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Українська Асоціація Американістики The Ukrainian Association for American Studies |
Ukraine in Congress – A Century of U.S. Congressional Support for Ukraine
by Orest Deychakiwsky
Introduction – Independence 1918 and 1991
It has sometimes been difficult for Ukraine to find international support but a
strong argument can be made that Ukraine has had few better friends over the
course of the last century than the United States Congress. This was
especially true in the decades leading up to the dissolution of the Soviet
Union when Ukraine was a captive nation and a relative unknown in the United
States. It is impossible to take a detailed, comprehensive look at
Congress’ historic role in one article but I hope to at least give you a sense
of the scope of Congressional engagement on Ukraine. Congressional
efforts could be distilled to one word: freedom. It is the unifying theme. In
this overview, I will try to briefly give you some sense of the what, when,
where and why of Congressional activity vis-à-vis Ukraine.
A century ago, in 1917, a Congressman named James Hamill (D-NJ) introduced a
Joint Resolution to proclaim a nationwide Ukrainian Day. And even though
Ukraine was then a terra incognita in the United States, the resolution passed
and President Wilson proclaimed April 27, 1917 as a day to collect moneys for
the aid of the “stricken Ruthenians (Ukrainians).” As a result of the
collection, $85,000 – which is $1.75 million in today’s dollars -- was
collected. Later, a Ukrainian information bureau was established in Rep.
Hamill’s office, and he was active in trying to obtain U.S. recognition for
Ukrainian independence, including through his subsequent December 1918
resolution on the eve of Versailles. But this measure was defeated, given U.S.
policy at the time which decidedly did not support Ukrainian national
aspirations. An excellent source on this is Myron Kuropas’ book Ukrainians
in America.
Fast forward 72 years later to the Fall of 1991, when a resolution introduced
by Helsinki Commission Chair Sen. Dennis DeConcini (D-AZ) and Commissioner Rep.
Don Ritter (R-PA) calling for recognition of independence garnered significant
support. It was adopted -- as an amendment to a larger piece of
legislation -- despite a lack of support from the George H.W. Bush
Administration. Although the first Bush Administration was not opposed to
Ukraine’s independence per se – in contrast to Wilson --and certainly had an
appreciation for Ukraine’s national aspirations, for various reasons it
undertook a cautious approach. In a little over a month, over ¼ of the
Senate and 1/5 of the House joined the resolution as cosponsors -- which was no
small feat and a tribute to various organizations and individuals in the
Ukrainian-American community. In some respects, this resolution represented a
culmination of longstanding efforts by the Ukrainian-American community and its
many friends in the U.S. Congress prior to independence to assist the Ukrainian
people in their aspirations for human rights, freedom and independence.
The Post World War II Era
So, what happened in Congress between 1918 and 1991? The inter-war period
saw relatively little Congressional activity on Ukraine. A notable
exception was the 1934 Congressional resolution on Stalin’s man-made Famine
(Holodomor) introduced by Rep. Hamilton Fish (R-NY). Post-World War
II saw an uptick. The Displaced Persons Act of 1948 and follow-on
legislation – while not Ukraine-specific, did allow for the admission of some
80,000 post-war refugee Ukrainians living in Europe into the U.S. While
previous Ukrainian emigrations had done much to establish the infrastructure of
the Ukrainian-American community, this highly-politicized emigration and their
American-born children gave the impetus for greater political activity,
especially with respect to Congress.
During the late ‘40’s, through the 1960’s the Ukrainian Congress Committee of
America (UCCA) especially under its president, Dr. Lev Dobriansky, took the
lead in Congressional activity on Ukraine. This included lobbying on
behalf of a Ukrainian section within the Voice of America and presenting
testimony in front of various congressional committees on issues concerning
Ukraine. Two pieces of legislation were of special significance. One was
was the 1959 Captive Nations resolution, authored by Dobriansky who had many
connections in both parties in Congress and who played a critical role in
undermining the legitimacy of the Soviet Union. The other was the 1960 bill
authorizing the erection of the Taras Shevchenko monument in Washington.
