in those discussions from opposition parties and public organizations that favor a more comprehensive national dialogue;
Whereas opposition parties can function in Kyrgyzstan and parliament has in the past demonstrated some independence from President Askar Akaev and his government;
Whereas 3 opposition parties in Kyrgyzstan were excluded from fielding party lists and serious opposition candidates were not allowed to contest the second round of the February-March 2000 parliamentary election, or were prevented from winning their races by official interference, as cited by the OSCE's Office of Democratic Institutions and Human Rights (ODIHR);
Whereas a series of flagrantly politicized criminal cases after the election against opposition leaders and the recent exclusion on questionable linguistic grounds of other would-be candidates have raised grave concerns about the fairness of the election process and the prospects for holding a fair Presidential election on October 29, 2000;
Whereas independent and opposition-oriented media in Kyrgyzstan have faced serious constraints, including criminal lawsuits by government officials for alleged defamation;
Whereas in Tajikistan, a civil war in the early 1900s caused an estimated 50,000 people to perish, and a military stalemate forced President Imomaly Rakhmonov in 1997 to come to terms with Islamic and democratic opposition groups and agree to a coalition government;
Whereas free and fair elections and other democratic steps in Tajikistan offer the best hope of reconciling government and opposition forces, overcoming the legacy of the civil war, and establishing the basis for civil society;
Whereas President Rakhmonov was reelected in November 1999 with 96 percent of the vote in an election the OSCE did not observe because of the absence of conditions that would permit a fair contest; Whereas the first multiparty election in the history of Tajikistan was held in February-March 2000, with the participation of former warring parties, but the election fell short of OSCE commitments and 11 people, including a prominent candidate, were killed;
Whereas in Turkmenistan under the rule of President Saparmurat Niyazov, no internationally recognized human rights are observed, including freedom of speech, assembly, association, religion, and movement, and attempts to exercise these rights are brutally suppressed;
Whereas Turkmenistan has committed political dissidents to psychiatric institutions;
Whereas in Turkmenistan President Niyazov is the object of a cult of personality, all political opposition is banned, all media are tightly censored, and only one political party, the Democratic Party, headed by President Niyazov, has been registered;
Whereas the OSCE's Office of Democratic Institutions and Human Rights (ODIHR), citing the absence of conditions for a free and fair election, refused to send any representatives to the December 1999 parliamentary elections;
Whereas President Niyazov subsequently orchestrated a vote of the People's Council in December 1999 that essentially makes him President for life;
Whereas in Uzbekistan under President Islam Karimov, no opposition parties are registered, and only pro-government parties are represented in parliament;
Whereas in Uzbekistan all opposition political parties and leaders have been forced underground or into exile, all media are censored, and attempts to disseminate opposition newspapers can lead to jail terms;
Whereas Uzbekistan's authorities have laid the primary blame for explosions that took place in Tashkent in February 1999 on an opposition leader and have tried and convicted some of his relatives and others deemed his supporters in court proceedings that did not correspond to OSCE standards and in other trials closed to the public and the international community;
Whereas in Uzbekistan police and security forces routinely plant narcotics and other evidence on political opposition figures as well as religious activists, according to Uzbek and international human rights organizations;
and Whereas the OSCE's Office of Democratic Institutions and Human Rights (ODIHR), citing the absence of conditions for a free and fair election, sent no observers except a small group of experts to the December 1999 parliamentary election and refused any involvement in the January 2000 Presidential election:
Now, therefore, be it Resolved by the House of Representatives (the Senate concurring), That the Congress--
(1) expresses deep concern about the tendency of Central Asian leaders to seek to remain in power indefinitely and their willingness to manipulate constitutions, elections, and legislative and judicial systems, to do so;
(2) urges the President, the Secretary of State, the Secretary of Defense, and other United States officials to raise with Central Asian leaders, at every opportunity, the concern about serious violations of human rights, including noncompliance with Organization for Security and Cooperation in Europe (OSCE) commitments on democracy and rule of law;
