Welcoming the Accession of Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia to the North Atlantic Treaty Organization

Hon.

Christopher H. Smith

United States

House of Representatives

108th Congress Congress

Second Session Session

Tuesday, March 30, 2004

Madam Speaker, I join my colleagues in strong support of House Resolution 558, welcoming the accession of Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia to the North Atlantic Treaty Organization.

During my tenure in Congress, I have had considerable interaction with the leaders of these countries, as well as the opportunity to witness the transitions which have occurred. For several of our new NATO allies I first encountered as one-party communist states, as Warsaw Pact adversaries and as "captive nations." As Chairman of the Helsinki Commission, I have closely monitored their human rights performance and encouraged their democratic development. The transition for some has been particularly difficult, particularly with the effects of regional conflicts, political or economic crises. Throughout, their peoples have been our friends. Now, they become our allies.

While we must congratulate these countries, first and foremost, on the progress which brought them to this historic point, we can also take some credit for the investments we decided to make, through the human resources and bilateral assistance which planted the democratic ideals that now have triumphed. In my view, the returns on those investments have been notable.

In addition to these seven new NATO members, the resolution before the House also encourages the three members of the Adriatic Charter to continue their efforts toward eventual NATO membership. I particularly want to comment on Croatia. That country has had a particular challenge since 1990. As Yugoslavia fell apart and Croatia asserted its independence, the country faced not only the challenges of democratic transition but of surviving the Yugoslav conflict. From 1991 to 1995, significant portions of the country were destroyed or occupied. The conflict in neighboring Bosnia led to massive inflows of refugees. Croatia itself was vulnerable to those leaders with highly nationalist and less than democratic instincts.

While all of this slowed their transition, Croatia has rapidly moved--especially since 2000--to meet their democratic potential. In the last elections, a smooth transition in government took place, and we have a bilateral relationship which continues to strengthen over time. In addition, Croatia has become a key contributor to stability in a part of Europe where stability is highly fragile.

It is my hope, Madam Speaker, that we recognize this progress as Croatia seeks membership in NATO. Once Croatia meets the criteria for membership, the invitation to join should be extended. I would hope that the upcoming Istanbul summit will make this clear and mandate an assessment of Croatia's progress in this regard. It would be wrong and counter to U.S. interests to leave Croatia or any other country otherwise qualifying for NATO membership waiting unnecessarily.

I believe that taking this action would also encourage its Adriatic Charter partners, Albania and Macedonia, in meeting the criteria for membership more quickly. Rather than abandon its partners, Croatia will help them make progress as well. Albania and Macedonia are also good friends of the United States and would benefit from this encouragement. Ultimately, Bosnia and Herzegovina and Serbia and Montenegro would benefit as well, all in the interest of European security and, therefore, U.S. security interests.

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press release

U.S. Helsinki Commission to Hold Hearing on Azerbaijan

Wednesday, June 04, 2014

WASHINGTON - Today the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) announced the following hearing: The Security, Economic and Human Rights Dimensions of US-Azerbaijan Relations Wednesday, June 11, 2014 10:00 am Russell Senate Office Building Room 432 The Republic of Azerbaijan has been an ally of the United States since its independence in 1991. It is a supplier of energy to Europe and has played an important role in assisting the U.S. and the International Security Assistance Force in Afghanistan through the contribution of troops and as a conduit for the Northern Distribution Network. Azerbaijan is a participating State in the Organization for Security and Cooperation in Europe (OSCE) and in May it assumed the rotating chairmanship of the Council of Europe (COE). Despite membership in both of Europe’s leading human rights institutions, Azerbaijan has been consistently criticized for its undemocratic elections and its use of the judicial system to punish political opponents. As the U.S. Helsinki Commission prepares to attend the OSCE Parliamentary Assembly Annual Session in Baku at the end of June, this hearing will examine the U.S.-Azerbaijan relationship and the impact of regional and domestic issues in Azerbaijan on that relationship. The following witnesses are scheduled to testify: Tom Melia, Deputy Assistant Secretary, Bureau of Democracy, Human Rights and Labor, Department of State Eric Rubin, Deputy Assistant Secretary, Bureau of European and Eurasian Affairs, Department of State Miriam Lanskoy, Director for Russia and Eurasia, National Endowment for Democracy Brenda Shaffer, Visiting Researcher, Center for Eurasian, Russian and East European Studies, Georgetown University
press release

U.S. Helsinki Commission Commemorates Romani Revolt at Auschwitz, Deportation of Hungarian Jews

Friday, May 16, 2014

WASHINGTON - U.S. Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) marked the 70th anniversary of the mass deportation of Hungary’s Jews and the Romani revolt at Auschwitz death camp in Nazi-occupied Poland. “On May 16, 70 years ago, 6,000 Roma at Auschwitz used improvised weapons to resist efforts to transport them from their barracks to the gas chambers. Sadly, their desperate and heroic efforts only delayed their mass murder," said Chairman Cardin. “I am appalled,” he continued, “when government officials, sometimes at the highest level, characterize Roma as criminals or ‘unadaptable’ using stereotypes that are reminiscent of Nazi racial theories. Remembering and teaching about Romani experiences during the Holocaust is critical in combating anti-Roma prejudices today.” Approximately 3,000 of those who participated in the Romani revolt were sent to Buchenwald and Ravensbruck concentration camps as forced labor, where most of them died. On August 2-3, 1944, the so-called ‘Gypsy Family Camp’ was liquidated and the remaining 2,879 Romani men, women and children were sent to the gas chambers. Altogether, 23,000 Romani people from 11 countries were deported to Auschwitz and approximately 19,000 perished. Some died as a result of inhumane medical experiments by Dr. Joseph Mengele. “This year also marks the 70th anniversary of the start of the final wave of Hungary’s war-time deportation of Jews,” noted Chairman Cardin. “Plans to empty the Romani camp at Auschwitz were, in fact, intended to make room for Jews arriving from Hungary.” Anti-Semitic legislation was introduced in Hungary with the 1920 Numerus Clausus, which established limits on the number of Jewish university students. In 1941, more than 17,000 Jews were deported from Hungary to German-occupied Kamenets-Podolsk, where they were executed. Between May 15 and July 9, 1944, 437,402 Hungarian Jews were deported in the largest deportation of Jews to Auschwitz in the shortest period of time from any country. One of every three Jews who died at Auschwitz was from Hungary. Cardin concluded, “I welcome the participation of Czech Prime Minister Sobotka in the memorial service held on May 10 at the site of the concentration camp for Roma at Lety. I urge the Czech Government to take steps to reflect the historic significance of this site for Romani survivors and their families everywhere.” Lety was the site of one of two concentration camps for Roma in the war-time Czech Republic. The construction of a large pork processing plant on the site during the communist period has generated continuing criticism. The Helsinki Commission supported the transfer of microfilm copies of its archives – the only known complete surviving archives of a Romani concentration camp – to the U.S. Holocaust Memorial Museum in 2000. On September 18, the U.S. Holocaust Memorial will hold a public symposium on new research regarding Roma and the Holocaust.
press release

U.S. Helsinki Commission Cites Deterioration of Media Freedoms across OSCE Region

Friday, May 02, 2014

WASHINGTON—In advance of World Press Freedom Day, U.S. Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) and U.S. Representative Chris Smith (NJ), Co-Chairman of the Commission, addressed the deterioration of media freedom in Ukraine, and the continued presence of criminal defamation: On the situation in Ukraine, Chairman Cardin stated: “I am deeply concerned by the rapidly degenerating state of media freedom precipitated by pro-Russian separatists in eastern Ukraine. Pro-Russian militias continue to harass, intimidate, and censor both Ukrainian and foreign journalists reporting on the situation in an attempt to quell criticism of separatist-instigated violence and upheaval. Free and independent media is a crucial component of the commitments adopted by the Organization for Security and Cooperation in Europe (OSCE), of which Russia and Ukraine are participating States. I urge Russia to respect media independence and freedom in its own territory as well as in Ukraine.” “Many countries in the OSCE region continue to limit speech to an extraordinary degree,” said Co-Chairman Smith. “I’m particularly concerned by the rise of criminal defamation laws which make it increasingly difficult, and even dangerous, to criticize those in power. These libel and insult laws have an absolutely chilling effect on robust inquiry and the ability to hold politicians and others accountable. I commend the efforts of the OSCE and other organizations to call attention to these and other attacks against freedom of press. A strong and independent media, free from political pressure and censorship, is fundamental to sustainable and accountable democracy.” The OSCE Representative on Freedom of the Media reports regularly to the OSCE Permanent Council in Vienna, including on developments in Ukraine. In advance of World Press Freedom Day, the Commission also noted concern about media freedom in the following countries: UKRAINE: In the town of Slavyansk, over 40 individuals, including many reporters, have been abducted by separatists and held hostage in various makeshift prisons. In the Donbas region, pro-Russian armed forces discontinued digital broadcasting of Ukrainian TV channels and replaced them with Russian ones, mirroring the disruption of Ukrainian press by Russian forces in Crimea. There have been several accounts of journalists being physically intimidated while reporting both in the field and within their offices. TURKEY: Turkey imprisoned more journalists in 2013 than any other country. Currently, legislation is going into effect in Turkey that expands the powers of secret services and stipulates 10 year prison sentences for journalists who publish leaked information. In the last few months, Turkey undertook an immense crackdown on social media, particularly by banning access to Twitter and YouTube. MACEDONIA: In Macedonia, media coverage, largely unbalanced in favor of the ruling party and against the opposition, was a leading criticism of the conduct of last week’s presidential and parliamentary elections. This bias is symptomatic of the great regression in media freedom noted in Macedonia in recent years. Journalists and news sources not allied with the government tend to face increased scrutiny and legal hurdles. KAZAKHSTAN: Recent changes to Kazakhstan’s legislation are likely to further restrict media and access to the Internet. New rules control what the media can report during a state of emergency; a new code criminalizes “dissemination of false information” that harms “interests of society or of the state”; and pending legislation would allow the government to shut websites and other communication networks if they disseminate “harmful” information or call for “extremist” activities. Kazakhstan also has closed virtually all independent newspapers for minor infractions of publishing regulations or on charges of extremism. CROATIA: In Croatia, where the legal definition of “insult” is vague and open to arbitrary enforcement, there are currently over 40 pending criminal insult cases against journalists. This situation, whether or not the cases result in convictions, could lead to increased self-censorship in the media. AZERBAIJAN: The status of press and media in Azerbaijan is decidedly not free. Criminal defamation is still punishable with up to three years in prison. Media and NGO movements that aim to create space for media freedom have been checked at every turn, through various techniques ranging from ignoring lawsuits seeking access to information, to pressing criminal charges on journalists. Most recently, Azerbaijani journalist Rauf Mirkadyrov was arrested and charged with espionage.
press release