The memorial dedication ceremony in 1964 saw the largest gathering of
Ukrainian-Americans ever -- some 100,000. Both of these pieces of
legislation and, in particular, the Captive Nations resolution, infuriated the
Soviet government. This was also a time when the January 22, 1918
independence of Ukraine was commemorated in Congress annually with events and
numerous Congressional statements. To take just one illustrative example – I
came upon a few January-February 1956 issues of The Ukrainian Weekly,
reporting on the Independence Day activities, and they were filled with various
Congressional statements, prayers for a free Ukraine in the Senate and House,
and a report on the introduction of a resolution condemning Russian Communist
oppression of Ukraine by Sen. Hubert Humphrey [D-MN], later vice-President of
the U.S. Clearly, the focus during this period was on the national rights of
Ukrainians.
The Peak of Pre-Independence Congressional Activity: 1975 - 1991
But it was the decade-and-a-half prior to independence, starting from late
1970’s that saw the most intensive period of Congressional activity on Ukraine.
And it is here that there was somewhat of a shift in emphasis – from national
rights to individual rights – although these, of course, were not mutually
exclusive. A key reason for this transition was the newfound attention placed
by the United States on the human rights provisions of the 1975 Helsinki Final
Act, especially the plight of political prisoners including the Helsinki
Monitors. These courageous men and women called upon the Soviet government to
live up to its freely undertaken Helsinki human rights commitments. The
largest and most repressed of the five Soviet groups was the Ukrainian Helsinki
Group. It members peacefully advocated not only for greater individual
rights and freedoms, chronicling many individual violations, but also for
greater cultural and linguistic freedoms as well as self-determination for
Ukraine. Not surprisingly, they were considered to be a particular threat
to the Soviet regime and were harshly repressed. Four of them died in the
Gulag as late as 1984-5, right before the era of glasnost/perestroika.
Many members of Congress, often working closely with the Ukrainian-American
community, vigorously rose to their defense. After their release, many
became involved with Rukh, Ukraine’s movement for independence, including its
co-founders Mykhailo Horyn and Vyacheslav Chornovil.
Institutionally, the creation of the Commission
on Security and Cooperation in Europe (popularly
known as the Helsinki Commission) shortly after the signing of the 1975
Helsinki Final Act whose mandate included pressing the Soviet government on
human rights brought greater attention to Ukrainian issues. This
interest was manifested through numerous resolutions on behalf of individual
Ukrainian political prisoners, hearings on human rights in Ukraine
(occasionally with the participation of former political prisoners), frequent
Congressional statements, press releases, Capitol Hill events and direct
contacts with Soviet officials in Washington, D.C or at international
conferences. The Congressional interest in human rights went beyond the
Helsinki Commission and the issues went beyond the political prisoners or
condemnations of human rights violations. The’80’s saw Holodomor resolutions in
connection with the 1983 fiftieth anniversary and very significantly, the
creation of the Commission on the Ukraine Famine. This Commission did
much to study and publicize this hitherto largely unknown genocide. Efforts
of the Helsinki Commission and many others in Congress – especially members of
the Ad Hoc Committee on the Baltics and Ukraine - focused on the plight of the
suppressed Ukrainian Greek-Catholic Church calling for its legalization,
especially in connection with a resolution on the Millennium of Christianity in
Kyivan Rus-Ukraine. Encouraged by the Ukrainian-American community,
specifically the Committee to Commemorate the Millennium of Christianity of
Rus-Ukraine, an unprecedently large number of Senators and Congressmen wrote
individual letters to Soviet leader Gorbachev calling for the legalization of
the Ukrainian-Greek Catholic Church. The 1986 Chornobyl disaster also
brought considerable Congressional attention to Ukraine, with resolutions,
hearings, statements and exhibits.
Sometimes too, Congressional efforts were geared toward our own government –
for example, encouraging the State Department to raise individual cases of
human rights abuse or related issues with the Soviets or calling for the
establishment of a U.S. consulate in Kyiv (with the purpose of reducing
Ukraine’s international isolation). There was also much Congressional
unhappiness with the 1985 denial of U.S. asylum to Ukrainian seaman Miroslav
Medvid, who jumped a Soviet ship near New Orleans. Many of these
activities were initiated or abetted by especially active lobbying campaigns
not just by diaspora community organizations like the UCCA, the Ukrainian
National Association (UNA) and Ukrainian National Women’s League of America
(UNWLA) but also by numerous grass-roots groups of community activists who
would pepper their Congressmen and Senators with phone calls, letters,
face-to-face meetings, faxes. (This was before the rise of the Internet).
