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United States
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PROCEEDINGS AND DEBATES OF THE 113th CONGRESS, 2nd SESSION

Vol. 159 Washington, Friday, February 28, 2014 No. 5

Senate


UKRAINE



HON. BENJAMIN L. CARDIN

OF MARYLAND

Thursday, February 27, 2014


Mr. CARDIN. Mr. President, I take this time to share with my colleagues the tragic events that unfolded these past few weeks in the Ukraine. Ukraine is an incredibly important country. The recent events are tragic, the result of a corrupt government and loss of life.

I remember the Orange Revolution that took place in Ukraine, starting in November 2004, ending in January 2005. Hundreds of thousands of Ukrainians took to that protest to protest the corrupt election. They did it in a peaceful way.

They not only got the attention of the people of Ukraine but the attention of the world. As a result of that peaceful revolution, the government stood for new elections, free and fair elections. Democratic leadership was elected, and all of us thought the future for Ukraine was very positive.

I was in Kiev not long after that Orange Revolution. I had a chance to talk to people who were involved, and I talked to the new leaders. I saw that sense of hope that Ukraine at long last would be an independent country without the domination of any other country and that the proud people would have a country that would respect their rights, that would transition into full membership in Europe and provide the greatest hope for future generations.

They started moving in that direction. As the Presiding Officer knows, there were agreements with Europe on immigration. They have been involved in military operations in close conjunction with NATO. Ukraine was and is an important partner of the United States and for Europe.

Then Victor Yanukovych came into power for a second time. Mr. Yanukovych took the country in a different direction. He was a corrupt leader. He had a close involvement with Russia.

Today there is some hope. The Parliament has brought in a new interim government. Presidential elections are now scheduled for May 25. But there are certain matters that are still very much in doubt. In the Crimea, which is a part of the Ukraine which has a large Russian population, it is unclear as to what is happening there. Pro-Russian sympathizers have taken over government buildings. It is not clear of Russia’s involvement.

It is critically important that the international community have access to what is happening in the Crimea and make it clear that Russia must allow the Ukraine to control its own destiny. It is time for the international community to mobilize its resources to assist Ukraine’s transition to a democratic, secure, and prosperous country.

The people of Ukraine have had an incredibly difficult history and over the last century have been subjected to two World Wars, 70 years of Soviet domination, including Stalin’s genocidal famine.

Our assistance at this time will be a concrete manifestation that we do indeed stand by the people of Ukraine as they manifest their historic choice for freedom and democracy. Moreover, we need to help Ukraine succeed to realize the vision of a Europe whole, free, and at peace.

That is our desire and that is the desire of the people of Ukraine. They are moving on the right path. They critically need our help and that of the international community to make sure Russia does not try to dominate this country; that its desire to become part of Europe is realized; that free and fair elections can take place, and the rights of their people can be respected by their government.

Yesterday I heard from Swiss President and OSCE Chair-in-Office Burkhalter and welcomed his engagement and the important role the OSCE can play in Ukraine.

As a member of the Commission, I had the honor of chairing the Helsinki Commission, which is our implementing arm to the Organization for Security and Co-operation in Europe. A Foreign Minister from one of the member states usually acts as our Chair-in-Office, and this year Mr. Burkhalter is not only the Foreign Minister of Switzerland, he is also the President of Switzerland. He is the person responsible for the direction of the organization. We had a hearing with him and Ukraine took a good part of our discussions.

The guiding principles of the OSCE is if they are going to have a prosperous country, if they are going to have a secure country, they have to have a country that respects the rights of its citizens. Respecting the rights of its citizens means they are entitled to good governance. They are entitled to a country that does not depend upon corruption in order to finance its way of life. Those are the principles of the OSCE. A country with good governance, respect for human rights, that takes on corruption, is a country in which there will be economic prosperity and a country which will enjoy security. That has been our chief function, to try to help other countries.

The meeting yesterday underscored the importance OSCE can play in the future of Ukraine, and we hope they will utilize those resources so Ukraine can come out of this crisis as a strong, democratic, and independent country.

