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Ukraine's Referendum on Independence and Presidential Election
Sunday, December 01, 1991

In an historic referendum/presidential election on December 1, 1991, residents of Ukraine overwhelmingly voted for independence and chose Leonid Kravchuk, the chairman of the republic's Supreme Soviet, as president. Hundreds of foreign observers and correspondents watched as 84 percent of eligible voters went to the polls. Over 90 percent of participants, including many non-Ukrainians, cast ballots for independence.

Former Communist Party apparatchik Kravchuk handily won the presidency on the first round, garnering about 60 percent of the votes. Among the candidates he defeated were two widely admired former dissidents and political prisoners who had served many years in Soviet prisons for advocating Ukrainian independence.

The outcome of the referendum, while expected, was nevertheless momentous. Ukraine's emergence as an independent state ended any prospects of salvaging a federated or even confederated USSR. The results of the voting provided the direct impetus for the December 8 agreement among the presidents of Russia, Ukraine and Belarus to create the Commonwealth of Independent States as the successor entity to the Soviet Union, which they formally declared dead.

The rise of Ukraine -- a large state with 52 million people, a highly developed industrial base, rich agricultural capabilities, and, not least, nuclear weapons on its territory -- also altered the geo-political map of Europe. Western capitals, observing the quickly unfolding events and grasping their ramifications, made determined efforts to stop referring to the new republic in their midst as "the" Ukraine, while pondering how its military plans and potential affect security arrangements in the post Cold War world.

Given the importance of Ukraine's referendum and presidential election, as well as the republic's size and regional differences, the Helsinki Commission sent three staffers to observe the voting. Ukraine's parliament had previously conveyed formal invitations to the Commission, which selected three distinct cities as representative sites to monitor the voting, gauge the popular mood and gain different perspectives on the political implications: Kiev, the capital, in central Ukraine; Lviv, the regional capital of Western Ukraine, reputedly the most highly nationalist area of the republic; and Donetsk, in Eastern Ukraine, where the population is heavily Russian or Russified. Unfortunately, logistical and transportation breakdowns in the decaying Soviet Union foiled plans to reach Donetsk, and Commission staff instead traveled to the city of Kaniv (a small city on the Dnipro river). The following report is based on staff observations over several days, and is supplemented by many conversations with voters and officials, as well as Ukrainian and central Soviet newspaper and television coverage.

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  • 45th Anniversary of the U.S. Helsinki Commission

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Across the globe, challenges posed by the pandemic have provided governments with pretexts to consolidate power and restrict civil and human rights through measures such as imposed lockdowns, allegedly to curb high case counts or deaths. For example, Hungarian Prime Minister Viktor Orbán assumed extraordinary emergency powers with no sunset clause to seize unchecked power.  While Orbán eventually opted to remove the most widely-condemned feature of his emergency powers in January 2021, the other elements of the measure remain in place. Systemic challenges also exist in inequities among countries as wealthier countries stockpiled batches of vaccines despite the efforts of COVAX—a global program led by the Coalition for Epidemic Preparedness Innovation (CEPI), GAVI, the WHO, and UNICEF that aims to ensure equitable distribution of COVID-19—to help prevent vaccine stockpiling and subsequent inequities. However, there is hope. 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  • The U.S. Midwest Is Foreign Oligarchs’ New Playground