(3) urges Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan to come into compliance with OSCE commitments on human rights, democracy, and the rule of law, specifically the holding of free and fair elections that do not exclude genuine challengers, to permit independent and opposition parties and candidates to participate on an equal basis with representation in election commissions at all levels, and to allow domestic nongovernmental and political party observers, as well as international observers;
(4) calls on Central Asian leaders to establish conditions for independent and opposition media to function without constraint, limitation, or fear of harassment, to repeal criminal laws which impose prison sentences for alleged defamation of the state or public officials, and to provide access to state media on an equal basis during election campaigns to independent and opposition parties and candidates;
(5) reminds the leaders of Central Asian states that elections cannot be free and fair unless all citizens can take part in the political process on an equal basis, without intimidation or fear of reprisal, and with confidence that their human rights and fundamental freedoms will be fully respected;
(6) calls on Central Asian governments that have begun roundtable discussions with opposition and independent forces to engage in a serious and comprehensive national dialogue, on an equal footing, on institutionalizing measures to hold free and fair elections, and urges those governments which have not launched such roundtables to do so;
(7) calls on the leaders of Turkmenistan and Uzbekistan to condemn and take effective steps to cease the systematic use of torture and other inhuman treatment by authorities against political opponents and others, to permit the registration of independent and opposition parties and candidates, and to register independent human rights monitoring organizations;
(8) urges the governments of Central Asia which are engaged in military campaigns against violent insurgents to observe international law regulating such actions, to keep civilians and other noncombatants from harm, and not to use such campaigns to justify further crackdowns on political opposition or violations of human rights commitments under OSCE;
(9) encourages the Administration to raise with the governments of other OSCE participating states the possible implications for OSCE participation of any participating state in the region that engages in clear, gross, and uncorrected violations of its OSCE commitments on human rights, democracy, and the rule of law;
and (10) urges the Voice of America and Radio Liberty to expand broadcasting to Central Asia, as needed, with a focus on assuring that the peoples of the region have access to unbiased news and programs that support respect for human rights and the establishment of democracy and the rule of law.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Nebraska (Mr. Bereuter) and the gentlewoman from California (Ms. Lee) each will control 20 minutes. The Chair recognizes the gentleman from Nebraska (Mr. Bereuter).
Mr. BEREUTER. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks on this measure.
The SPEAKER pro tempore. Is there objection to the request of the gentleman from Nebraska? There was no objection.
Mr. BEREUTER. Mr. Speaker, I yield such time as he may consume to the gentleman from New Jersey (Mr. Smith), the author of this resolution with whom I have worked. I appreciate his great effort.
Mr. SMITH of New Jersey. Mr. Speaker, I thank the gentleman from Nebraska (Mr. Bereuter) for yielding me this time, and I want to thank him for his work in shepherding this resolution through his Subcommittee on Asia and the Pacific, and for all of those Members who have co-signed and cosponsored this resolution.
Mr. Speaker, this resolution expresses the sense of Congress that the state of democratization and human rights in the countries of Central Asia, Kazahkstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan, is a source of very, very serious concern.
In 1992, these States freely pledged to observe the provisions of the 1975 Helsinki Final Act and subsequent OSCE documents. The provisions contained in the 1990 Copenhagen Document commit the participating states to foster democratization through, among other things, the holding of free and fair elections, to promote freedom of the media, and to observe the human rights of their citizens.
Mr. Speaker, 8 years have passed since then, but in much of Central Asia the commitments they promised to observe remain a dead letter. In fact, in some countries the situation has deteriorated substantially. For instance, opposition political activity was permitted in Uzbekistan in the late 1980s. An opposition leader even ran for president in the December 1991 election.
In mid-1992, however, President Karimov decided to ban any manifestation of dissidence. Since then, no opposition movements have been allowed to function openly and the state controls the society as tightly as during the Soviet era.