Cardin, Wicker Lead Colleagues in Urging Action to Free OSCE Observers Held in Ukraine

Thursday, May 01, 2014

WASHINGTON – U.S. Senators Ben Cardin (D-Md.) and Roger Wicker (R-Miss.), Chairman and Senate Ranking Member of the U.S. Helsinki Commission, along with Senators Jeanne Shaheen (D-NH), Richard Blumenthal (D-Conn.), Barbara A. Mikulski (D-Md.), Brian Schatz (D-Hawaii), Michael F. Bennet (D-Colo.), and Christopher Murphy (D-Conn.), have written to Secretary of State John Kerry urging him to take action to secure the release of observers being held by pro-Russian separatists in eastern Ukraine. The senators also seek action to stem the tide of “other flagrant violations of human rights by pro-Russian militants” in the region. “In addition to the OSCE observers, several dozen people — journalists, activists, police officers, politicians — are reportedly being held captive in makeshift jails in Slovyansk … we continue to be deeply dismayed at the other flagrant violations of human rights by pro-Russian militants in eastern and southern Ukraine,” the senators wrote. “These attacks and threats underscore the importance of the OSCE Special Monitoring Mission and other OSCE institutions in Ukraine in assessing the situation on the ground and helping to de-escalate tensions. … “To be sure, the actions against pro-Ukrainian activists and minorities are the direct result of Russia’s unfounded and illegal aggression towards Ukraine – first in Crimea and now in eastern Ukraine. … we commit to working with you so that the United States and its international partners can significantly increase the diplomatic pressure on Russia, especially through economic sanctions … Violations of human rights, particularly the rights of minorities, as well as gross violations of another nation’s territorial integrity and sovereignty must not be tolerated.” The text of the letter follows. April 30, 2014 The Honorable John Kerry Secretary of State United States Department of State 2201 C Street Northwest Washington, D.C. 20520 Dear Secretary Kerry: We write to you to express our alarm at the detention of members of a military observer mission operating under the auspices of the Organization for Security and Cooperation in Europe (OSCE). They are being held hostage by pro-Russian separatists in the eastern Ukrainian city of Slovyansk. We urge you to do everything in your power to help secure their release. In addition to the OSCE observers, several dozen people — journalists, activists, police officers, politicians — are reportedly being held captive in makeshift jails in Slovyansk. Furthermore, we continue to be deeply dismayed at the other flagrant violations of human rights by pro-Russian militants in eastern and southern Ukraine. These include attacks and threats against minority groups, particularly Jews and Roma as well as Crimean Tatars and Ukrainians in Crimea. Supporters of a united Ukraine have been targeted as well, including a local politician and a university student whose tortured bodies were found dumped in a river near Slovyansk. The Joint Statement on Ukraine signed on April 17 by the EU, the United States, Russia and Ukraine calls on all sides to refrain from any violence, intimidation or provocative actions and condemns and rejects all expressions of extremism, racism and religious intolerance, including anti-Semitism. We fear both the spirit and the letter of this agreement have been breached. In recent days, we have seen troubling manifestations against ethnic and religious minority communities. The distribution of flyers in Donetsk calling for Jews to register their religion and property is a chilling reminder of an especially dark period in European history and we welcome your unequivocal remarks of condemnation. While the perpetrators of this onerous action have not been determined, one thing is clear: Moscow, which controls the pro-Russian separatists in eastern Ukraine, is using anti-Semitism as an ingredient in its anti-Ukrainian campaign, utilizing its media as a vehicle. Perhaps more insidiously, among the various Russian special forces, operatives and agitators in Ukraine are members of neo-Nazi groups and the Black Hundreds, a reincarnation of the notorious Russian anti-Semitic organization that existed more than a century ago. Jewish communities in parts of eastern Ukraine are not the only ones with reasons to be worried. In Slovyansk, armed separatists have invaded Romani houses, beating and robbing men, women and children. Even Ukrainian-speakers, including Ukrainian-speaking journalists, have reportedly experienced intimidation in the largely Russian-speaking Donetsk oblast. At the same time, in the Russian-annexed Crimean peninsula, Crimean Tatars continue to be threatened with deportation and attacked for speaking their own language in their ancestral homeland. Moreover, the most visible long-time leader of the Crimean Tatar community and former Soviet political prisoner Mustafa Dzhemilev, has reportedly been banned from returning to Crimea. Additionally, the separatist Crimean authorities announced that Ukrainian literature and history will no longer be offered in Crimean schools. We commend the Ukrainian government for its denunciation of attacks and threats against minorities and its pledge to find those responsible and bring them to justice. It is imperative that the Russian-controlled separatist groups cease their de-stabilizing, violent activity, which has left all minorities vulnerable. These attacks and threats underscore the importance of the OSCE Special Monitoring Mission and other OSCE institutions in Ukraine in assessing the situation on the ground and helping to de-escalate tensions. They need to be permitted to operate unhindered in eastern Ukraine and to be allowed access into Crimea, which Russia has thus far blocked. We urge you to continue to do everything possible to facilitate their unimpeded access to all parts of Ukraine, including the provision of adequate resources. To be sure, the actions against pro-Ukrainian activists and minorities are the direct result of Russia’s unfounded and illegal aggression towards Ukraine – first in Crimea and now in eastern Ukraine. The Kremlin needs to keep the Geneva promises and immediately rein in the militants and get Russian soldiers and other assorted operatives out of Ukraine. If not, we commit to working with you so that the United States and its international partners can significantly increase the diplomatic pressure on Russia, especially through economic sanctions. Violations of human rights, particularly the rights of minorities, as well as gross violations of another nation’s territorial integrity and sovereignty must not be tolerated. Sincerely, Benjamin L. Cardin, U.S.S. Roger F. Wicker, U.S.S. Jeanne Shaheen, U.S.S. Richard Blumenthal, U.S.S. Barbara A. Mikulski, U.S.S. Brian Schatz, U.S.S. Michael F. Bennet, U.S.S. Christopher Murphy, U.S.S.

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press release

U.S. Helsinki Commission to Hold Briefing on Moldova

Tuesday, April 29, 2014

WASHINGTON—Today the Commission on Security and Cooperation in Europe announced the following briefing: Georgia 2008, Ukraine 2014: Is Moldova Next? Tuesday, May 6, 2014 12:00 p.m. Capitol Visitor Center, Room 268 North Congressional Meeting Room Russia’s annexation of Crimea has raised concerns that a scenario whereby Russia annexes Transnistria, Moldova’s secessionist region, is a very realistic possibility. Similar to Russia’s de facto annexation of Georgia’s two secessionist regions and Ukraine’s Crimea, Russia’s aggression against Moldova would be occurring as citizens of Moldova are considering accession to the major Euro-Atlantic institutions. The Transnistria “Parliament” has called for Russia to annex Transnistria, a breakaway region of Moldova. The briefing offers a timely opportunity to examine Russia’s intentions with regard to Transnistria and Moldova given President Putin’s recent assertion to President Obama that Transnistria remains under an economic blockade and that the residents of the region suffer severe hardships as a result. This was the principal justification advanced by Russia at the OSCE during 2008, shortly before Russia provoked Georgia into military action. The following panelists are scheduled to participate: Mr. Thomas O. Melia, Deputy Assistant Secretary of State, Bureau of Democracy, Human Rights and Labor Mr. Eugen Carpov, Deputy Prime Minister of Moldova, Minister for Reintegration Mr. Paul Goble, Specialist on ethnic and religious questions in Eurasia; Editor of “Window on Eurasia” Dr. Stephen Blank, Senior Fellow, American Foreign Policy Council, formerly, Professor of Russian National Security Studies at the Strategic Studies Institute of the U.S. Army War College
press release

Cardin, Colleagues Ask Kerry To Urge NATO, OSCE To End All Defense Contracts With Russia