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Instead, they’ve begun targeting new areas for their laundering sprees, places few would suspect: from declining, second-tier cities like Cleveland, Ohio, to small factory and steel towns across the American Midwest. In so doing, these kleptocratic figures are no longer simply keeping luxury condos on standby or collecting fleets of private jets and high-end automobiles. Instead, they’re increasingly leaving a trail of destruction in their wake, demolishing the economies of working-class towns and leaving behind empty, sagging downtowns as relics of better times. Take, for instance, the ongoing story of Ukrainian billionaire Ihor Kolomoisky. Recently sanctioned by the United States for his rank corruption, Kolomoisky stands accused by Ukrainian and U.S. authorities of overseeing one of the greatest Ponzi schemes the world has ever seen. Running PrivatBank, one of Ukraine’s leading retail banks, for years, Kolomoisky crafted an image of a successful entrepreneur devoted to Ukraine’s growing middle class. However, not long after Ukraine’s successful anti-authoritarian revolution in 2014, Ukrainian authorities began poking around the ledgers of Kolomoisky’s bank. Their findings were staggering. Ukrainian investigators—led by Valeria Gontareva, then-reformist head of Ukraine’s banking governing body—discovered a $5.5-billion hole in the middle of PrivatBank’s books. The hole forced Kyiv to nationalize the bank, plugging an institution that was too big to fail and sending Kolomoisky on the run. When it came to Ukrainian banks transforming into money laundering machines, “PrivatBank wasn’t an exception,” Gontareva told Foreign Policy. “The problem was that it was the biggest one.” The immediate question was an obvious one: Where had the money gone? As journalists discovered, and as the U.S. Justice Department has alleged in a series of filings in recent months, Kolomoisky didn’t direct the missing billions of dollars into London flats or mansions on the Italian coastline. Instead, as U.S. and Ukrainian investigators discovered, Kolomoisky and a network of enablers plowed much of the money into commercial real estate in places like Cleveland and Louisville, Kentucky—and into small towns reliant on manufacturing plants and steel factories in Illinois, West Virginia, and Michigan. Rather than use the illicit money to play alongside the world’s elite, Kolomoisky and his network allegedly buried their money in the heart of Middle America, using a series of shell companies and cash purchases to obscure their trail. Why would a foreign oligarch decide to hide hundreds of millions of dollars (and potentially more) across overlooked pockets of the United States? Kolomoisky’s example offers three possible motivations. The first reason lies in the obscurity of smalls town like Warren, Ohio, and Harvard, Illinois. Few investigators, journalists, and authorities would have paid any attention to these purchases, let alone asked questions about the source of funds. Unlike places like Seattle, Dallas, or New York City, where the United States now effectively bars anonymous real estate purchases, much of the rest of the country remains perfectly open for the kinds of anonymous real estate purchases at the heart of kleptocratic networks. The second reason appears directly linked to the economic decline of many of these overlooked regions, especially following the Great Recession. For many of these assets, the only buyers are often kleptocrats with deep pockets. In Cleveland, for instance, Kolomoisky’s network of enablers swooped into town when no one else appeared interested, snapping up numerous massive downtown buildings in the post-2008 world. According to a local Cleveland journalist who requested to speak on background, Kolomoisky’s network simply “showed up in Cleveland and started buying when no one else was buying.” Eventually, the oligarch and his team became the biggest commercial real estate holders in the entire city. And that dynamic—with kleptocratic money the only game in town—meant those on the receiving end had no incentive to look this foreign gift horse in the mouth, even when the signs of money laundering were clear. And the ease of entering these markets meant Kolomoisky and his network could do whatever they wanted with these assets—even running them into the ground as they did time and again. Indeed, Kolomoisky never appeared interested in turning a profit for any of these U.S. assets but instead using them simply as something of a kleptocratic nest egg, far away from Ukrainian authorities. According to court documents, Kolomoisky used his U.S. investments simply as nodes in his laundering network, allowing them to slowly fall apart—but not before, in some cases, these assets’ slow-motion collapse sent Americans to the hospital with debilitating injuries. This happened time and again across the American Rust Belt and Midwest. The steel plant in Warren, now shuttered, looks like something out of a dystopian landscape, with cavernous holes gouged in the siding and walls covered in rust—and with all of its former employees now without jobs. A hulking manufacturing plant in the town of Harvard, Illinois—a plant that should have been the economic lifeblood for the town—has been left to rot, with the cash-strapped city left to pick up the tab. (“The building is f—ing cursed,” Michael Kelly, the town’s mayor, told us.) And rather than investments and the dreamed-of revitalization, Cleveland has been left with, as one local paper said, a “gaping hole” in its downtown, courtesy of the investments Kolomoisky and his network let effectively implode. As the local  journalist familiar with the Kolomoisky-linked purchases added, “They pretty much ruined everything they touched.” Over and over again, Kolomoisky and his network allegedly turned to Middle America—overlooked towns, forgotten areas, regions that needed an economic lifeline, whatever the source—for their massive laundering needs. And in so doing, they revealed kleptocrats no longer simply turn to the coasts or the cultural capitals and beach-front areas traditionally associated with modern kleptocracy. Main Street America is now a target for this corrosive, kleptocratic capital, draining these areas of whatever hope or promise remained. “I like to use the analogy of—if you’ve ever lived out in the far West—a dry streambed,” said former FBI agent Karen Greenaway, who’d been involved in tracking transnational money laundering for years, in 2019 congressional testimony at the Helsinki Commission, an independent U.S. federal agency focusing on human rights and pro-democracy policies. “Dirty money is like a rainstorm coming into a dry streambed. It comes very quickly, and a lot of it comes very fast, and the stream fills up, and then it gets dry again.” Yet the sources of illicit wealth—those behind the dirty money flood—aren’t interested in turning their investments into productive, job-creating engines. “What we have is people who don’t live in the United States, who don’t have any intention of really investing in the United States, but they needed a place to put their money,” Greenaway continued. “I think it’s hurting small-town America. I just don’t think that we’ve come to that realization yet.” Thankfully, U.S. legislators are finally starting to propose solutions and beginning to center the kind of kleptocracy embodied by Kolomoisky at the heart of proposed reforms. Although the polarization of Congress is taken for granted these days, counter-kleptocracy efforts remain an important space where Democrats and Republicans continue to agree. As such, a bipartisan slate of legislators will be launching a “Caucus Against Foreign Corruption and Kleptocracy” on June 10, seeking to advance solutions and educate other members on the corrosive effects of kleptocracy, especially as it pertains to its effects on mainstream Americans. The proposed solutions address three primary prongs of counter-kleptocracy efforts. The first of these proposals entails enhancing resiliency at home by building legal and financial systems more resistant to the taint of corruption. Congress took a significant step forward last year by banning anonymous shell company formations, long a favorite tool of kleptocrats moving their money around the West. But it hasn’t stopped there. Congress will soon be debating the Transnational Repression Accountability and Prevention Act, a critical piece of legislation to counter authoritarian regimes increasingly reaching into democratic countries to target dissidents and journalists (such as what we recently saw out of Belarus). Kleptocratic regimes do this via things like Interpol, which is itself regularly abused by these governments and figures to harass and silence dissidents and critics, ensuring their stolen money remains hidden elsewhere. Among other things, this bill would effectively protect the U.S. judicial system from abuse by kleptocrats and would aid U.S. efforts to reform rule-of-law governance mechanisms within Interpol. The second prong of proposed reforms targets kleptocrats directly, including the use of sanctions, visa bans, intelligence networks, and law enforcement authorities to disable individual kleptocrats and ensure they cannot corrode democratic institutions. Congress took another step forward last year with the passage of the Rodchenkov Anti-Doping Act, a rare extraterritorial criminal statute that enables U.S. law enforcement to indict and pursue “doping fraud,” the use of doping regimes to defraud athletes, businesses, and states—a common tactic of authoritarian kleptocracies at international games. Congress is also now set to debate the Foreign Extortion Prevention Act (FEPA). If passed, this bill would serve as a long-awaited complement to the Foreign Corrupt Practices Act (FCPA). Where the FCPA makes it illegal for a company to pay a bribe abroad, FEPA will make it a crime for a foreign official to demand a bribe. This creates liability for the kleptocrats who extort law-abiding companies. These kleptocrats can then be arrested and tried when they travel to the West to spend and launder their ill-gotten gains. Finally, the third prong centers on building the rule of law abroad, including emphasizing more targeted uses of foreign aid to fight corruption as well as working closely with allies to dismantle the broader offshore economy. For instance, the Countering Russian and Other Overseas Kleptocracy Act, recently introduced in the Senate by Democratic Sen. Ben Cardin and Republican Sen. Roger Wicker, would create an “anti-corruption action fund” that accumulates money via a surcharge on fines from the FCPA. These resources can then be surged into countries undergoing significant democratization movements and reforms (such as Ukraine following its successful 2014 revolution), providing increasing resources for investigators in recipient countries to track how these kleptocrats loot, launder, and stash their ill-gotten gains abroad—including in places like small-town America. A whole host of other ideas are under discussion in Congress, many of which will be spearheaded by the forthcoming “Caucus Against Foreign Corruption and Kleptocracy.” And the ideas can’t come a moment too soon. As the case of Kolomoisky clearly illustrates, kleptocracy and the regimes that benefit are no longer things that simply happen abroad or in elite, coastal enclaves. Until these bills are passed and currently floated ideas are implemented, these kleptocrats will continue to assume they can target any U.S. state, city, or town they’d like—and that they can upend the lives of Americans regardless of profession or political leaning.