These groups included Americans for Human Rights in Ukraine (AHRU),
Philadelphia Human Rights for Ukraine Committee, Smoloskyp organization in
defense of human rights, and various ad-hoc human rights committees in cities
with Ukrainian populations across the USA. Also, key roles were played by
offices such as UCCA’s Ukrainian National Information Service (UNIS), the World
Congress of Free Ukrainians (WCFU) Human Rights bureau, and during the critical
years of 1988-1995 – the lead-up to and immediate aftermath of independence --
the Ukrainian National Association’s (UNA’s) Washington office which employed
professional staff, as well as Committees in Support of Rukh and Ukraine 2000
played vital roles. As an example, Ukraine 2000’s international affairs
director, Robert McConnell, testified or submitted testimony on Ukraine to more
than 40 Congressional hearings in less than a two-year period. An
essential role was also played by Ukrainian-American media, first and
foremost, The
Ukrainian Weekly which
consistently informed the community and encouraged advocacy efforts.
The bottom line is that the Ukrainian-American community was especially engaged
during those years. Without it there would not have been all the considerable
activity that took place in Congress, especially in the pre-independence era.
Keep in mind that prior to independence, many Americans were ignorant of
Ukraine, often confusing Ukrainians with Russians or conflating Russia and the
Soviet Union.
As mentioned earlier, before the restoration of its independence, with the
exception of Congress, Ukraine was largely a terra-incognita on the overall
political landscape in the U.S. The Executive Branch paid relatively
little attention to Ukraine as it was essentially a colony and the focus, not
surprisingly, was on the capital, Moscow, and not on the “periphery.”
Nevertheless, Ukraine was not completely ignored and there were certainly
people who were advocates for Ukraine within the Executive branch, including
several Ukrainian-Americans. This relative lack of attention changed
dramatically following independence and the establishment of formal relations
with an independent Ukrainian state. At that point, quite logically, the
Executive Branch/ State Department, with the US Embassy in Kyiv, took the lead
on Ukraine policy. Still, Congress has continued to be very active and
supportive, on a bipartisan basis – both Republicans and Democrats. It is
important to underscore that this bipartisanship on Ukraine existed before
independence.
Post-Independence (1991-2013)
Since independence, we have seen legislation, hearings and briefings, direct
meetings with Ukrainian legislators and officials, especially diplomats from
the Ukrainian
Embassy in Washington,
and visits to Ukraine by Members of Congress. The drivers of most of the
activity are the Helsinki Commission, Congressional Ukrainian Caucus, the
Senate Foreign Relations Committee and House Foreign Affairs committees.
This included hearings on the political situation in Ukraine, sometimes with
the participation of high-ranking Ukrainian officials; successful legislation
authorizing the establishment of the Holodomor Memorial near the U.S. Capitol;
Ukraine Permanent Normal Trade Relations (lifting restrictive Jackson-Vanik
trade provisions); resolutions calling for Ukraine’s joining the NATO
Membership Action Plan; and resolutions congratulating Ukraine for democratic
successes. There were many Congressional resolutions, statements and briefings
in support of free and fair elections in Ukraine, on the Holodomor, Chornobyl
and other issues. Congress also raised, when necessary, human rights or
democratic deficits. Congressional attention was especially manifested
immediately before, during and after the Orange Revolution, with Congress
strongly supporting the democratic aspirations of the Ukrainian people.
Thus, it readily called out human rights abuses and democratic deficits,
especially in the late Kuchma period and during the Yanukovych years. For
instance, Congress was very active in defending the politically-motivated
imprisonment of Yulia Tymoshenko and others. Regarding resolutions,
hearings or Congressional statements that sometimes criticize constructively
the actions of the Ukrainian authorities’ it is important to underscore that
often in Washington – both within and outside of Congress – Ukraine’s biggest
critics are often Ukraine’s strongest supporters – people who genuinely care
about the country and want it to succeed as a secure, thriving European
democracy.
There were also important pieces of legislation like the Nunn-Lugar Act, which
provided $1.3 billion to help safeguard and dismantle weapons of mass
destruction, and numerous broader appropriations bills which provided nearly $5
billion in bilateral assistance alone to Ukraine between 1991-2013. This
assistance included military/security as well as projects focusing on economic
growth, energy security, health, agriculture and democracy, human rights and
good governance. Clearly much of this was designed to assist Ukraine in
becoming a more secure, democratic, prosperous, safer, and healthier country.