Tuesday, April 15, 2014

WASHINGTON– In a letter to Secretary of State John Kerry, U.S. Senator Ben Cardin (D-MD), Chairman of the U.S. Helsinki Commission and, a senior member of the Senate Foreign Relations Committee, – joined by 10 of his colleagues – asked the State Department to urge NATO member countries and participating states of the Organization for Security and Cooperation in Europe (OSCE) to end all defense contracts with Russia in response to the country’s illegal annexation of Crimea and violation of Ukrainian sovereignty. Cardin was joined by U.S. Senators Richard Blumenthal (D-Conn.), John Cornyn (R-Texas), Roger Wicker (R-Miss.), Daniel Coats (R-Ind.), Chris Murphy (D-Conn.), David Vitter (R-La.), and Kelly Ayotte (R-N.H.) and U.S. Representatives Louise Slaughter (D-N.Y.), Joe Pitts (R-Pa.), and Michael Burgess (R-Texas). “We believe the United States must show leadership by terminating all defense contracts with Russia and ask that you strongly encourage our NATO allies and OSCE participating states to take similar actions,” the members of Congress wrote. “We urge you to lead the coordination among NATO and OSCE to halt trade involving military equipment with Russia immediately. We believe this is a crucial step in reestablishing a deterrent against further Russian aggression and strengthening the impact of our targeted economic sanctions against Russia.” Text of the letter is below. April 14, 2014 The Honorable John Kerry Secretary of State United States Department of State 2201 C Street Northwest Washington, D.C. 20520 Dear Secretary Kerry: We write to express our support for NATO’s decision to suspend military and civilian cooperation with Russia. We also ask that you further urge both NATO member countries and participating states of the Organization for Security and Cooperation in Europe (OSCE) to work cooperatively to cease all trade involving military equipment with Russia in response to Russia’s illegal annexation of Crimea and violation of Ukrainian sovereignty. This would be a forceful next step by both international organizations (of which the United States is a member) to affirm that there is no more business as usual when it comes to bilateral trade of military equipment given Russia’s hostile actions. As you are aware, two decades ago the Partnership for Peace program was implemented to foster trust between NATO member countries and the member states of the former Soviet Union, and to acknowledge a shared political commitment to creating lasting and inclusive peace in the Euro-Atlantic area. This integration with the member states of the former Soviet Union was predicated on shared values and common obligations to uphold international law. Likewise, the Helsinki Final Act, which has been signed by 57 OSCE nations, including the United States, affirmed our collective commitment to sovereign equality, respect for human rights, and fundamental freedoms. Russia violated these shared principles by disregarding its treaty obligations under the bilateral Treaty of Friendship, Cooperation, and Partnership between Ukraine and the Russian Federation. We should immediately halt the trade in military equipment now that Russia has reneged on its commitment to abide by international law. Russia has clearly violated the principles of the Helsinki Final Act, and its actions are antithetical to the principles that NATO member countries like the United States seek to uphold. Nonetheless, significant bilateral trade in military equipment continues. The United Kingdom announced the Military Technical Cooperation Agreement with Russia in January 2014, which would provide a framework for Russian and UK defense companies to cooperate at an unclassified level and enable British and Russian arms producers to exchange defense components and technical data. France has continued an existing contract to sell two high-tech Mistral warships to Russia, and the Hungarian Ministry of Defense recently acquired three Mil Mi-8 transport helicopters produced by Rosoboronexport. Unfortunately and inexplicably, the United States is, at the time of writing, continuing with plans to receive 22 more Mi-17 helicopters from Russia as part of our ongoing assistance to Afghanistan. We believe the United States must show leadership by terminating all defense contracts with Russia and ask that you strongly encourage our NATO allies and OSCE participating states to take similar actions. We urge you to lead the coordination among NATO and OSCE to halt trade involving military equipment with Russia immediately. We believe this is a crucial step in reestablishing a deterrent against further Russian aggression and strengthening the impact of our targeted economic sanctions against Russia. We thank you for your attention to this matter. Sincerely, BENJAMIN L. CARDIN United States Senate RICHARD BLUMENTHAL United States Senate JOHN CORNYN United States Senate ROGER F. WICKER United States Senate DANIEL COATS United States Senate CHRISTOPHER S. MURPHY United States Senate DAVID VITTER United States Senate KELLY AYOTTE United States Senate LOUISE M. SLAUGHTER Member of Congress JOE PITTS Member of Congress MICHAEL C. BURGESS Member of Congress
press release

U.S. Helsinki Commission to Hold Hearing on Ukraine

Wednesday, April 09, 2014

WASHINGTON - The Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) today announced the following hearing: Ukraine: Confronting Internal Challenges and External Threats Wednesday, April 9, 2014 10:00 am Room 215 Dirksen Senate Office Building Following the February 22 removal of the corrupt Yanukovych regime, the new interim government has been working to address numerous internal challenges, including badly needed economic and political reforms. This includes preparations for the May 25th presidential elections. At the same time, Russia continues to threaten Ukraine’s sovereignty and territorial integrity with further military intervention and attempts to undermine the legitimacy of the new government. The hearing will offer an assessment of the current situation in Ukraine as it addresses difficult internal challenges exacerbated by Russia’s seizure of Crimea as well as an assessment of ongoing threats and challenges to other countries in the region. The hearing will address current U.S. policy, and how the United States, together with the international community, including the EU and the OSCE, can best continue to assist Ukraine and deter further Russian aggression. Scheduled to testify: The Honorable Victoria Nuland, Assistant Secretary for European and Eurasian Affairs, U.S. Department of State
press release

Cardin Praises Bipartisan Unity in Support of Ukraine, Sanctions Against Russia

Thursday, March 27, 2014

WASHINGTON–U.S. Senator Ben Cardin (D-Md.), a senior member of the Senate Foreign Relations Committee and Chairman of the U.S. Helsinki Commission (CSCE), praised the full Senate passage of a package of loan guarantees for the new Ukraine government and economic sanctions on those responsible for the invasion of Crimea. “With today’s vote the Senate sent a clear message of solidarity with the people of Ukraine, and indignation for those responsible for the invasion of the Crimea. Russia must be held accountable for its blatant violations of international agreements. The sanctions leveled by Congress are intended to show that Mr. Putin’s inability to conform to international norms, and honor Russia’s agreements, will come at a heavy price. The government in Kyiv has the full support of United States and we will use all available diplomatic and economic tools to return stability to Ukraine,” said Senator Cardin. “I am disappointed that H.R 4152 does not include essential reforms that would strengthen the International Monetary Fund. Despite the omission this bill is a firm and confident step towards returning the region to normalcy. ”
statement