  • Helsinki Commission Commemorates 45 Years of Advancing Comprehensive Security in the OSCE Region

    WASHINGTON—To commemorate the 45th anniversary of the Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, on June 3, Chairman Sen. Ben Cardin (MD) and commission leaders Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following statements: “The Helsinki Commission has played a vital role in elevating the moral dimension of U.S. foreign policy and prioritizing the protection of fundamental freedoms in our dealings with other nations,” said Chairman Cardin. “From fighting for fair treatment of Jews in the Soviet Union, to developing landmark legislation to address human trafficking, to demanding sanctions on human rights violators and kleptocrats, and so much more, the commission consistently has broken new ground.” “For 45 years, the commission has flourished as a bipartisan and bicameral platform for collaboration within the federal government. Its purpose is not to support a specific party or administration, but instead to advance transatlantic cooperation, promote regional security and stability, and hold OSCE participating States accountable to their promises,” said Sen. Wicker. “Our commissioners’ united front against threats to democracy and human rights worldwide has become a pillar of U.S. international engagement.” “I am grateful to have experienced the crucial role played by U.S. engagement in the Helsinki Process, both as an election observer in Bulgaria in 1990, and later as a lawmaker and commissioner,” said Rep. Wilson. “The Helsinki Commission is unique in its ability to adapt to evolving global challenges. The defense of human rights and democracy looks different now than it did during the Cold War, but we continue to unite over the same resilient principles and commitment to fundamental freedoms.” On June 3, 1976, U.S. President Gerald Ford signed the Helsinki Commission into existence through Public Law 94-304 to encourage compliance with the Helsinki Final Act of 1975—the founding document that lays out the ten principles guiding the inter-state relations among today’s OSCE participating States. The agreement created new opportunities to engage with European partners on human rights, cooperative security, economic opportunities, and territorial disputes, and the commission played an integral role in ensuring that human rights became a key component of U.S. foreign policy. Forty-five years after its founding, the Helsinki Commission continues to engage with participating States to confront severe and persistent violations of human rights and democratic norms. Since its establishment, the Helsinki Commission has convened more than 500 public hearings and briefings. It regularly works with U.S. officials in the executive branch and Congress to draw attention to human rights and security challenges in participating States, including racism, anti-Semitism, and intolerance; corruption; human trafficking; and Russia’s persistent violations of the Helsinki Final Act in its relations with Ukraine and other OSCE countries.

  • Cardin, Hudson Pledge Support to Ukraine in Bilateral Call Between OSCE PA Delegations

    WASHINGTON—In response to increased Russian aggression against Ukraine, Helsinki Commission Chairman Sen. Ben Cardin (MD) and Commissioner Rep. Richard Hudson (NC-08) initiated an exceptional bilateral meeting with members of the Ukrainian Delegation to the OSCE Parliamentary Assembly (OSCE PA) on April 30.  Chairman Cardin, who serves as Head of the U.S. Delegation to the Assembly, and Rep. Hudson, who is a member of the delegation and chairs the OSCE PA’s General Committee on Political Affairs and Security, sought the meeting to express the support of the United States for Ukraine’s territorial integrity and sovereignty and to solicit the Ukrainian lawmakers’ perspectives on the ongoing crisis. Ukrainian participants included parliamentarians Mykyta Poturaiev (Head of Delegation) and Artur Gerasymov (Deputy Head of Delegation).  The exchange, which focused on the recent massing of Russian forces on Ukraine’s eastern border and in occupied Crimea, and the closure by Russia of parts of the Black Sea and the Azov Sea, also covered topics including: The militarization of occupied Crimea and widespread violations of fundamental freedoms there, with particular persecution directed toward Crimean Tatars The Crimean Platform, a Ukrainian diplomatic initiative to mobilize world leaders to raise the cost of Russia’s occupation of the peninsula, with the ultimate goal of de-occupation The effects of the Nord Stream 2 pipeline on Russian influence in Europe  The importance of continued reform processes in Ukraine, including in ensuring the rule of law and the independence of the judiciary and of Ukraine’s anti-corruption bodies Chairman Cardin and Rep. Hudson reiterated Congress’ strong and bipartisan support for the sovereignty and territorial integrity of Ukraine. Chairman Cardin underscored that the United States stood with Ukraine in the face of Russian aggression, which “violated every principle of the Helsinki Final Act,” he stated. He added that the Ukraine Security Partnership Act unanimously approved by the Senate Foreign Relations Committee on April 21 codified the U.S. security commitment to Ukraine and support for the Crimean Platform initiative, among other measures designed to strengthen the bilateral relationship. The United States remained “strongly and firmly united in our support for Ukraine,” Rep. Hudson said, pledging continued resolve in ensuring this message was clear to Russian authorities. Hudson, recalling a statement issued in his capacity as OSCE PA committee chair on April 7, also expressed readiness to engage fully in the parliamentary dimension of the Crimean Platform. In addition, the U.S. and Ukrainian delegates discussed plans for the 2021 Annual Session to be held remotely in late June and early July. 

  • Helsinki Commission Digital Digest: April 2021

  • Wicker, Shaheen Reintroduce Bill to Hold Russia Accountable for Its Religious Freedom Violations in Ukraine

    WASHINGTON—Sen. Roger Wicker (MS) and Sen. Jeanne Shaheen (NH) today reintroduced the bipartisan Ukraine Religious Freedom Support Act (S.1310). It is a companion bill to H.R. 496, introduced by Rep. Joe Wilson (SC-02) and Rep. Emanuel Cleaver (MO-05), which unanimously passed the House Foreign Affairs Committee yesterday. “The Kremlin’s current repression in Ukraine mirrors an ugly chapter from Soviet times when believers were persecuted for their religious faith,” said Sen. Wicker. “Vladimir Putin and his proxies should face real consequences for their brutal attempts to curtail the religious freedom of Ukrainians who suffer under this ruthless Russian occupation.” “There is a bipartisan urgency in Congress to demonstrate support for Ukraine in opposition to Putin’s cruelty, including his barbaric assault against peaceful religious communities. I’m proud to work with this group of lawmakers to reaffirm that sentiment and to stand up for democratic values around the world,” said Sen. Shaheen. “This legislation is an important step forward to hold Putin to account for his unlawful aggression against the Ukrainian people and the fundamental freedoms they hold dear.” The Ukraine Religious Freedom Support Act would authorize and require the president of the United States to consider particularly severe violations of religious freedom in the Ukrainian territory of Crimea and the Donbas—not just violations inside Russia’s internationally-recognized borders—when determining whether to designate Russia as a Country of Particular Concern (CPC). The bill reaffirms that “it is the policy of the United States to never recognize the illegal, attempted annexation of Crimea by the Government of the Russia or the separation of any portion of Ukrainian territory through the use of military force.” Russian forces invaded Crimea in February 2014 and continue to illegally occupy and attempt to annex it. The Kremlin has controlled parts of the Donbas region in eastern Ukraine since April 2014 with non-state armed groups and illegal entities it created and commands. Under international humanitarian law, including the Geneva Conventions, Russia is responsible for religious freedom violations in Crimea and parts of the occupied Donbas. The International Religious Freedom Act of 1998 requires the president to designate CPCs when their governments engage in or tolerate “particularly severe violations of religious freedom,” including killings, torture, abduction, and detention. It also requires the president to then take 15 specific actions, or commensurate action, unless exercising waiver authority, and to ban the foreign officials responsible from entering the United States. The Secretary of State has placed Russia on the Special Watch List for countries with severe violations every year since 2018. All participating States of the Organization for Security and Cooperation in Europe, including Russia, have repeatedly committed to respect and protect freedom of religion or belief. The Helsinki Commission has compiled 16 documents detailing religious freedom commitments that OSCE participating States have made.