Keep in mind that Congress has the power of the purse -- the U.S. Constitution
grants Congress exclusively the power to appropriate funds. Sometimes
Congress has appropriated additional funding for Ukraine beyond the
Administration’s formal request or supported the work of specific organizations
such as the U.S.-Ukraine Foundation. Indeed, for several years in the
mid-1990’s, Ukraine was the third largest recipient of bilateral U.S.
assistance in the world. This funding encompassed not only military and
security aid, but also assistance in the economic, energy, humanitarian,
health, democracy and good governance realms.
Post-Maidan: 2014-2020
Not surprisingly, Congress began to pay even more attention to Ukraine during
the Euromaidan Maidan Revolution of Dignity, with several high-profile visits
by Senators to the Maidan, and with the passage of resolutions both in the
House and Senate in early 2014. These resolutions supported the Ukrainian
people’s aspirations for freedom and democracy and called for consideration of
sanctions against those responsible for the use of force against peaceful
demonstrators.
Congress’ focus on Ukraine expanded further following Russia’s flagrant
violation of international norms with the illegal occupation of Crimea and
aggression in the Donbas. Congressional efforts have centered on three
main pillars – military/security assistance, both lethal and non-lethal;
sanctions against Russia and their Ukrainian colluders; and economic and
technical assistance for Ukraine. This activity was especially intensive
in 2014-2015.
How has Congressional activity manifested itself since Russia’s invasion?
Never have we seen more statements, press releases, letters to Administration
officials, hearings, briefings, and meetings with visiting Ukrainian officials
than since the beginning of 2014. Never have so many Members of Congress,
especially Senators, visited Ukraine, especially in 2014 and 2015 --during the
most acute phase of the war. Never have there been so many public
hearings on Ukraine, especially in the Senate Foreign Relations Committee,
which plays an especially key role in US policy towards Ukraine. Never have
there been as many media appearances by Senators and Representatives about
Ukraine, in this case regarding Russian aggression. Never has there been as
much interaction between Members of Congress (by which I mean both the Senate
and House of Representatives) and the Executive Branch on Ukraine and
Congressional pressure on the Administration for a more assertive US policy to
counter Russia’s aggression. And let us recall President
Poroshenko’s address to a joint-session of Congress in September 2014, a
relatively rare occurrence by a foreign leader and one which was extremely
favorably received by Congress. Also noteworthy is that this was the second
appearance by a Ukrainian president before Congress within a decade, the
earlier one being President Victor Yushchenko’s in April 2005. In this, Ukraine
joins a very small, select group of America’s friends and allies who have had
more than one leader speak, much less within a decade.
With the war, a greater number of Congressional institutions began paying more
serious attention to Ukraine. Before 2014, it had been the Helsinki
Commission and the Congressional Ukrainian Caucus that had historically
displayed the greatest level of activity with respect to Ukraine, albeit in
different ways, reflecting their different structures and mandates. The
House and Senate Appropriations Committee subcommittees that were responsible
for financial assistance to Ukraine also played an essential role. With
the Russian occupation of Crimea, the Senate Foreign Relations Committee in
particular and House Foreign Affairs Committee stepped up their level of
activity on Ukraine to an unprecedented degree, both reflecting and encouraging
Ukraine’s ascent as one of the top U.S. foreign policy priorities. Because of
Russia’s military aggression, other committees such as the Senate and House
Armed Services committees also greatly increased their engagement on Ukraine.
At the same time, the Helsinki Commission and the House Ukrainian Caucus
remained active. In February 2015, a Senate Ukraine Caucus chaired by
Senators Rob Portman (R-OH) and Dick Durbin (D-IL) was inaugurated. This
caucus has remained actively engaged with respect to Ukraine, especially on
military/security issues. An important point to keep in mind is that
members of the Helsinki Commission and the House and Senate Ukraine Caucuses
are often also key members of other committees that focus on Ukraine, which has
often helped enhance their work in those committees.