An even more disappointing example is Kyrgyzstan. Once one of the most democratic Central Asian states, Kyrgyzstan has gone the way of neighboring dictatorships. President Akaev has followed his regional counterparts in manipulating the legal, judicial, and law enforcement apparatus in a way to stay in office, despite domestic protest and international censure. On October 29, he will run for a third term; and he will win it, in a pseudo-election from which all serious candidates have been excluded.
Throughout the region, authoritarian leaders have contrived to remain in office by whatever means necessary and give every sign of intending to remain in office as long as they live. Indeed, Turkmenistan's President Niyazov has made himself President for Life last December, and Kazakhstan's President Nazarbaev, who has extended his tenure in office through referenda, canceling elections, and staging deeply flawed elections, this summer arranged to have lifelong privileges and perks go his way. It may sound bizarre, but it may not be out of the realm of possibility that some of these leaders who already head what are, for all intents and purposes, royal families, are planning to establish what can only be described as family dynasties.
Certainly the worst offender is Turkmenistan. Under the tyrannical misrule of Niyazov, President Niyazov, his country is the only one-party state in the entire OSCE region. Niyazov's cult of personality has reached such proportions that state media refer to him as a sort of divine being, while anyone who whispers a word of opposition or protest is dragged off to jail and tortured.
Corruption is also rampant in Central Asia. Rulers enrich themselves and their families and a favored few, while the rest of the population struggles to eke out a miserable existence and drifts towards desperation. We are, indeed, already witnessing the consequences. For the second consecutive year, armed insurgents of the Islamic Movement of Uzbekistan invaded Uzbekistan and Kyrgyzstan. While they have been less successful than last year in seizing territory, they will not go away. Impoverishment of the populace fills their ranks with people, threatening to create a chronic problem.
While the most radical groups in Central Asia might have sought to create theocracies regardless of the domestic policies pursued by Central Asian leaders, the latter's marriage of corruption and repression has created an explosive brew. Mr. Speaker, finally let me say the leaders of Kazakhstan, Kyrgyzstan, Tajikistan, Uzbekistan, and Turkmenistan seem to believe that U.S. strategic interest in the region, and the fear of Islamic fundamentalism, will keep the West and Washington from pressing them too hard on human rights while they consolidate power. Let us show them that they are wrong. America's long-term and short-term interests lie with democracy, the rule of law, and respect for human rights. So I hope that my friends and colleagues on both sides of the aisle will join in backing this important resolution.
Mr. BEREUTER. Mr. Speaker, I reserve the balance of my time.
Ms. LEE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of this resolution. The post-Soviet independence of the Central Asian states has not panned out in the way that benefited the population of these countries. Instead, it created wealthy and often corrupt elites and impoverished the population. Although all of these newly-independent states have joined the OSCE and appear, at least on paper, to be committed to OSCE principles, in reality the leaders of these countries have consistently fallen back on their OSCE commitments.
The political development reinforced the Office of the President at the expense other branches of government. Parliaments are weak and the courts are not free. Presidents of some countries, such as Turkmenistan, have pushed laws through their rubber-stamp legislatures that extend their presidential powers for life. Other governments, like the government of Uzbekistan, have been using the justification of fighting terrorism and insurgency as a means to imprison and/or exile the opposition, censor the press, and control civic and religious activities.
On the other hand, some countries such as Kyrgyzstan and Kazakhstan have demonstrated varying degrees of progress. Until recently, opposition parties could function freely in Kyrgyzstan, while the OSCE agreed to Kazakhstan's 1999 parliamentary election, which they found falling short of international standards but, nevertheless, an improvement over the past. The stability of Central Asia is key to the stability of this region which borders on Afghanistan, Iran, China, and Pakistan. The governments of Central Asia cite the destabilizing influence of drugs and arms-trafficking from outside of their borders and the need to fight Islamic fundamentalism as justifications for their authoritarian regimes.