  • Helsinki Commission Leaders Troubled by Kyrgyzstan’s New Constitution

    WASHINGTON—Following the adoption of a new constitution in Kyrgyzstan on April 11, U.S. Helsinki Commission Chairman Sen. Ben Cardin (MD) and commission leaders Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following joint statement: “We are concerned that this new constitution will move Kyrgyzstan—long considered among the most democratic countries in Central Asia—toward authoritarian rule by concentrating power in the hands of the president, reducing the role of parliament, and minimizing checks and balances. “Vague provisions prioritizing the ‘moral and ethical values and public conscience of the people of the Kyrgyz Republic’ could be used to restrict human rights, including freedom of expression. We urge the Government of Kyrgyzstan to ensure that the country’s independent media and civil society can exercise their human rights and fundamental freedoms without interference.” The new constitution was approved via referendum, although voter turnout was low at just over 30 percent. President Sadyr Japarov, who took office after being freed from prison during unrest that followed a popular revolt sparked by fraudulent parliamentary elections last October, promoted the constitution’s stronger presidential role. Prior to the referendum, the OSCE Office for Democratic Institutions and Human Rights (ODIHR) and the Council of Europe’s Venice Commission jointly evaluated the draft constitution and concluded that the process adopting it did not follow the rule of law and took place with minimal public consultation or parliamentary debate, and that it raised “grave concerns over the lack of respect for the principles of the rule of law, separation of powers, and inherent lack of checks and balances.”

  • Cardin and Wicker on April 15 Sanctions Against Russia

    WASHINGTON—In response to President Biden’s Executive Order on harmful foreign activities of the Russian government and subsequent Treasury sanctions designations, Helsinki Commission Chairman Sen. Ben Cardin (MD) and Sen. Roger Wicker (MS) issued the following statements: “The Biden administration is holding Russia to account for its malign activities in a direct and transparent manner,” said Chairman Cardin. “I applaud the president for taking bold action in response to Russia’s cyberattacks, election interference, its occupation of Crimea, the war it started in eastern Ukraine, and overall human rights abuses and weaponization of corruption. The president should continue to be frank with Russia about the consequences for their actions. We will need to stay the course and continue to use the Magnitsky Act and executive authority to further contain this dangerous regime.” “I welcome all efforts to hold Vladimir Putin accountable for his violence at home and abroad, but this package leaves much to be desired,” said Sen. Wicker. “Instead of the bold action needed to change the Kremlin’s behavior, yesterday’s sanctions represent the latest in a series of incremental steps that exact minimal costs and will have minimal effect. The longer we wait to impose real consequences for Moscow’s bad acts, the longer the Russian people will continue to suffer under Putin’s brutal authoritarian regime.” On April 15, Treasury sanctioned 16 individuals and entities that attempted to influence the 2020 U.S. presidential elections on behalf of the Government of Russia. Along with the European Union, United Kingdom, Canada, and Australia, Treasury also designated five people and three entities in connection with Russia’s occupation of Crimea and human rights abuses there. Under the authority of a new Executive Order issued by President Biden, Treasury implemented new restrictions on the purchase of Russian sovereign debt as well as targeted sanctions on technology companies engaged in malicious cyber activities against the United States.

  • Helsinki Commission Leaders Call on Belarusian Authorities to Release Journalists, Political Prisoners

    WASHINGTON—In response to the ongoing crackdown on journalists and civil society in Belarus, including the detention of RFE/RL consultant Ihar Losik for almost 300 days on spurious charges, U.S. Helsinki Commission Chairman Sen. Ben Cardin (MD) and commission leaders Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following joint statement: “Despite Aleksandr Lukashenko’s attempt to intimidate Belarusians, the resounding call for freedom and democracy in Belarus has been heard around the world. Ihar Losik, Katsiaryna Barysevich, Dzianis Ivashyn, Katsiaryna Andreyeva, and Darya Chultsova are just a few of the brave Belarusian journalists who have been imprisoned for simply doing their jobs. “We stand in solidarity with the people of Belarus, and in admiration of the courageous journalists who provide critical information to their fellow citizens despite the serious risks they face. “We call on Mr. Lukashenko to release all political prisoners without exception, and to end the attacks against journalists, civil society, and all Belarusians peacefully exercising their rights.” Since the run-up to the fraudulent August 2020 election, and during the subsequent protests, Belarusian authorities have conducted a sweeping crackdown on journalists, civil society, and opposition politicians. Sen. Wicker immediately condemned the election results and violence against protestors in Belarus, and Rep. Alcee L. Hastings, then chairman of the Helsinki Commission, asked the U.S. administration to revoke access to the U.S. financial system for the nine largest state-owned companies in Belarus following the government’s violent suppression of peaceful protests. According to Belarusian human rights groups, there are now more than 350 political prisoners in the country. On March 31, the State Department announced that unless Belarus releases all political prisoners, the general license issued by the Treasury Department authorizing transactions with nine state-owned enterprises in Belarus will lapse in late April.  

  • Corruption Is a National Security Threat. The CROOK Act Is a Smart Way to Fight It.