There has to be accountability. There has to be accountability for those who are responsible for the deaths in Kiev. I mention that because, yes, there is a moral reason for that. Those who commit amoral atrocities should be held accountable. That is just a matter of basic rights. But there is also the situation when they don’t bring closure here, it offers little hope that these circumstances will not be repeated in the future. If future government leaders believe they could do whatever they want and there will be no consequences for their actions, they are more likely to take the irresponsible actions we saw on Ukraine.

So, yes, it is important we restore a democratic government in Ukraine. It is important that government be independent and able to become a full member of Europe. It is important that government respect the human rights of its citizens, but it is also important they hold those responsible for these atrocities accountable for their actions.

The Obama administration took some action this past week. They did deny visas to certain members who were responsible for the Government of Ukraine, and they did freeze bank accounts of those who were involved in the corrupt practices in Ukraine. That was a good first step and I applaud their actions.

I remind my colleagues we passed the Sergei Magnitsky Rule of Law Accountability Act as part of the Russia PNTR legislation. I was proud to be the sponsor of the Sergei Magnitsky Rule of Law Accountability Act. What it does—and it says it was amended to apply only to Russia—those who are involved in gross violations of internationally recognized human rights will be denied the privilege of being able to come to America, to get a visa and we will deny them the opportunity to use our banking system.

Why is that important? Because we found those corrupt officials want to keep their properties outside of their host country. They want to visit America. They want to use our banking system. They want their corrupt ways to be in dollars, not in rubles. Denying them that opportunity is an effective remedy for making sure they can’t profit from all of their corruption.

That legislation was limited to Russia not by our design. The Senate Foreign Relations Committee and the Senate Finance Committee approved the Sergei Magnitsky Rule of Law Accountability Act as a global act applying beyond Russia.

Sergei Magnitsky was a young lawyer who discovered corruption in Russia. He did what he should have done— told the authorities about it. As a result, he was arrested, tortured, and killed because he did the right thing. We took action to make sure those responsible could not benefit from that corruption. That was the Sergei Magnitsky bill. We felt, though, it should be a tool available universally. We had to compromise on that, and it was limited to Russia.

It is time to change that. Along with Senator MCCAIN, I have introduced the Global Human Rights Accountability Act, S. 1933. It has several bipartisan sponsors. It would apply globally. So, yes, it would apply to Ukraine. It would have congressional sanctions to the use of tools for denying visa applications and our banking privileges to those who are responsible for these atrocities. I believe our colleagues understand how important that is for us to do.

It is interesting that today the State Department issued its Human Rights Practices for 2013. This is a required report that we request. It gives the status of human rights records throughout the world, talking about problems.

I am sure my colleagues recognize that human rights problems are not limited to solely Russia or Ukraine, from Bahrain to China, to Bangladesh, from Belarus to Ethiopia, to Venezuela, from the Sudan to South Sudan, Syria, the list goes on and on and on.

The report lists all of the gross violations of human rights that have occurred. Unfortunately, this list is too long. I can name another dozen countries that are spelled out in this report. Human rights are universal, and it is our responsibility to act and show international leadership.

It takes time to pass good laws, as it should, which is why we must act with urgency now. The measures contemplated in my legislation have great corrective power, but they are strongest when deployed in a timely manner, preferably before the outbreak of violence.

The year 2013 was a particularly challenging year for human rights and we cannot afford to be silent. The Global Human Rights Accountability Act serves as an encouragement for champions of democracy, promoters of civil rights, and advocates of free speech across the globe.

As the great human rights defender Nelson Mandela once said: ‘‘There are times when a leader must move ahead of the flock, go off in a new direction, confident that he is leading his people the right way.’’

In this great body, the Senate, we have a responsibility to lead the way in accountability for human rights. We have done that in the past. We have shown through our own example and we have shown through our interest in all corners of the world that this country will stand for the protection of basic human rights for all the people. We now have a chance to act by the passage of the global Magnitsky law. I hope my colleagues will join me in helping enact this new chapter and the next chapter in America’s commitment to international human rights.

I suggest the absence of a quorum.





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Commission staff meet with ODIHR staff. From left: David Kostelancik, Jean Pierre Froehly (ODIHR), Erika Schlager, Georg Link (ODIHR), David Killion, Kyle Parker, Paul Massaro, Mischa Thompson