Senate Floor Statement on Ukraine

Friday, March 07, 2014

Madam President, Russia's invasion of Ukraine is one of the most serious breaches of the OSCE principles since the signing of the 1975 Helsinki Final Act. These principles are at the foundation of the Organization for Security and Cooperation in Europe. Russia, as a participating state, agreed to hold these principles, including territorial integrity of states, inviolability of frontiers, refraining from the threat of use of force, peaceful settlements of disputes, and others. With this invasion, which is based, as Secretary Kerry has stated, on a completely trumped-up set of pretexts, Russia has shown its utter contempt for these core principles, indeed, for the entire OSCE process--not only the OSCE but the 1994 Budapest Memorandum signed by the United States, the United Kingdom, Russia, and Ukraine that provides security assurances for Ukraine, and the 1997 Ukraine -Russia bilateral treaty, and the U.N. charter, and other international agreements. Russia’s military invasion of Ukraine is also a gross violation of the Vienna Document's confidence and security building mechanisms which govern military relations and arms control. So let's examine Vladimir Putin's justification for this unprovoked invasion. He claims there is a need to protect Russian interests and the rights of Russian-speaking minorities. They characterize it as a human rights protection mission that it clearly is not. Russian officials fail to show any real evidence that the rights of ethnic Russians in Crimea--where they actually constitute a majority and have the most clout politically--and Ukraine at large have been violated. In fact, there is overwhelming evidence that the protests in some Ukrainian cities are being stoked by the Russians. Putin and other Russian officials make all sorts of unfounded accusations, including that masked militia are roaming the streets of Kyiv, although the Ukrainian capital and most of Ukraine has been calm for the last few weeks. Mr. Putin claims there is a “rampage of reactionary forces, nationalist and anti-Semitic forces going on in certain parts of Ukraine.'' Yet Kyiv's chief rabbi and a vice president of the World Jewish Congress on Monday accused Russia of staging anti-Semitic provocations in Crimea. Mr. Putin accuses Ukraine's new legitimate transition government--not yet 2 weeks old--of threatening ethnic Russians. Yet there is a myriad of credible reports to the contrary. Indeed, although there has been unrest in some cities, there has been no serious movement in the mostly Russian-speaking eastern and southern regions to join with Russia. The clear majority of Ukrainians wants to see their country remain unified and do not welcome Russian intervention. All Ukrainian religious groups have come out against the Russian intervention and stand in support of Ukraine's territorial integrity and inviolability of its borders, as have minority groups such as the Crimean Tatars and the Roma. I submit that the real threat posed by the new government is that it wants to assertively move Ukraine in the direction of political and economic reforms and in the direction of democracy, respect for how human rights, the rule of law--away from the unbridled corruption of the previous regime and the kind of autocratic rule found in today's Russia. As for protecting Russian interests in Crimea, the Russians have not produced one iota of evidence that the Russian Black Sea Fleet, based in the Crimean city of Sevastopol, is under any kind of threat. Indeed, when the Ukrainians reached out to the Russians to try to engage them peacefully, they have been rebuffed. Russian authorities need to send their troops back to the barracks and instead engage through diplomacy, not the threat or use of force. The Russian actions pose a threat beyond Ukraine and threaten to destabilize neighboring states. I pointed out at a hearing we had this week in the subcommittee of the Senate Foreign Relations Committee, and in a hearing of the Helsinki Commission, that if Russia can use force to try to change territories, what message does that send to the South China Sea, what message does that send to the Western Balkans? Just as Poland has already invoked article 4 NATO consultations, the Baltic States and others in the region are wary of Russian goals. As chairman of the Helsinki Commission and a former vice president of the OSCE Parliamentary Assembly, I am encouraged to see active and wide-ranging engagement of the OSCE to deescalate tensions and to foster peace and security in Ukraine. The OSCE has the tools to address concerns with regard to security on the ground in Crimea, minority rights, and with regard to preparations for this democratic transition to lead to free and fair elections. In response to a request by the Ukrainian Government, 18 OSCE participating states, including the United States, are sending 35 unarmed military personnel to Ukraine. This is taking place under the Vienna Document, which allows for voluntary hosting of visits to dispel concerns about unusual military activities. Various OSCE institutions are activating, at the request of the Ukrainian Government, including the OSCE's human rights office, known as the ODIHR, to provide human rights monitoring as well as election observation for the May 25 Presidential elections. The OSCE High Commissioner on National Minorities, Representative on Freedom of the Media, and the head of the Strategic Police Matters Unit, among others, are all in Kyiv this week conducting fact-finding missions. A full-scale, long-term OSCE Monitoring Mission is being proposed, and this mission needs to go forward. All of these OSCE efforts are aimed at deescalating tensions, fostering peace and stability, ensuring the observance of OSCE principles, including the human dimension, helping Ukraine in its transition, especially in the run-up to the May elections. These OSCE on-the-ground efforts are being thwarted by the Russian-controlled newly installed Crimean authorities. The OSCE Unusual Military Activities observers have been stopped from entering Crimea by unidentified men in military fatigues. Also, the OSCE Media Freedom Representative and her staff were temporarily blocked from leaving a hotel in Crimea where she was meeting with journalists and civil society activists. The U.N. special envoy was accosted by unidentified gunmen after visiting a naval headquarters in the Sevastopol. The blocking of international monitors--who were invited by the Ukrainian Government and who clearly are trying to seek peaceful resolutions to the conflict--is completely unacceptable and we should hold Russia responsible for their safety. Russia is a member of the OSCE--one of the founding members--and they are openly violating the core principles of the Helsinki Final Act. Russia signed on to the institutions that are available under OSCE for this exact type of circumstance--to give independent observation as to what is happening on the ground. Sending this mission, at the request of the host country, into Crimea is exactly the commitments made to reduce tensions in OSCE states, and Russia is blocking the use of that mechanism. The United States and the international community are deploying wide-ranging resources to contain and roll back Russia's aggression and to assist Ukraine's transition to a democratic, secure, and prosperous country. Both the Executive and the Congress are working around the clock on this. President Obama has taken concrete action and made concrete recommendations. As the author of the Magnitsky Act, I welcome the White House sanctions announced today, including visa restrictions on officials and individuals threatening Ukraine's sovereignty and territorial integrity and financial sanctions against those "responsible for activities undermining democratic processes or institutions in Ukraine .'' It was just a little while ago that we passed the Magnitsky Act. We did that in response to gross human rights violations within Russia against an individual named Sergei Magnitsky. What we did is say that those who were responsible for these gross violations of internationally recognized rules should be held accountable, and if they are not held accountable, the least we can do in the United States is not give them safe haven in our country, not allow the corrupt dollars they have earned to be housed in America--no visas, no use of our banking system. The President is taking a similar action against those responsible for the invasion and military use against international rules in Ukraine. These steps are in addition to many other actions, including the suspension of bilateral discussions with Russia on trade and investment, stopping United States-Russia military-to-military engagement, and suspending preparations for the June G8 summit in Sochi. Both Chambers are working expeditiously on legislation to help Ukraine in this delicate period of transition. We also need to work expeditiously with our European friends and allies, and I am encouraged by the news that the EU is preparing a $15 billion aid package. Ukraine has exercised amazing restraint in not escalating the conflict, particularly in Crimea. I applaud their restraint and their action. The people of Ukraine have suffered an incredibly difficult history, and over the last century they have been subjected to two World Wars, 70 years of Soviet domination, including Stalin's genocidal famine. They certainly do not need another senseless war. Nothing justifies Russia's aggression--nothing. Our political and economic assistance at this time would be a testament to those who died at the Maidan just 2 weeks ago and a concrete manifestation that our words mean something and that we do indeed stand by the people of Ukraine as they make their historic choice for freedom, democracy, and a better life. I yield the floor.
press release

U.S. Helsinki Commission to Hold Hearing on Developments in the Western Balkans and Policy Responses

Wednesday, March 05, 2014

WASHINGTON–The Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) today announced the following hearing: Developments in the Western Balkans and Policy Responses Wednesday, March 5, 2014 10:00 am Dirksen Senate Office Building Room 106 Scheduled to testify: Hoyt Yee, Deputy Assistant Secretary for European and Eurasian Affairs, U.S. Department of State Tanja Fajon, Member (Slovenia), European Parliament Kurt Volker, Executive Director, the McCain Institute for International Leadership The countries of the Western Balkan region of Europe – Albania, Bosnia-Herzegovina, Croatia, Kosovo, Macedonia, Montenegro and Serbia – have started 2014 with a mix of challenges and expectations. Elections, dialogue and ongoing reform will be shaped by the hope of taking the next steps toward European and Euro-Atlantic integration, with each country at a different stage of achievement or preparedness but all of them sharing an interest in progress, advancement and stability across the entire region. The hearing will feature the official views and policy approaches of the United States toward the countries of the Western Balkans, supplemented by the insights and analysis of experts from both sides of the Atlantic.
article

Bulgaria Holds Early Parliamentary Elections; OSCE Mounts Full-Scale Election Observation Mission

Tuesday, May 28, 2013

By Helsinki Commission Staff Country-Wide Street Protests Trigger Snap Elections In early 2013, 30 Bulgarian cities were rocked by demonstrations. In some instances, violence erupted between demonstrators and police. In addition, in the months immediately preceding the elections, six people committed suicide by self-immolation in acts of public protest and desperation. The street demonstrations were triggered by sharply rising electricity rates in a country widely described as the poorest of the EU’s 27 members. Discontent was further fueled by dissatisfaction with political leaders across the board and widespread corruption. In February, following the street demonstrations, Prime Minister Boyko Borisov resigned, paving the way for May 12’s early parliamentary elections. For those elections, 8,100 candidates stood for seats in the 240-member unicameral National Assembly allocated by proportional representation from 31 multi-mandate constituencies (with a 4% threshold for both parties and coalitions to enter parliament). Altogether, 63 parties (38 outside of coalitions and 7 coalitions) were registered as well as two independent candidates. The resulting ballot was roughly a yard long. OSCE Mounts Full-Scale Election Observation Mission The OSCE mounted a full scale Election Observation Mission (EOM) – the first in Bulgaria since 1997 and the first ever in an EU country. Eoghan Murphy (MP, Ireland) was appointed by OSCE Chair-in-Office Leonid Kozhara to serve as Special Coordinator and leader of the short-term observer mission (parliamentarians and observers seconded by OSCE participating States). The OSCE Office for Democratic Institutions and Human Rights (ODIHR) long-term observer team was headed by Miklos Haraszti. Roberto Battelli (MP, Slovenia) headed the OSCE PA delegation. Andreas Gross (MP, Switzerland) headed the observers from the Parliamentary Assembly of the Council of Europe (PACE). On Election Day, there were 158 observers deployed from 39 countries. Of an estimated 6.9 million voters (a number that, in any case, the OSCE and Council of Europe Venice Commission suggest may be high), 3,541,745 went to the polls. Voter turnout was at about 50 percent – the lowest turnout since the fall of communism – reflecting the voters’ antipathy even more than apathy. Approximately 850,000 votes were cast for parties that failed to overcome the 4% threshold to get into parliament. Reportedly 107,799 Bulgarian citizens voted abroad, with 63,152 votes cast in Turkey. The Mysterious Case of the Extra Ballots The administration of the elections on E-Day was largely unremarkable. It was, however, preceded by two separate but related wiretapping scandals suggesting that the Ministry of Interior had bugged journalists and state officials. The day before the elections, an “extra” 350,000 ballots were discovered in a printing house in Sofia. (A week after the elections, it was reported that more than 2,000 extra stamps for electoral commissions had also surfaced.) In its preliminary findings, the Election Observation Mission drew particular attention to the alienation of voters, lack of confidence in the electoral process, concerns over ballot security (the “extra” ballots), and persistent allegations of vote buying or voter intimidation. (A final report from the Mission is forthcoming.) Roma and Other Minorities in the Electoral Context Bulgaria has a population of 7.36 million (from almost 8 million in the 2001 census and roughly 8.4 million in the 1992 census). This continuing drop reflects declining birth rates and labor migration to other parts of Europe. The ethnic Turkish minority comprises 8.8 percent of the population. Almost 5 percent of the population self-identified as Romani on the last census, but Roma are estimated to be roughly 10 percent of the population. Last year, the Bulgarian Government estimated that 23 percent of the working age population is Romani. The Bulgarian Constitution prohibits the formation of political parties on ethnic, racial or religious lines, which is contrary to OSCE and other international norms on freedom of assembly. The OSCE has criticized this restriction in previous reports on Bulgarian elections. The Electoral Code stipulates that the election campaign must be conducted in the Bulgarian language only, also contrary to standards on free speech and minority language use set out in the 1990 Copenhagen Document. These restrictions also impede get-out-the-vote efforts. The Movement for Rights and Freedoms is, de facto, an ethnic Turkish minority party, although it has largely been allowed to function with a wink and a nod from the authorities. After the elections, it was reported that Lyutvi Mestan, head of the MRF party, was fined in Sliven for campaigning in Turkish. Bulgaria's last two local and Presidential elections (which were held simultaneously in 2007 and 2011) were preceded by outbreaks of anti-Roma violence. In 2011, just a few weeks before the elections, 14 Bulgarian cities erupted into anti-Roma riots. In July 2012, the headquarters of the EuroRoma political party were firebombed, killing one man. The investigation has not produced any results. On April 8, 15 Romani civil society organizations withdrew from their advisory role with the National Council for Cooperation on Ethnic and Integration Issues, effectively deeming the government’s work in this area and the consultative process to be a sham. There were no Roma in electable positions on the lists for any of the leading parties. As a result, the National Assembly produced by the May 12 elections will be the first Bulgarian parliament since the fall of communism to have no Romani MPs.
article