    Not long ago, America’s greatest adversaries were bound together by communist ideology. Today, they most often are defined by political corruption—authoritarian leaders using the levers of government to enrich themselves and ward off political opponents. Corrupt leaders cling to power through patronage networks and exploit rule-of-law jurisdictions, like the United States, to conceal and protect their stolen assets. These leaders are also accustomed to using strategic corruption as a tool of foreign policy. Corruption has its most perverse effects on the people who are forced to live under it. Corruption undermines democracy, hollows out the rule of law, and prevents the efficient and fair delivery of government services, as evidenced in the scandals affecting certain pandemic response efforts. Corruption also fuels the rise of authoritarian opportunists who seek to exploit social divisions, restrict freedom, and use public office for personal gain. Corruption also poses a wider threat to American democracy and prosperity, and to the prosperity of our allies. Almost every major transnational threat—such as human trafficking, black markets, and terrorism—is inextricably linked to corruption. Slowly but surely, the fight against corruption is gaining momentum worldwide. In Russia, corruption exposed by activist Alexei Navalny has sparked mass protests against a political elite that systematically steals from them. In the past three years alone, outrage against corruption has fueled protests in 32 countries. Despite these encouraging signs, opportunities to root out corruption remain rare—and when they arise, the window for action closes quickly. To have maximum impact in this fight, the United States needs to be ready to assist anti-corruption reformers on short notice. Seizing Opportunities for Reform The United States currently spends about $115 million a year on global anti-corruption programs. To put this in perspective, we spend $9.5 billion annually on global health assistance programs. Unfortunately, many of the funds we put toward anti-corruption efforts get trapped in multi-year technical programs that are unable to respond nimbly to sudden opportunities for governance reform. Scholars and practitioners have demonstrated that rapid action is crucial to making corruption reforms stick. When the rare window for reform opens, reformers must act quickly and boldly to capitalize on public momentum and prevent old-guard cronies from reasserting their influence. If the United States does not compete in these environments, fledging reformers will have an even harder time succeeding, and authoritarian kleptocrats will gain ground. The United States needs to be proactive in developing strategic relationships and agile programs that will keep us relevant in moments of historic opportunity. Last month, we introduced the Countering Russian and Other Overseas Kleptocracy (CROOK) Act to upgrade America’s anti-corruption efforts by targeting kleptocracy at the source. The CROOK Act would create an anti-corruption action fund to help activists leverage public sentiment to achieve lasting reform, without any additional cost to taxpayers. The fund would be financed through a $5 million surcharge on entities found liable for $50 million or more in criminal fines and penalties under the Foreign Corrupt Practices Act (FCPA). Based on data from the last 10 years, this bill would put an additional $16 million per year toward global anti-corruption work. Funds would continue to accrue until a historic window of opportunity opens, at which point funds would be rapidly deployed to help establish the rule of law. Imagine if the United States had been able to inject more anti-corruption resources into Ukraine after the Revolution of Dignity in 2014, or Armenia after the 2018 Velvet Revolution, or Malaysia after its 2018 election. If the United States had been ready with an anti-corruption action fund, we could have dramatically amplified the work of courageous reformers to establish lasting change, and ultimately make the United States more secure. Leveraging FCPA fines and penalties to fight global anti-corruption is a long-overdue shift. The FCPA, passed in 1973, makes it illegal for a U.S. business to pay a bribe abroad and collects enormous fines and penalties every year—often in the billions of dollars. Yet historically, these fines have gone exclusively to the U.S. Treasury rather than being recycled into anti-corruption efforts. On issues like human trafficking and child pornography, the U.S. government already uses some money collected from perpetrators to aid victims and help fight the crimes committed against them. It is time for a similar approach to fighting corruption.  Enhancing FCPA Enforcement The FCPA represents America’s commitment never to export corruption abroad. This draws a stark contrast with kleptocratic powers like China, a nation that exports corruption skillfully and aggressively through its Belt and Road Initiative. Regrettably, vigorous enforcement of the FCPA—though fully legal—has been a sticking point with some allies, who falsely claim it is a means to line American pockets. The CROOK Act would undercut these claims by redirecting a portion of fines and penalties collected to help U.S. partners fight corruption. The CROOK Act would also rebut a longstanding critique of the FCPA: that the U.S. unfairly targets private companies for offering bribes rather than targeting the source of demand for those bribes among foreign officials. The CROOK Act would create a more holistic approach by helping establish rule-of-law structures that would restrain officials from seeking bribes, resulting in a more level playing field for American businesses. The world’s most prominent anti-corruption advocates have all endorsed the CROOK Act, including Transparency International USA and the Financial Accountability and Corporate Transparency (FACT) Coalition. Like much of the legislation that has emerged from the U.S. Helsinki Commission on which we serve, this bill enjoys bipartisan support in both the House and the Senate. Fighting corruption is an imperative for the United States. As a beacon of liberty and the rule of law, it is our duty and the purest expression of our values. It is also a highly practical form of soft power that advances our national security. Allocating the right resources for this fight is a small price to pay for advancing good governance abroad and creating a more stable world. Passing the CROOK Act would be decisive step in the right direction.

  • Helsinki Commission Leaders on Intelligence Report Outlining Foreign Attempts to Influence 2020 Election

    WASHINGTON—Following the release of a U.S. intelligence report outlining foreign efforts to influence the 2020 U.S. elections, including by the Kremlin, Helsinki Commission leaders Rep. Alcee L. Hastings (FL-20), Rep. Joe Wilson (SC-02) and Sen. Ben Cardin (MD) issued the following statements: “The Kremlin wants to sow uncertainty, chaos, and disorder in the United States and uses weapons of influence and disinformation to strike when we are most divided and vulnerable,” said Rep. Hastings. “International election observers noted earlier reports of foreign actors engaged in disinformation campaigns designed to degrade public confidence in the U.S. electoral process. Although the 2020 elections were free and fair, we cannot be complacent. We must strengthen our society and institutions against further attacks on our sovereignty.” “The Kremlin’s mobilization of bots, trolls, and agents of influence to exploit pre-existing divisions in American society and further polarize discourse will not stop with our most recent elections,” said Rep. Wilson. “America’s best defense will continue to be informed citizens, continued vigilance from the U.S. intelligence community, and sanctions and other punishments on those who seek to undermine our institutions.” “Reports of the Kremlin’s efforts to influence our elections and undermine faith in our democracy are troubling,” said Sen. Cardin. “We must be vigilant against such threats, not only in the United States, but wherever Putin attempts to strike next. Working with allies around the globe to bolster our defenses against malign disinformation campaigns is vital to safeguard our foreign policy and security interests.”     On March 16, the Office of the Director of National Intelligence released an unclassified version of a report assessing the scope of foreign threats to the 2020 U.S. elections. The intelligence community assessed that Russian president Vladimir Putin authorized “influence operations aimed at denigrating President Biden's candidacy and the Democratic Party, supporting former President Trump, undermining public confidence in the electoral process and exacerbating sociopolitical divisions in the United States.” The campaign, implemented by various Kremlin entities, focused on the use of proxies tied to Russian intelligence who peddled influence narratives in media and within the Trump administration. In September 2020, the Treasury Department imposed sanctions on one of the individuals mentioned in the report, Ukrainian parliamentarian Andriy Derkach. The report notes no attempts to interfere in technical aspects of the voting process.