Congressional involvement has also manifested itself in the international
arena, for instance, at the NATO Parliamentary Assembly or the 56-country OSCE
Parliamentary Assembly (OSCEPA). To cite one example, at the OSCE
Parliamentary Assembly meeting held in Baku in 2014, a resolution was
introduced by Helsinki Commission Chairman Sen. Ben Cardin (D-MD) on Russia’s
violation of international commitments by annexing Crimea and directly
supporting armed conflict in Ukraine. It was adopted by a 3-1 margin,
despite fierce Russian opposition. The U.S. has strongly supported
subsequent resolutions by Canada and Ukraine following up on and expanding the
original 2014 resolution. It should also be noted that members of Congress and
especially Helsinki Commission staff have observed virtually every national
election in Ukraine since 1990, most often as member of the OSCE PA missions.
The most concrete manifestation of Congressional activity on Ukraine has
been legislation; most notably, the two Public Laws signed by the President in
2014 – both received strong bipartisan support, something that has not been the
norm in recent years given the highly charged partisan environment.
On April 3, 2014, soon after Russia’s invasion, President Obama signed into law
the Support for the Sovereignty, Integrity, Democracy, and Economic Stability
of Ukraine Act of 2014. This legislation authorized aid to help Ukraine
carry out reforms; authorized security assistance to Ukraine and other Central
and Eastern European countries; and required the President to impose visa bans
and asset seizures against persons in Ukraine and Russia responsible for
violence or undermining Ukraine’s territorial integrity. He also signed into
law a bill requiring Radio Free Europe-Radio Liberty and Voice of America to
increase broadcasting in eastern Ukraine and Crimea.
Nine months later, on December 18, 2014, President Obama signed the Ukraine
Freedom Support Act, permitting the President to impose sanctions on Russian
defense, energy and other firms and foreign persons. The Act also
authorized increased military, economic, energy and democracy assistance for
Ukraine as well as increased funding for U.S. Russian-language broadcasting to
the region.
It is an exceedingly rare occurrence in the U.S. Congress to have two major
pieces of legislation devoted to just one country within nine months.
One point of context for those not familiar with the workings of Congress:
the vast majority of legislation that is introduced never becomes law.
That which does often takes months and years to wind its way through the
legislative process. Legislation first must pass both chambers of
Congress, the House and the Senate, in order to be signed into law by the
President. The passage of these two bills – both of which were initiated in the
Senate -- was an impressive and relatively rare display of bipartisanship in
both the House and Senate. It was a strong manifestation of the support
of the American people, through their elected representatives, for Ukraine.
Furthermore, there been numerous resolutions (which express the sense of the
Congress on an issue) supporting Ukraine’s sovereignty and territorial
integrity. There are also examples of bills on Ukraine that have passed
one chamber of Congress but not the other. This is not because one
chamber is necessarily more pro-Ukrainian than the other, but rather it is the
function of the complexities of the legislative process. Passing
legislation in any democracy is not a straightforward process and becomes even
more challenging when there is a bicameral legislature, as there is in the U.S.
Congress. One example of this was the Stand for Ukraine Act of 2016, which
passed the House and not the Senate.
Having legislation enacted into law by it passing both Congressional chambers
and being signed by the President – i.e. becoming an Act, is very significant,
but it is not always enough. The Executive Branch has to execute the
laws. There have been times and reasons why Administrations have not
fully or enthusiastically enforced laws, including on occasion those enacted in
support of Ukraine. Nevertheless -- and critically, in Ukraine’s case --
Members of Congress have continued to press Administrations for actions, to
execute the laws fully.
While the vast majority of legislation introduced doesn’t become law, the mere
introduction of a bill or resolution often is of value. Indeed, every kind of
Congressional activity matters – hearings, briefings, statements in the
Congressional Record, press releases and press conferences, Congressional
appearances in the media or at public events, meetings, letters to the White
House/Administration. They have numbered in the many, many hundreds since
2014. All are vehicles in conveying Congressional interest and concern to
involved parties. They are also essential in underscoring Congress’
interest in Ukraine with the Executive Branch. Indeed, the interaction between
Congress and the Executive branch on Ukraine has helped to inform and encourage
the Administration to take more robust policies in support of Ukraine.
While this has been a pattern over the course of the last century, it has been
especially evident in the last six years – whether it be Congress pressing
President Obama on lethal weapons or President Trump on sanctions.