Helsinki Commission Welcomes Unveiling of Berlin Memorial for Romani Genocide Victims

Wednesday, November 21, 2012

On October 24, more than 600 people in Berlin attended the unveiling of the Memorial for the Sinti¹ and Roma of Europe Murdered under National Socialism. Leaders of the Helsinki Commission, who had underscored the importance of the monument, welcomed the event. Rep. Chris Smith (NJ-04), Chairman of the U.S. Helsinki Commission, observed that the memorial “marks an important step in acknowledging and teaching about the fate of Roma at the hands of the Nazi regime and the Axis powers: persecution, confiscation of property, forced sterilization, slave labor, inhumane medical experimentation, and ultimately genocide.” Proposals to erect a memorial to the Romani victims of genocide emerged in the early 1990s after the unification of the Federal Republic of Germany and German Democratic Republic and at a time when German acknowledgement and remembrance took on additional dimensions. Those efforts, however, bogged down over questions regarding the location of the proposed memorial and the content of inscriptions. (Concerns raised by the artist over materials and weather-related construction complications also contributed to interruptions.) German government officials also suggested some delays were caused by differing views among Romani groups, particularly regarding the inscriptions; some critics of the delays suggested there was an insufficient sense of ownership and political will on the part of the government. Senator Ben Cardin (MD), Co-Chairman of the Commission, noted the singular role of Romani Rose, Chairman of the Central Council of German Sinti and Roma, and “his tireless work to ensure that Romani victims of genocide are remembered and honored.” Rose, who lost his grandparents at Auschwitz and Ravensbrueck, was a driving force to see the memorial completed. Cardin added, “I am deeply heartened that efforts to build this memorial, underway for over a decade, have finally been realized.” German government officials at the most senior level attended the unveiling of the genocide memorial, including Chancellor Angela Merkel, President Joachim Gauck, Bundestag President Norbert Lammert, Bundesrat President Horst Seehofer, and Berlin Mayor Klaus Wowereit. Former President Richard von Weizsacker, in spite of advanced years and frail health, was also present. Federal Minister of Culture Bernd Neumann described the memorial “a pillar of German remembrance.” U.S. Ambassador to Germany Patrick Murphy and Special Envoy for Holocaust Issues Douglas Davidson represented the United States. Dr. Ethel Brooks, who has served as a public member with the U.S. Delegation to the 2011 and 2012 OSCE Human Dimension Implementation Meetings, also attended the ceremony. The memorial, designed by Israeli artist Dani Karavan, was widely hailed as a deeply moving testimony to the genocide of Romani people. Dutch Sinto survivor Zoni Weiss addressed the hundreds of people who attended the event. As a 7-year-old, Weiss narrowly avoided being placed on the Westerbork transport from the Netherlands due to the intervention of platform policeman, but watched as his immediate family was sent to Auschwitz where they perished. The unveiling ceremony was also accompanied by a week of events in Berlin focused on Romani history, culture and contemporary issues. Gert Weisskirchen, former German Member of the Budestag and former OSCE Personal Representative on Anti-Semitism, organized a round-table focused on contemporary challenges faced by Roma. In her remarks at the event, Chancellor Merkel also acknowledged the on-going struggle for human rights faced by Roma throughout Europe, saying bluntly, “let’s not beat around the bush. Sinti and Roma suffer today from discrimination and exclusion.” Romani Rose warned more pointedly, “In Germany and in Europe, there is a new and increasingly violent racism against Sinti and Roma. This racism is supported not just by far-right parties and groups; it finds more and more backing in the middle of society.” Background The Nazis targeted Roma for extermination. Persecution began in the 1920s, and included race-based denial of the right to vote, selection for forced sterilization, loss of citizenship on the basis of race, and incarceration in work or concentration camps. The most notorious sites where Roma were murdered include Auschwitz in Nazi-occupied Poland, the Jasenovac camp in the so-called Independent State of Croatia, Romanian-occupied Transnistria, and Babi-Yar in Nazi-occupied Ukraine. In other parts of German occupied or German-allied territory, Roma were frequently killed by special SS squads or even regular army units or police, often left in mass graves. Many scholars estimate that 500,000 Roma were killed during is World War II, although scholarship on the genocide of Roma remains in its infancy and many important archives have only become available to a broader community of researchers since the fall of communism. In recent years, for example, Father Patrick Desbois has helped document the location of 800 WWII-mass graves in Ukraine and elsewhere in the former Soviet Union, including 48 mass graves of Roma. German postwar restitution legislation and its implementation effectively excluded almost all Romani survivors. Those most directly responsible for actions against Roma escaped investigation, prosecution and conviction. Several officials responsible for the deportations of Roma before and during the war continued to have responsibility for Romani affairs after the war. In 1979, the West German Federal Parliament acknowledged the Nazi persecution of Roma as being racially motivated. In 1982, Chancellor Helmut Schmidt recognized that the National Socialist persecution of Romani people constituted genocide. The first German trial decision to take legal cognizance that Roma were genocide victims during the Third Reich was handed down in 1991. In 1997, Federal President Roman Herzog opened a Documentation and Cultural Center of German Sinti and Roma, saying “The genocide of the Sinti and Roma was carried out from the same motive of racial hatred, with the same intent and the same desire for planned and final annihilation as that of the Jews. They were systematically murdered in whole families, from the small child to the old man, throughout the sphere of influence of the Nazis.” At the 2007 OSCE Human Dimension Implementation Meeting, Thommas Hammarberg, Council of Europe Commissioner for Human Rights, observed that, “[e]ven after the [ . . . ] Nazi killing of at least half a million Roma, probably 700,000 or more, there was no genuine change of attitude among the majority population towards the Roma.”
hearing

Healing the Wounds of Conflict and Disaster: Clarifying the Fate of Missing Persons in the OSCE Area

Tuesday, February 28, 2012

The hearing examined efforts by governments and their partners in clarifying the fate of persons missing within a number of OSCE participating States and partner countries, especially in the western Balkans and northern Caucasus. The hearing also appraised the adequacy of assistance to governments and other entities engaged in locating missing persons, the obstacles that impede progress in some areas, as well as how rule of law mechanisms help governments fulfill their obligations to the affected families and society in clarifying the fate of missing persons. Currently, over a million persons are reported missing from wars and violations of human rights. In addition, there are thousands of reported cases a year of persons missing from trafficking, drug-related violence, and other causes. Locating and identifying persons missing as a result of conflicts, trafficking in humans and human rights violations and other causes remains a global challenge, with significant impact within the OSCE area.
hearing

The Escalation of Violence Against Roma In Europe

Wednesday, February 15, 2012

This hearing focused on the discrimination, exclusion, and persecution faced by the Roma people in Europe. Witnesses discussed the E.U. countries’ various national strategies for Roma integration and their effectiveness. The witnesses also provided recommendations for the Commissioners on how to support European countries’ integration efforts on the government-to-government level.
article