  • U.S. Election Practices: An International Perspective

    Madam Speaker, this chamber recently passed H.R. I, the "For the People Act,'' significant legislation making it easier for American citizens to vote in U.S. elections and improve transparency and accountability in our election process. The White House also recently announced a new executive order to assist this effort. These are positive developments that I welcome and support, but, as we all know, not everything regarding the conduct of elections can be done at the federal level. Unfortunately, many state legislatures are now undertaking efforts that would make it more difficult for eligible Americans to participate in the electoral process and vote. As Chair and in the leadership of the Helsinki Commission, I have supported the positive steps we are trying to take on this issue, yet I remain deeply concerned about those who want to move our country backward. Perhaps it would help our debate to look at the conduct of the 2020 U.S. elections from an international perspective, including the conduct of elections in conformity with international commitments first proposed and advocated by the United States more than 30 years ago. The United States has been one of five countries thus far where the OSCE Parliamentary Assembly has observed elections during the unprecedented challenges of the pandemic, and a German parliamentarian reported on its findings on February 26. He did not point fingers at us and accuse. He mentioned the positive as well as the negative. He is clearly a friend who cares, as most of the OSCE observers undoubtedly were. As a previous election observer in the OSCE region, I can also attest, that the code of conduct makes it is extremely unlikely that the OSCE election observation could be steered in support of any particular agenda other than better democracy. I therefore want to commend to my colleagues the full OSCE Final report "United States of America General Elections, 3 November 2020, ODIHR Limited Election Observation Mission," which can be found at https://www.osce.org/files/f/documents/7/7/477823_2.pdf. It offers an important perspective on our elections from persons who rightly care about the process, not the result. They have observed not only our elections since 2002 but elections in dozens of other countries on a regular basis. The issues raised in the report are the same issues we Americans debate here in Washington, in our state capitals and through the media. I take the conclusions and recommendations, including criticisms, in this election observation report seriously. It serves as a helpful guide on what next steps we should take to improve our electoral system. I believe our election officials and state legislators should read this report; indeed, I recommend it to any American who cares about his or her country. It is a broad snapshot of our entire, complex electoral system. Several of the priority recommendations in the report deal with voting rights and voter identification. Specifically, it says that "authorities should review existing measures to further reduce the number of unregistered voters, including addressing burdensome procedures and obstacles faced by disadvantaged groups.'' It also says that "states should make every effort to ensure that voter identification requirements are equally accessible to all voters.'' It also makes specific recommendations regarding specific groups of American citizens. We do not need to agree about every conclusion and recommendation in this report to take it seriously. It is a contribution to our debates from a unique perspective. Moreover, our acceptance of international observation serves a useful function in our foreign policy. OSCE election observation has encouraged practices giving voters a real choice in numerous other countries, many of which were once repressive, one-party communist states but are now our friends and even, in some cases, allies. The United States initiated this effort with the OSCE and contributes significantly to election observation missions elsewhere, providing the expertise that comes with our experience. If we are to encourage other governments to take this effort seriously and implement recommendations, we need to set the example ourselves. Unfortunately, several U.S. states greatly restrict or even prohibit international observation. This is something which must change as we prepare for mid-term elections in 2022 and general elections in 2024.

  • The Ongoing Importance of the Work of the U.S. Helsinki Commission

    Madam Speaker, I rise today to discuss the work of the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission and its continued importance in addressing challenges in our country and abroad. For over four decades, the Helsinki Commission has championed human rights, democracy, and comprehensive security across the 57 North American, European, and Central Asian countries that make up the region of the Organization for Security and Cooperation in Europe (OSCE). As Chair of the Helsinki Commission during the 116th Congress, I worked with my House and Senate colleagues to continue the Commission's longstanding efforts to monitor participating States compliance with the Helsinki Accords. The importance of election observation in our country and abroad, restorative justice, the safety of journalists, and the global impact of George Floyd's tragic death on racial justice efforts were just some of the issues the Commission addressed last Congress, in addition to our continued focus on Russia, Ukraine, the Balkans and continued democratic development in the region. As we continue our work of the 117th Congress, I invite you to review the report: "Retrospective On The 116th Congress'' at https://www.csce.gov/international-impact/retrospective-116th-congress and http://www.csce.gov/sites/helsinkicommission.house.gov/files/116th%20Congress%20Report%20Final.pdf. This report summarizes the Commission's activities, as well as recommendations critical for the continued promotion of democracy and U.S. national security. Madam Speaker, I look forward to continuing this critically important work during the 117th Congress.

  • Ten-Member Congressional Delegation Demonstrates Ongoing U.S. Engagement With the OSCE