Language from bills or resolutions that are introduced often finds its way into
larger legislation, including as part of larger bills that authorize or
appropriate assistance. One example is the inclusion of specific language
on Ukraine in the massive National Defense Authorization Act (NDAA). For 2019,
it authorized the allocation to the Defense Department of $250 million dollars
for security assistance to Ukraine, including $50 million for lethal weapons.
This NDAA also includes major clauses from the Ukraine Cybersecurity
Cooperation Act, which passed the House earlier. There has often been language
on Ukraine in much more massive, comprehensive bills that fund the entire US
government budget. U.S. bilateral assistance to Ukraine alone of all
kinds, including military/security, economic, democracy building, health,
environment, has totaled an estimated $8 billion since 1991.
Perhaps the most significant non-funding bill on Ukraine in the last several
years has been CAATSA (Countering American Adversaries’ Through Sanctions Act).
This legislation was overwhelmingly adopted on a bipartisan basis and signed,
albeit reluctantly, by President Trump in August 2017. Much of CAATSA is
targeted at sanctioning Russia for its election interference and other attempts
to undermine American democracy. But it also includes a very strong
Ukraine component with many references to Ukraine. It codifies six
executive orders signed by Obama in response to Russia’s aggressive actions in
Ukraine, many of which had been called for but not mandated in Congress in
various previous legislation. These provisions targeted Russia’s financial
services, energy, defense and other sectors, thereby preventing any President
from revoking them without Congressional consent. Among other things, CAATSA
also authorizes energy security and other assistance to Ukraine and asserts a
policy of non-recognition of Russia’s annexation of Crimea. Much of the
language in CAATSA on Ukraine had been in other proposed legislation authored
by Sens. Ben Cardin and John McCain [R-AZ] but was folded into this more
comprehensive legislation.
Pieces of legislation acted upon in 2018 included resolutions in the House and
Senate condemning Russia’s attack on Ukrainian naval vessels, a Senate
resolution marking the 5th anniversary
of the Revolution of Dignity, and a House resolution calling for the
cancellation of Nord Stream 2. In 2019, legislation acted upon on Ukraine
included House passage by an overwhelming vote of 427-1 of the Crimea
Annexation Non-recognition Act. Many other bills and resolutions on Ukraine or
on further sanctions on Russia due at least in part to its violations of
Ukraine’s territorial integrity have been introduced and are making their way
through the legislative process.
Ukraine was at the center of Congressional attention in late 2019 and early
2020 because of the impeachment proceedings against President Trump for his
conduct in Ukraine. While during the House impeachment proceedings and the
Senate trial there were frequent references to corruption in Ukraine, there was
also considerable acknowledgement that Ukraine under its current leadership was
taking steps to combat it. What was also very evident in both the testimony
and remarks during was the fulsome, vocal, strong, bipartisan support for
Ukraine’s struggle against Russian aggression. Despite criticism of Ukraine
from several Republicans for its alleged interference in the 2016 elections,
nobody challenged the notion that the United States should continue to stand
with Ukraine in its fight against Russia. Supporting Ukraine in opposing
Russian aggression is taken as a given in the United States Congress
This bipartisan support was evident in the overwhelming passage of key
legislation affecting Ukraine in the waning weeks of 2019.
On December 19, 2019, President Trump signed bicameral appropriations
legislation approving nearly $700 million for security and foreign assistance
for Ukraine in FY2020, a slight increase over FY2019. The aid includes
military/security assistance to help Ukraine fight Russia’s aggression. It
also encompasses vital non-security assistance that supports Ukraine’s
democratic trajectory, rule of law, anti-corruption, economic development,
energy, health and agriculture. In addition to the myriad of diverse Executive
branch Ukraine programs funded by Congress, there is one specifically in the
Legislative branch -- the Open World international exchange program. More
than 4,000 Ukrainians have participated in this program in the last 15 years,
including hundreds of members of the Verkhovna Rada.
The end of 2019 also saw passage of the massive National Defense Authorization
Act (NDAA) for 2020, which imposes sanctions related to Russia's Nord Stream 2
pipeline and bars military-to-military cooperation with Russia. The
NDAA also includes the reauthorization of $300 million of funding for the
Ukraine Security Assistance Initiative.