The OSCE 2011 Human Dimension Implementation Meeting

Monday, December 26, 2011

By Erika B. Schlager, Counsel for International Law Overview From September 26 to October 7, 2011, the OSCE participating States met in Warsaw, Poland, for the annual Human Dimension Implementation Meeting (HDIM). The meeting was organized by the OSCE Office for Democratic Institutions and Human Rights, according to an agenda approved by consensus of all 56 participating States. The HDIM is Europe’s largest annual human rights gathering and provides a venue for participating States and non-governmental organizations (NGOs) to review the implementation of the full range of core human rights and fundamental freedoms (e.g., freedoms of speech, assembly and association; prevention of torture; right to a fair trial), as well as rule of law, free elections and democracy-building issues. National minorities, Roma, tolerance and non-discrimination are also on the agenda. In accordance with OSCE procedures, the agenda included three specially selected topics, each of which was given a full day of review. In 2011, those subjects were: 1) “Democratic elections and electoral observation,” 2) “Freedom of movement,” and 3) “Enhancing implementation of OSCE commitments regarding Roma and Sinti.” U.S. Delegation The U.S. Delegation was headed by Ambassador David Johnson. Other members of the delegation included Ambassador Ian Kelly, Head of the U.S. Mission to the OSCE; Ambassador Cynthia Efird, Senior State Department Advisor to the Helsinki Commission; Ambassador Suzan Johnson Cook, Ambassador-at-Large for International Religious Freedom; and Deputy Assistant Secretary of State for the Bureau of Democracy, Human Rights, and Labor Thomas Melia. Helsinki Commission staff participated in all aspects of the delegation’s work. Patrick Merloe, National Democratic Institute, Kathleen Newland, Migration Policy Institute, and Ethel Brooks, Rutgers University, served as Public Members of the delegation, addressing democratic elections, freedom of movement, and the situation of Romani people in the OSCE region respectively. Public Members have traditionally been included in U.S. delegations to OSCE human dimension meetings as a means of bringing special expertise to the U.S. delegations and to promote greater knowledge of the OSCE process in civil society. Highlights of This Year’s Meeting The severe crackdown in Belarus which followed elections last December was a focus of attention throughout the two-week meeting, both in formal sessions and special side events. During the final session, the United States delivered a statement focused on the use of the Moscow Mechanism regarding Belarus -- an OSCE tool used in exceptional circumstances to conduct fact-finding regarding extreme human rights concerns. The mechanism had been invoked in April by 14 participating States and a report was presented to the OSCE Permanent Council by the Mechanism Rapporteur, Professor Emmanuel Decaux, on May 28. NGOs also demonstrated throughout the meeting on behalf of Belarusian political prisoner Alex Bielatskiy. The United States also raised issues which remain unresolved following the 2003 invocation of the Moscow Mechanism regarding Turkmenistan. In particular, Ambassador Johnson drew attention to the continued disappearance of Ambassador Batyr Berdiev, the former representative of Turkmenistan to the OSCE. Although Turkmenistan officials did not to participate in the HDIM, human rights groups concerned with Turkmenistan were present and members of the opposition-in-exile made a statement expressing their willingness to return to Turkmenistan and participate in the February 2012 presidential elections. They also called for the OSCE to conduct a full election observation mission for those elections. In its opening statement, the United States observed that Kazakhstan had failed to fully implement the commitments on domestic reform it had made in 2007 in Madrid upon receiving the Chairmanship for 2010, that leading human rights activist Yevgeniy Zhovtis remained in prison as a result of a trial that lacked due process, that Kazakhstan had adopted measures in a one-party parliament giving the current president continued power and immunity from prosecution for life and had held a poorly-conducted snap presidential election following an attempt to push through a referendum to obviate future elections for the incumbent. Although Kazakhstan protested the U. S. characterization of 2010 as “a year of missed opportunities for reform,” Kazakhstan’s adoption of a new restrictive religion law during the course of the human dimension meeting illustrated the very point the United States was making. In fact, of the topics restricted to three-hour sessions, the subject of religious liberties was the most oversubscribed, with Kazakhstan’s new religion law generating particular criticism. As at previous meetings, the allocation of time during the meeting was highly problematic, with speaking time at some of the sessions limited to only one or two minutes to accommodate dozens desiring the floor, while other sessions ended early with time unused. Other real-time developments during the HDIM also found their way into discussions. Following the outbreak of fighting on September 27 at a Kosovo border crossing with Serbia, Serbian representatives at the meeting engaged in a sharply worded exchange with Albanian officials. (Serbia's engagement at the meeting was of particular note in light of Belgrade's bid to serve as OSCE Chair-in-Office in 2014.) The outbreak of anti-Roma rioting in every major Bulgarian town or city during the HDIM underscored the urgency of addressing the chronic human rights problems affecting Roma as well as the acute and escalating crises. Many participants also raised concern regarding continuing human rights abuses against ethnic Uzbeks in southern Kyrgyzstan in the wake of widespread violence last year and in advance of Kyrgyzstani elections in October. During the formal sessions, NGOs demonstrated on behalf of Kyrgyzstani political prisoner Azhimzhon Askarov. The United States engaged fully in all aspects of the meeting, holding bilateral meetings with other OSCE participating States and extensive consultations with NGOs. The United States also organized two side events. The first focused on on the Hague Convention on the Civil Aspects of International Child Abduction. Professor Louise Teitz from the Hague Permanent Bureau (an intergovernmental organization that administers this and other Hague Conventions), and Corrin Ferber from the Department of State, made presentations, with additional comments provided by Consul General Linda Hoover, U.S. Embassy Warsaw. The second event focused on fundamental freedoms in the digital age. DAS Thomas Melia moderated the discussion, which included comments by the OSCE Representative on Freedom of the Media, Dunja Mijatovic; Agata Waclik-Wejman, policy counsel for Google; and Nataliya Radzina, a Belarusian journalist who faces a lengthy prison sentence in Belarus. Conclusions The Human Dimension Implementation Meeting served as an important forum for the United States to raise issues of concern, both formally and informally, and to hold extensive consultations with governments, OSCE officials, and representatives of civil society. That said, this year's HDIM was somewhat diminished relative to past meetings. First, member states of the European Union appeared divided or preoccupied (or both). As a consequence, on a number of subjects – for example, the session that included migrant workers, refugees, and displaced persons -- there was neither a coordinated European Union statement nor statements by individual EU member states speaking in their national capacity. This voice was missed. Second, the level of participation on the part of governments as well as civil society was reduced. This may be in part due to economic factors. But it may also reflect other factors. Prior to the HDIM, for example, Belarus and Russia dragged out the adoption of an agenda until the last possible moment, making it especially hard for NGOs to plan their participation. In addition, OSCE has, in recent years, scheduled so many human dimension meetings throughout the year that it is difficult for government and non-governmental experts to cover them all. (In addition to the discussion of tolerance and non-discrimination at the HDIM, those issues have been or will be addressed at three different ad hoc meetings, as well as one of the Supplementary Human Dimension Implementation Meetings.) The Lithuanian Chairmanship also scheduled some meetings in Vienna during the HDIM, although the modalities call for all Vienna meetings to be suspended during the HDIM to facilitate participation by the representatives to the OSCE. Similarly, the OSCE Parliamentary Assembly fall meeting overlapped with the final sessions of the HDIM. In fact, the modalities for the OSCE's human dimension activities were a dominant theme during the HDIM's closing session -- presaging the opening of discussions in Vienna on that issue held immediately after the HDIM at the insistence of Belarus. While many governments, including the U.S., believe the way in which the OSCE organizes its human dimension activities could be improved, the discussions themselves risk being held hostage by those countries inimical to the OSCE's human rights work.
hearing

Combating Anti-Semitism in the OSCE Region: Taking Stock of the Situation Today

Friday, December 02, 2011

By most accounts, and thanks to the work of many courageous nongovernmental organizations (NGOs) the despicable evil of anti-Semitism has decreased in most parts of the OSCE region in recent years – but it still remains at higher levels than in 2000. This is simply unacceptable, and it was the topic discussed in this hearing. Concerns raised included political transitions in the Arab world and how they might affect Muslim-Jewish relations, including in Europe; the importance of engagement with Muslim communities in Europe; and growing nationalist and extremist movements that target religious and ethnic minorities. Additionally the roles of the OSCE, U.S. government, and Congress in addressing continuing issues of anti-Semitism at home and abroad were discussed.
hearing

Belarus: The Ongoing Crackdown and Forces for Change

Tuesday, November 15, 2011

Nearly one year after the brutal post-December 19, 2010, election crackdown, the human rights picture in Belarus remains bleak. Brave and committed individuals who attempt to promote a democratic future for Belarus continue to be crushed by the dictatorial Lukashenka regime. Civil society continues to be under assault, with NGOs facing ever greater constraints, and freedoms of assembly and expression are severely curtailed. Yet the ongoing economic turmoil has produced growing disaffection, as manifested in Lukashenka’s plummeting popular support, and a changing domestic and international environment. The hearing will focus on the extent and impact of the crackdown on the lives of its victims and on the larger society, and what more can be done by the U.S. and our European partners to promote democratic change in Belarus.
hearing

Human Trafficking and Transnational Organized Crime: Assessing Trends and Combat Strategies

Thursday, November 03, 2011

Helsinki Commission Chairman Chris Smith (NJ-04), Senator Marco Rubio (R-FL), and other lawmakers examined how human trafficking laws need to adapt to the maturation of the illicit activity, specifically in light of the Trafficking Victims Protection Act that Smith introduced in 1998. In addition, Smith, Rubio, and others examined the link between transnational organized crime and human trafficking. Witnesses testifying at the hearing – including Greg Andres, Deputy Assistant Attorney General, Criminal Division, with the Department of Justice; Piero Bonadeo, Deputy Representative with the United Nations Office on Drugs and Crime; and Martina Vandenburg, Esq., Pro Bono Counsel with the Freedom Network USA – focused on legislative proposals to combat organized criminal activity, the United Nations Office on Drugs and Crime’s (UNDOC’s) efforts, and, of course, human trafficking’s implications and consequences.
speech