    By Bob Hand, Senior Policy Advisor Approximately 270 parliamentarians from across the OSCE region gathered virtually from February 24 – 26 for the OSCE Parliamentary Assembly’s Winter Meeting, the first statutory meeting of the Assembly held since the COVID-19 pandemic limited inter-parliamentary diplomacy to online gatherings.  The ongoing impact of COVID-19 on security, the economy, the environment and the human rights and democratic development of the 57 OSCE States remained the focus of the annual gathering.  Supported by the U.S. Helsinki Commission, the U.S. Delegation remained actively engaged, fielding a bicameral, bipartisan delegation of 10 Members of Congress who participated remotely in the debates.  Sen. Ben Cardin (MD) served as Head of the U.S. Delegation.   The OSCE Parliamentary Assembly (PA) is an independent institution of the Organization for Security and Cooperation in Europe (OSCE) created in 1991 for parliamentarians to complement the inter-governmental work of the 57 participating States. Unlike other OSCE bodies, countries are represented based on population rather than each having a single seat at the table (the United States has the largest representation with 17 seats), and decision-making is based on a majority vote rather than consensus. The Annual Session each summer is the principal gathering, with a Winter Meeting in February and an Autumn Meeting in October to initiate and conclude the year’s work. Despite a busy congressional schedule, the members of the U.S. Delegation successfully raised critical country, issue, and institutional concerns, including the attempted poisoning and incarceration of Alexei Navalny, Russian aggression in Ukraine, the brutal crackdown in Belarus and corruption and authoritarian tendencies elsewhere in the OSCE region. Active U.S. engagement demonstrates the depth of U.S. commitment to European security, and reflects the importance of the OSCE PA as a vehicle for advancing U.S. interests and building support on issues like human trafficking, attacks on the media, manifestations of anti-Semitism, racism and intolerance, as well as country-specific concerns.  Such a large delegation of Members of Congress reflected the diversity of opinion in the United States, setting an example of openness and honesty for others to follow, deflecting accusations of double standards on U.S. performance, and strengthening the message on human rights concerns in other countries where the Members of Congress can and do express a united view. Improvising Engagement Amid Pandemic Since 2002, Winter Meetings have been held in Vienna, Austria to facilitate direct interaction among parliamentarians, OSCE officials, and diplomatic representatives of the OSCE participating States.  The Winter Meeting also allows the Assembly’s general committees to discuss work for the coming year.  The outbreak of the COVID pandemic in early 2020 forced the cancellation of the Annual Session scheduled for July in Vancouver and the Autumn Meeting scheduled for October in San Marino.  Without rules dealing with such situations, the OSCE PA Secretariat maintained inter-parliamentary engagement by organizing a dozen or more inter-parliamentary web dialogues from April into November to substitute for the traditional gatherings. While no replacement for traditional meetings, these unofficial events provided needed continuity and contact among delegates.  First the first time in the history of the OSCE PA, no annual declaration was adopted, but the then-Assembly President George Tsereteli provided summaries of the web debates on relevant issues, a record of dialogue even in the midst of pandemic. The OSCE PA resumed election observation where possible and responded to political impasse within the OSCE itself by issuing a “Call for Action” urging a reaffirmation of the organization’s once common purpose.    For 2021, the OSCE PA has been seeking to resume its regular meeting schedule, although conditions still required the Winter Meeting to be held remotely.  Five sessions were scheduled during hours that best accommodated participants across some 16 time zones, from Vancouver to Ulaanbaatar.     At the meeting of the Heads of Delegation, known as the Standing Committee, it was announced that the 2021 Annual Session would be unable to be held in person as planned in Bucharest, Romania, in early July.  As a result, the Standing Committee amended the Assembly’s rules of procedure to allow statutory meetings to go forward online, including permitting elections for OSCE PA officers and other decisions to be handled remotely. Maintaining Focus on Substantive Issues and Concerns Beyond scheduling and procedures, the Standing Committee also looked at substance. Following reports from current OSCE PA President Peter Lord Bowness (United Kingdom), Secretary General Roberto Montella (Italy), and OSCE PA Special Representatives appointed to address particular concerns, there were heated exchanges between Azerbaijan and Armenia regarding Nagorno-Karabakh, as well as on Russian aggression against Ukraine and the brutal crackdown on protesting opposition in Belarus—issues that would be raised repeatedly throughout the meeting.  Sen. Cardin, attending not only as Head of Delegation but also as Special Representative on Anti-Semitism, Racism and Intolerance, delivered a report on his activities, as did Rep. Chris Smith (NJ-04), who serves as the Special Representative on Human Trafficking Issues.   “The coronavirus pandemic has created an unprecedented health crisis in the OSCE region, exacerbated by pre-existing inequities and disproportionately impacting people of color. Heightened anti-Asian discrimination, anti-Semitic conspiracy theories, and violent attacks targeting diverse populations have followed… My report details a response to these developments, as well as the global racial justice movement spurred by the tragic death of George Floyd.” ​ Sen. Ben Cardin (MD), Head of U.S. Delegation, U.S. Helsinki Commission Rep. Smith noted, “Traffickers did not shut down during the pandemic—they simply adapted their methods. Meanwhile, vulnerable people were made even more vulnerable by both the virus and its deleterious impact on the global economy… As we worked to address these challenges, it was crucial to have information and recommendations based on real, concrete data.” The Joint Session of the General Committees effectively served as the opening plenary. President Bowness opened the session with a defense of principled-based dialogue, and guest speakers included Ann Linde, Sweden’s foreign minister and this year’s OSCE Chair-in-Office, as well as Helga Schmid (Germany), the OSCE’s new Secretary General.  The chairperson outlined plans for 2021, asserting that the she will “prioritize the comprehensive concept of security across all three dimensions,” namely the Security, Economic and Human Dimension, which she argued “contributes to making the OSCE truly unique.”  The Secretary General expressed her hopes to provide needed support for the organization and its mission, and she credited the OSCE PA for bringing emerging security issues into the OSCE debate.      Sen. Cardin thanked the Assembly and its parliamentarians for their expressions of concern and support for the United States in light of efforts to delegitimize the November 2020 presidential elections and the related violent mob attack on the U.S. Capitol in January 2021.  He also expressed support for the comments of Lord Bowness and the priorities announced by the Swedish Chair-in-Office, including to have the Human Dimension Implementation Meeting in 2021. “We must challenge those who are seeking to weaken the OSCE or aren’t living up to their commitments. That’s our priority as parliamentarians … and we must as parliamentarians support the mission of the OSCE and help strengthen it through our actions and our capitals,” he said.  Finally, speaking on behalf of Rep. Alcee Hastings (FL-20), who was unable to attend, Sen. Cardin asked the Swedish chair about how the OSCE can engage Armenia and Azerbaijan in order to address outstanding issues and encourage a return to the Minsk Group settlement process to achieve a sustainable resolution of the conflict. Taking a Closer Look at the Security, Economic and Human Dimensions of OSCE Following the Joint Session, each of the three General Committees heard from OSCE officials in their respective fields, or dimensions, of OSCE work.  Presenters included the ambassadors serving as chairs of the counterpart committees of the OSCE’s Permanent Council and the head of the OSCE’s Special Monitoring Mission in Ukraine. The three committees also heard from their respective rapporteurs on plans for drafting substantive reports that will be the basis of further activity at the Annual Session. Rep. Richard Hudson (NC-08), who chairs the General (First) Committee on Political Affairs and Security, noted the myriad of security and political issues confronting the OSCE during the past year, including the war in Ukraine, conflict in Nagorno-Karabakh, and political turmoil in countries of concern like Russia, Belarus, and most recently Georgia.  “Our engagement with critical issues in the OSCE space has been consistent and impactful,” he concluded. Speaking during the session, Acting U.S. Assistant Secretary of State Phil Reeker called the erosion of the European security environment the “biggest challenge we face today in the organization” and highlighted U.S. plans for the Forum for Security Cooperation (FSC) during its four-month chairmanship.  The Acting Permanent Representative of the United States to the OSCE and FSC chair, senior diplomat Courtney Austrian, was present for the discussion. Sen. Roger Wicker (MS) took the floor during subsequent debate to condemn Russian violations of Helsinki Principles in its aggression in Ukraine.  He said that “Moscow must withdraw proxies in eastern Ukraine” and “respect Ukraine’s territorial integrity,” asserting that relevant sanctions will remain in place until that happens.  Rep. Steve Cohen (TN-09) also responded to an intervention on youth and drugs by a delegate from Belarus, arguing that citizens need to be given greater freedom if young people are to feel a commitment to the country. Three other Members of Congress participated in the session of the General (Second) Committee on Economic Affairs, Science, Technology and the Environment, which covered issues ranging from corruption to climate change.  Rep. Brian Fitzpatrick (PA-01) focused on addressing corruption. “It should come as no surprise to anyone … that legislatures have one of the most important roles to play in combating corruption—that of establishing a transparent and accountable legal and financial framework that empowers law enforcement officials and is maximally resistant to fraud,” he said.  Sen. Sheldon Whitehouse (RI) said that the United States “is back” in efforts to combat climate change and noted recent U.S. legislation designed to address shell companies that support a global dark economy by sheltering “assets of thieves.”  Rep. Gwen Moore (WI-04) spoke about the devastating impact of the pandemic on women in the healthcare industry as well as on small business, and she expressed concern about risks to supply chains and business ties to both China and Russia.   Three Members of Congress also participated in of the General (Third) Committee on Democracy, Human Rights and Humanitarian Questions.   Rep. Cohen asserted that human rights has reclaimed its place in U.S. foreign policy, and emphasized human rights in concerns in Russia, Belarus, and Hungary. He expressed particular concern about the poisoning and recent arrest of Russian opposition figure Alexei Navalny and called for Belarus to release political prisoners and to hold elections with OSCE observers. Rep. Marc Veasey (TX-33) took the floor in a later debate, responding to a report on the OSCE’s observation of the U.S. general elections in November 2020.  He stressed the need for U.S. states that currently prohibit or restrict international observation to consider a more open approach and   concluded that “our election officials and state legislators should read this report,” along with “any American who cares about his or her country.  It is a broad snapshot of our entire electoral complex system that we have here.”  Rep. Robert Aderholt (AL-04) raised concerns about discriminatory restrictions on religious assembly during the pandemic, as well as on the diminishing free media environment in many participating States. “Press freedom in the OSCE region has continued to decline as some governments are using economic, legal, and extra-legal tools to silence independent media and also to bolster loyal outlets and dozens of journalists are imprisoned in the OSCE region,” he said. “We’ve seen that in Russia, we’ve seen that in Belarus, we’ve seen that in Turkey, detaining scores of journalists in recent national protests.” There was one side event held in conjunction with the Winter Meeting, organized by the Norwegian Helsinki Committee in cooperation with the Lithuanian Mission to OSCE. Seven panelists in two sessions highlighted how international instruments—such as the Moscow Mechanism, Magnitsky-like legislation, the International Criminal Court, the European Court of Human Rights, and the promotion of a universal criminal jurisdiction—could increase accountability of state actors, support Belarus’ democracy movement, and deny financial safe havens to Russian kleptocrats.  Belarusian opposition leader Sviatlana Tsikhanouskaya and Boris Nemtsov Foundation for Freedom chairman Vladimir Kara-Murza were among the event panelists. Assessing the Effort The virtual three-day, five-session Winter Meeting could not replace an in-person gathering in Vienna, a point frequently made by the parliamentarians themselves.  However, it did allow for a resumption of constructive debate in the general committees and interaction among parliamentarians and other OSCE institutions, paving the way for a return to more traditional work as the year progresses. The need to cancel the Annual Session planned for July in Bucharest was a major disappointment, but the adoption of rules governing such emergency situations now permit some continuity of effort.