Good Governance

Saturday, October 22, 2011

Economic and Environmental Dimension Implementation Meeting Session 3: Good Governance Before I begin, I’d like to thank the panelists today for their excellent and informative presentations. The United States has viewed with keen interest the evolving discussions in recent years on what the OSCE’s priorities should be in the Economic and Environmental Dimension. As our friend and colleague Mr. Svilanovic pointed out during last year’s Vienna Review Conference, we appear to have come to an appreciation that good governance is the key linking theme across the entire second dimension. The Maastricht Strategy is very clear on this point: “Good public and corporate governance and strong institutions are essential foundations for a sound economy, which can attract investments, and thereby enable States to reduce poverty and inequality, to increase social integration and opportunities for all, and to protect the environment. Good governance at all levels contributes to prosperity, stability and security.” As we consider the implementation of our second dimension commitments, however, we should keep in mind why it is important to implement those commitments. The global economic downturn continues to put extreme pressure on people and governments across the OSCE region. To be sure, some countries have weathered the storm better than others. Still, no country can be forever immune to market forces, and even within those that have done well, there are always citizens left behind. This is certainly the case in the United States, and for this reason President Obama is focused intently on how best to put those Americans without a job back to work. We all know that trade and investment are critical drivers of economic growth. Indeed, recognizing this important reality, the Obama Administration has launched the National Export Initiative, which seeks to deepen our strategic trade relationships around the world, recognizing that 85 percent of world GDP growth will occur outside the United States in the coming few years. As we encourage more American businesses – large and small – to embrace international trade, seek opportunities in new markets, and make strategic investments that will lead to increased global trade flows, we are keenly aware of the challenges and costs posed by official corruption, weak institutions, and lack of respect for property rights, including intellectual property. Weak governance and lack of transparency constitute non-tariff barriers to trade, which we have committed ourselves to eliminating. Furthermore, the same issues that deter trade and investment also work against comprehensive security: a lack of transparency in governance leads to diminished confidence that problems and disputes will be addressed in a fair and impartial manner. Without trust and confidence in public institutions, there is little incentive for investors and companies to pursue trade deals or direct investment in those economies. The effect is stagnating economic performance, which, as we have seen in the past several months and years, can lead to political upheaval. The United States Government is deeply committed to fostering good governance and transparency in its political and economic institutions. President Obama has made the global fight against corruption a top priority. As he has noted, “In too many places, the culture of the bribe is a brake on development and prosperity. It discourages entrepreneurship, destroys public trust, and undermines the rule of law while stifling economic growth.” The real world costs of corruption and weak institutions should not be underestimated. The World Bank estimates that more than one trillion dollars in bribes are paid each year out of a global economy of approximately 30 trillion dollars. That's an incredible three percent of the world’s economy. In 2009, companies lost nearly $25 billion to companies willing to pay bribes in deals for which the outcome is known. And bribery is especially costly for small and medium-size enterprises (SMEs): a separate study has shown that up to 25 percent of SME operating capital in companies operating internationally is diverted to corruption. That is a staggering figure that illustrates how corruption diverts scarce resources to thoroughly unproductive ends. Corruption is a global problem that knows no borders. And that’s why corruption demands a truly global response – one that knows no limits on collaboration. The Obama Administration is doing its part to implement its obligations under the OECD Anti-Bribery Convention by enforcing the U.S. Foreign Corrupt Practices Act (FCPA) strictly and fairly. We are determined to ensure that U.S. businesses do not contribute to corruption in foreign markets. At the same time, we are determined to do what we can to assist them in the fight against foreign corruption, and against the high risk and significant costs of corruption in such markets. Regrettably, at this stage, the lack of enforcement of domestic bribery laws, and of foreign bribery laws by many nations that are Parties to the OECD Anti-Bribery Convention is extremely troubling and raises concerns about a lack of political will. Governments can and should prosecute both those who give bribes and those who receive them, both at home and abroad. And the OSCE should continue to encourage participating States to adopt and enforce rigorous anti-bribery regimes. Of course, the fight against corruption is not simply a law enforcement matter; rather it can also be a significant – if not the most significant – non-tariff barrier all companies face. Accordingly, the U.S. Department of Commerce and the International Trade Administration (or ITA) are committed to working with our trading partners to level the playing field and to promote transparent and corruption-free markets globally. Our work to promote clean and ethical business environments occurs at both the multilateral and bilateral level. At the multilateral level, the ITA is pressing its counterparts to lead by example and to implement comprehensive anti-corruption measures. In addition to our work through the OECD, the United States has been working diligently to persuade the G20 countries to adopt a comprehensive anti-corruption action plan, which includes a commitment focused on adoption and robust enforcement of anti-bribery laws, implementation of the UN Convention Against Corruption, greater engagement with the private sector, and support for transparency mechanisms, to name a few. Many of these commitments require our G20 partners to enact and implement new laws and preventive measures. The United States, at ITA’s initiative, in particular, took the lead on proposals relating to the private sector and also on whistleblower protection, within the G20. In the United States, whistleblowers play a crucial role in helping to enforce anti-corruption law. This principle is also embodied in international conventions. Articles 12 and 13 of the UN Convention require States Parties to prevent corruption in the private sector and promote the fight against corruption with the business community and civil society. Unless governments can protect whistleblowers, it is unlikely that they can identify or address systemic causes of corruption. The United States believes robust whistleblower protection should be an essential part of any good governance initiative in the OSCE, and I was encouraged to hear Ambassador O’Leary indicate that this will be an area of focus under the Irish Chairmanship. The U.S. Department of Commerce has also been committed to fostering strong private sector integrity as an integral part of promoting good governance in markets worldwide. Companies are global corporate citizens, and as such, can work collectively and with governments to foster trust, and promote transparency. I hope that some our work may provide a useful model for the OSCE to consider as it looks to embrace good governance and anti-corruption as a priority for the second dimension, a goal we fully support, and which I am personally committed to supporting. For example, the ITA has championed business ethics and corporate governance reform since the early 1990s, following the fall of the Berlin Wall. Our Business Ethics Manual has been translated into Chinese, Spanish and Russian and is still one of the most widely used resources on this important topic. We have partnered with business associations and chambers of commerce to develop collective action and business ethics program in many markets. Our work on business ethics has grown. This past year, the ITA has focused on trying to heighten awareness of good governance, transparency and business ethics in sectors of vital importance to many economies – by taking a “sectoral” approach to combating corruption and promoting good business practice, the challenge of dealing with corruption becomes less daunting. The ethical issues specific to different industries vary greatly – and there is no one-size-fits-all approach to the problem. Within the G20, for example, the United States, at the initiative of the U.S. Department of Commerce, has taken the lead in calling for the G20 to endorse additional sectoral approaches to fighting corruption, beyond the Extractive Industries Transparency Initiative (EITI). We have asked G20 governments, for example, to consider supporting the Construction Sector Transparency Initiative (COST) – a new multistakeholder initiative, developed by the World Bank. COST uses similar approaches to EITI to promote greater transparency in public infrastructure projects and government procurement. I hope that the OSCE might similarly consider COST and other multistakeholder approaches to promoting transparency under the Irish chairmanship. Within APEC, the ITA has focused on developing new ethical principles for key sectors within the APEC region. I am pleased to report that under the APEC SME working group, we have coordinated a project with APEC countries and businesses to develop principles of business ethics in the construction, medical devices and biopharmaceutical sectors. These voluntary principles are meant to be used by businesses and trade associations – large andwithin the OSCE framework and the EEDIM, we might also consider focusing on business ethics in specific sectors of interest to all of our economies. I want to close by suggesting some activities to take the theme of good governance and transparency forward. In addition to encouraging the OSCE to formally endorse the Extractive Industries Transparency Initiative—a move that would send an important signal about this body’s commitment to the principles of good governance and transparency—the U.S. encourages us to explore whether there are additional sectoral initiatives that merit support from the OSCE, including the Construction Sector Transparency Initiative. The United States Government also strongly supports the Irish Chair’s goal to develop a Statement or Declaration of Transparency Principles to help guide our governments in their future activities. I want to encourage us to consider new models of bilateral cooperation to promote good governance such as the model Mr. Murray just discussed, leading to a public-private initiative in the Russian power generation sector. We at the U.S. Department of Commerce are working closely with the Center for Black Sea/Caspian Studies at American University to potentially convene a conference in May of next year that would seek to address the challenge of developing mechanisms to ensure good governance and transparency, while also balancing the goals of protecting national security and accelerating economic development faced by the countries of the Caucasus and Central Asia, as they seek to assert their role as a gateway between Europe and Asia. In addition, the conference will also focus on specific market access challenges to regional integration and economic development in the Caucasus and Central Asia such as transparency in Government procurement and privatization, and trade facilitation challenges, including customs and lack of regional harmonization. It is our hope that the OSCE will join us for this event – focused on critical areas such as transport and infrastructure – to work on tangible ideas for projects and collaborations in the OSCE region. We look forward with great interest to the 20th Economic and Environmental Forum, where we will delve deeper into all the facets of good governance. We also thank the Lithuanian Chairman-in-Office for ensuring that their draft Ministerial Council decision on Energy Security incorporates transparency in the energy sector – in our view, considering the vital role that energy plays in modern economic life, there can be no confidence, and thus no security, without energy transparency. In the year ahead, we envision an even broader focus on transparency principles across the entire spectrum of economic and environmental activities, and will work with all of our colleagues in the OSCE to make that vision a reality. Thank you, Mr. Moderator.
speech

Commissioner Camuñez's Remarks on Good Governance

Tuesday, October 18, 2011

Economic and Environmental Dimension Implementation Meeting Session 3: Good Governance Before I begin, I’d like to thank the panelists today for their excellent and informative presentations. The United States has viewed with keen interest the evolving discussions in recent years on what the OSCE’s priorities should be in the Economic and Environmental Dimension. As our friend and colleague Mr. Svilanovic pointed out during last year’s Vienna Review Conference, we appear to have come to an appreciation that good governance is the key linking theme across the entire second dimension. The Maastricht Strategy is very clear on this point: “Good public and corporate governance and strong institutions are essential foundations for a sound economy, which can attract investments, and thereby enable States to reduce poverty and inequality, to increase social integration and opportunities for all, and to protect the environment. Good governance at all levels contributes to prosperity, stability and security.” As we consider the implementation of our second dimension commitments, however, we should keep in mind why it is important to implement those commitments. The global economic downturn continues to put extreme pressure on people and governments across the OSCE region. To be sure, some countries have weathered the storm better than others. Still, no country can be forever immune to market forces, and even within those that have done well, there are always citizens left behind. This is certainly the case in the United States, and for this reason President Obama is focused intently on how best to put those Americans without a job back to work. We all know that trade and investment are critical drivers of economic growth. Indeed, recognizing this important reality, the Obama Administration has launched the National Export Initiative, which seeks to deepen our strategic trade relationships around the world, recognizing that 85 percent of world GDP growth will occur outside the United States in the coming few years. As we encourage more American businesses – large and small – to embrace international trade, seek opportunities in new markets, and make strategic investments that will lead to increased global trade flows, we are keenly aware of the challenges and costs posed by official corruption, weak institutions, and lack of respect for property rights, including intellectual property. Weak governance and lack of transparency constitute non-tariff barriers to trade, which we have committed ourselves to eliminating. Furthermore, the same issues that deter trade and investment also work against comprehensive security: a lack of transparency in governance leads to diminished confidence that problems and disputes will be addressed in a fair and impartial manner. Without trust and confidence in public institutions, there is little incentive for investors and companies to pursue trade deals or direct investment in those economies. The effect is stagnating economic performance, which, as we have seen in the past several months and years, can lead to political upheaval. The United States Government is deeply committed to fostering good governance and transparency in its political and economic institutions. President Obama has made the global fight against corruption a top priority. As he has noted, “In too many places, the culture of the bribe is a brake on development and prosperity. It discourages entrepreneurship, destroys public trust, and undermines the rule of law while stifling economic growth.” The real world costs of corruption and weak institutions should not be underestimated. The World Bank estimates that more than one trillion dollars in bribes are paid each year out of a global economy of approximately 30 trillion dollars. That's an incredible three percent of the world’s economy. In 2009, companies lost nearly $25 billion to companies willing to pay bribes in deals for which the outcome is known. And bribery is especially costly for small and medium-size enterprises (SMEs): a separate study has shown that up to 25 percent of SME operating capital in companies operating internationally is diverted to corruption. That is a staggering figure that illustrates how corruption diverts scarce resources to thoroughly unproductive ends. Corruption is a global problem that knows no borders. And that’s why corruption demands a truly global response – one that knows no limits on collaboration. The Obama Administration is doing its part to implement its obligations under the OECD Anti-Bribery Convention by enforcing the U.S. Foreign Corrupt Practices Act (FCPA) strictly and fairly. We are determined to ensure that U.S. businesses do not contribute to corruption in foreign markets. At the same time, we are determined to do what we can to assist them in the fight against foreign corruption, and against the high risk and significant costs of corruption in such markets. Regrettably, at this stage, the lack of enforcement of domestic bribery laws, and of foreign bribery laws by many nations that are Parties to the OECD Anti-Bribery Convention is extremely troubling and raises concerns about a lack of political will. Governments can and should prosecute both those who give bribes and those who receive them, both at home and abroad. And the OSCE should continue to encourage participating States to adopt and enforce rigorous anti-bribery regimes. Of course, the fight against corruption is not simply a law enforcement matter; rather it can also be a significant – if not the most significant – non-tariff barrier all companies face. Accordingly, the U.S. Department of Commerce and the International Trade Administration (or ITA) are committed to working with our trading partners to level the playing field and to promote transparent and corruption-free markets globally. Our work to promote clean and ethical business environments occurs at both the multilateral and bilateral level. At the multilateral level, the ITA is pressing its counterparts to lead by example and to implement comprehensive anti-corruption measures. In addition to our work through the OECD, the United States has been working diligently to persuade the G20 countries to adopt a comprehensive anti-corruption action plan, which includes a commitment focused on adoption and robust enforcement of anti-bribery laws, implementation of the UN Convention Against Corruption, greater engagement with the private sector, and support for transparency mechanisms, to name a few. Many of these commitments require our G20 partners to enact and implement new laws and preventive measures. The United States, at ITA’s initiative, in particular, took the lead on proposals relating to the private sector and also on whistleblower protection, within the G20. In the United States, whistleblowers play a crucial role in helping to enforce anti-corruption law. This principle is also embodied in international conventions. Articles 12 and 13 of the UN Convention require States Parties to prevent corruption in the private sector and promote the fight against corruption with the business community and civil society. Unless governments can protect whistleblowers, it is unlikely that they can identify or address systemic causes of corruption. The United States believes robust whistleblower protection should be an essential part of any good governance initiative in the OSCE, and I was encouraged to hear Ambassador O’Leary indicate that this will be an area of focus under the Irish Chairmanship. The U.S. Department of Commerce has also been committed to fostering strong private sector integrity as an integral part of promoting good governance in markets worldwide. Companies are global corporate citizens, and as such, can work collectively and with governments to foster trust, and promote transparency. I hope that some our work may provide a useful model for the OSCE to consider as it looks to embrace good governance and anti-corruption as a priority for the second dimension, a goal we fully support, and which I am personally committed to supporting. For example, the ITA has championed business ethics and corporate governance reform since the early 1990s, following the fall of the Berlin Wall. Our Business Ethics Manual has been translated into Chinese, Spanish and Russian and is still one of the most widely used resources on this important topic. We have partnered with business associations and chambers of commerce to develop collective action and business ethics program in many markets. Our work on business ethics has grown. This past year, the ITA has focused on trying to heighten awareness of good governance, transparency and business ethics in sectors of vital importance to many economies – by taking a “sectoral” approach to combating corruption and promoting good business practice, the challenge of dealing with corruption becomes less daunting. The ethical issues specific to different industries vary greatly – and there is no one-size-fits-all approach to the problem. Within the G20, for example, the United States, at the initiative of the U.S. Department of Commerce, has taken the lead in calling for the G20 to endorse additional sectoral approaches to fighting corruption, beyond the Extractive Industries Transparency Initiative (EITI). We have asked G20 governments, for example, to consider supporting the Construction Sector Transparency Initiative (COST) – a new multistakeholder initiative, developed by the World Bank. COST uses similar approaches to EITI to promote greater transparency in public infrastructure projects and government procurement. I hope that the OSCE might similarly consider COST and other multistakeholder approaches to promoting transparency under the Irish chairmanship. Within APEC, the ITA has focused on developing new ethical principles for key sectors within the APEC region. I am pleased to report that under the APEC SME working group, we have coordinated a project with APEC countries and businesses to develop principles of business ethics in the construction, medical devices and biopharmaceutical sectors. These voluntary principles are meant to be used by businesses and trade associations – large and small – to guide their ethical interactions with public officials and institutions. I hope that within the OSCE framework and the EEDIM, we might also consider focusing on business ethics in specific sectors of interest to all of our economies. I want to close by suggesting some activities to take the theme of good governance and transparency forward. In addition to encouraging the OSCE to formally endorse the Extractive Industries Transparency Initiative—a move that would send an important signal about this body’s commitment to the principles of good governance and transparency—the U.S. encourages us to explore whether there are additional sectoral initiatives that merit support from the OSCE, including the Construction Sector Transparency Initiative. The United States Government also strongly supports the Irish Chair’s goal to develop a Statement or Declaration of Transparency Principles to help guide our governments in their future activities. I want to encourage us to consider new models of bilateral cooperation to promote good governance such as the model Mr. Murray just discussed, leading to a public-private initiative in the Russian power generation sector. We at the U.S. Department of Commerce are working closely with the Center for Black Sea/Caspian Studies at American University to potentially convene a conference in May of next year that would seek to address the challenge of developing mechanisms to ensure good governance and transparency, while also balancing the goals of protecting national security and accelerating economic development faced by the countries of the Caucasus and Central Asia, as they seek to assert their role as a gateway between Europe and Asia. In addition, the conference will also focus on specific market access challenges to regional integration and economic development in the Caucasus and Central Asia such as transparency in Government procurement and privatization, and trade facilitation challenges, including customs and lack of regional harmonization. It is our hope that the OSCE will join us for this event – focused on critical areas such as transport and infrastructure – to work on tangible ideas for projects and collaborations in the OSCE region. We look forward with great interest to the 20th Economic and Environmental Forum, where we will delve deeper into all the facets of good governance. We also thank the Lithuanian Chairman-in-Office for ensuring that their draft Ministerial Council decision on Energy Security incorporates transparency in the energy sector – in our view, considering the vital role that energy plays in modern economic life, there can be no confidence, and thus no security, without energy transparency. In the year ahead, we envision an even broader focus on transparency principles across the entire spectrum of economic and environmental activities, and will work with all of our colleagues in the OSCE to make that vision a reality. Thank you, Mr. Moderator.

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Good Governance

Commissioner Camuñez's Remarks on Good Governance

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