  • Helsinki Commissioners Reintroduce Ukraine Religious Freedom Support Act

    WASHINGTON—Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02) and Commissioner Rep. Emanuel Cleaver, II (MO-05) yesterday reintroduced the bipartisan Ukraine Religious Freedom Support Act (H.R. 496) in the House of Representatives. The House unanimously passed the original legislation, which targets Russia’s religious freedom violations in Ukraine, on November 18, 2020. “The Kremlin and its proxies continue to imprison and torture people on Ukrainian territory for their faith. Russian government perpetrators must be punished for these crimes,” said Rep. Wilson. “This legislation would ensure that the president of the United States has the authority and mandate to impose costs on Russian officials who are responsible for such assaults on religious freedom.” “The yoke of Putin’s occupation and oppression weighs heavily on Ukrainians. The desire to seek and follow the truth, to explore ultimate meaning, is written on every human heart,” said Rep. Cleaver. “We must stand up to the Russian government’s attempts to suppress the freedom of Ukrainians to follow their religious conscience.” The Ukraine Religious Freedom Support Act would require the president of the United States to consider particularly severe violations of religious freedom in Russia-occupied or otherwise controlled territory in Ukraine when determining whether to designate Russia as a Country of Particular Concern (CPC) for such violations. The bill authorizes the president to hold Russia responsible for violations in Ukrainian territory it illegally occupies or controls, not just for violations inside Russia’s internationally-recognized borders. The International Religious Freedom Act of 1998 requires the president to designate CPCs when their governments engage in or tolerate particularly severe violations of religious freedom, including killings, torture, abduction, and detention. It also requires the president to then take 15 specific actions, or commensurate action, and ban the foreign officials responsible from entering the United States. The Secretary of State has placed Russia on the Special Watch List for countries with severe violations every year since 2018. The legislation also states, “It is the policy of the United States to never recognize the illegal, attempted annexation of Crimea by the Government of the Russia or the separation of any portion of Ukrainian territory through the use of military force.” Russian forces first invaded Crimea in February 2014 and continue to illegally occupy it. Since April 2014, Russia has controlled parts of the Donbas region in eastern Ukraine with non-state armed groups and illegal entities it commands. Under international humanitarian law, including the Geneva Conventions, Russia is responsible for religious freedom violations in Crimea and parts of the Donbas. Participating States of the Organization for Security and Cooperation in Europe, including Russia, have repeatedly committed to respect and protect freedom of religion or belief. The Helsinki Commission has compiled 16 documents outlining religious freedom commitments made by OSCE participating States. Original co-sponsors of the legislation include Helsinki Commissioners Rep. Brian Fitzpatrick (PA-01), Rep. Steve Cohen (TN-09), Rep. Richard Hudson (NC-08), and Rep. Gwen S. Moore (WI-04). Rep. Gus M. Bilirakis (FL-12), Rep. Anna G. Eshoo (CA-18), and Rep. Andy Harris, M.D. (MD-01) are also original cosponsors.

  • Helsinki Commission Digital Digest: January 2021

  • Helsinki Commission Leaders Decry January 6 Attack on U.S. Capitol

    WASHINGTON—Following the violent assault on the U.S. Capitol on January 6, Helsinki Commission leaders Rep. Alcee L. Hastings (FL-20), Sen. Roger Wicker (MS), and Sen. Ben Cardin (MD) issued the following statements: “I never thought that in my lifetime I would see our country’s democratic institutions literally under siege.  In America, we pride ourselves on the integrity of our elections and on a peaceful transition of power. We demonstrate this not only through our words but through our actions, both at home as well as abroad, where we ardently support freedom and democracy from Vancouver to Vladivostok,” said Rep. Hastings. “Wednesday’s violence was a vicious attack on democracy, the rule of law, and every value that our country holds dear. President Trump must immediately condemn the actions of his supporters and recommit to his oath to preserve, protect, and defend the Constitution for the remainder of his term. Otherwise, the consequences could be unpredictable and potentially dire.” “Our country has long been a beacon of freedom and the orderly transfer of power. Wednesday’s attempt to disrupt our democracy through lawlessness and intimidation was intended to cast doubt on that principle but was doomed to fail. The guardrails held, and the work of the U.S. Congress continues,” said Sen. Wicker. “However, the divisions that led to this chaotic attack on the U.S. Capitol cannot be ignored. If the United States is to continue to inspire others who are fighting for their fundamental freedoms worldwide, we must work together to rebuild confidence in our institutions. In spite of our political differences, all Americans must make it clear that we will not stand for this kind of attack on the rule of law. And we must prosecute to the fullest extent of the law those who seek to undermine our democratic processes through violence.” “Violent behavior and blatant disregard for the rule of law can never be normalized in the U.S. or anywhere around the world. The American Capitol was attacked by a mob incited by a president who refused to accept the results from a free and fair election and who worked to overturn the will of the voters. If a foreign leader acted in such a blatant way to overturn legitimate election results, the full United States Congress rightly would forcefully condemn such autocratic and undemocratic actions,” said Sen. Cardin. “To move forward as a nation, members of both parties must stand together to reaffirm the resilience of our democracy, honestly confront the toxic voices in our society that seek to tear us apart, and so prevail over the dangerous extremism that led to this violent rampage.”

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