Several pieces of legislation on Ukraine have been introduced during the
impeachment process. House and Senate members of the U.S. Helsinki Commission
introduced the Ukraine Religious Freedom Support Act opposing violations of
religious freedoms by Russia and its proxies in the occupied territories. A bipartisan
resolution was introduced in early 2020 by the Co-Chairs of the House Ukraine
Caucus “reaffirming U.S. support for the Ukrainian people and Ukraine’s
democratic trajectory, free from Russian malign influence.” Senators and
Representatives from both parties continued to express support for Ukraine,
including during a February 2020 visit to Ukraine by key members of the Senate
Foreign Relations Committee – Republicans Ron Johnson and John Barrasso and
Democrat Chris Murphy.
Informing Congress and Outside Advocacy
An important, though far from sole, factor encouraging Congressional interest
in Ukraine, has been advocacy by the Ukrainian-American community and other
numerous friends of Ukraine, particularly in Washington.
Congress is the branch of government closest to the people. In contrast with
the pre-independence era, when the Ukrainian-American community was almost
exclusively the outside driver of Congressional support, since independence,
there are many NGOs with involvement in Ukraine that encourage Congressional
support for Ukraine’s security, democracy and the rule of law. Indeed, a whole
network of authoritative, pro-Ukrainian American NGOs, think-tanks and former
government officials exists that is respected and listened to by Members of
Congress and their staffs. Among the most consistently active of these over the
years have been Washington-based NGOs such as the International Republican
Institute (IRI), the National Democratic Institute (NDI), and the National
Endowment for Democracy (NED). Many prominent Washington think-tanks have also
been involved with Ukraine over the decades – at times more intensively, at
times less so. The Atlantic Council has been especially dynamic since 2014.
Nevertheless, the role of the Ukrainian-American community remains crucial.
Advocacy work on behalf of Ukraine in Congress has also expanded since 2013.
This advocacy has ebbed and flowed. It previously peaked in the decade
leading up to the fall of the Soviet Union – with its focus on human rights,
political prisoners and calls for independence. It continued for a few
years following independence, with a focus on concrete assistance to the new
Ukrainian state. The heavy lifting of Ukrainian-American advocacy during
this time had been done by the highly politicized post-World Was II (3rd wave)
emigration and their children. Since 2014, however, the new and
previously largely politically inactive post-independence (4th wave)
emigration has come out of the woodwork and become considerably more engaged in
advocacy.
In recent years, there have been many more advocacy events, notably those
organized by the Ukrainian Congress Committee of America’s Washington office,
the Ukrainian National Information Service (UNIS). These “Ukrainian Days”
have been held several times per year, where American citizens meet with
Congressional offices in Washington. There have also been many efforts on
both the national, and state and local levels, by Ukrainian-American
organizations and individual activists to reach out to Senators and Congressmen
who represent them through social media, the more traditional email and phone
calls, and direct person-to-person contacts.
Following Russia’s invasion, the U.S.-Ukraine Foundation initiated a Friends of
Ukraine Network (FOUN) which includes a number of former U.S. ambassadors to
Ukraine as well as to other countries and international organizations and other
former officials from the State Department, U.S. Agency for International
Development, Defense Department and Congress. It also includes experts
from think-tanks and representatives of key NGOs involved with Ukraine.
FOUN came up with recommendations for sanctions shortly after the invasion of
the Donbas and advocated for their implementation with Congress and the White
House. In 2017, separate FOUN task forces came up with policy
recommendations for U.S. assistance to Ukraine in four areas: national
security, economy and energy, humanitarian issues, and democracy and civil
society. These task forces – especially the national security task force
– interacted with key Congressional offices to help ensure concrete support for
Ukraine. In March 2018, the FOUN issued “An appeal for decisive action in
Ukraine’s fight against corruption” to the Ukrainian government and Verkhovna
Rada. In 2019, the FOUN issued an updated set of policy recommendations
for U.S. Assistance for Ukraine in the following areas: National Security,
Economic Security, and Democracy and Civil Society.
Another feature of outside activity has been the engagement of organizations
and individuals also concerned with the implications of Russia’s flagrant
violations on Ukraine’s territorial integrity elsewhere, such as American
organizations representing Central and Eastern European groups, notably the
Baltic community. American Jewish organizations have also actively
encouraged stronger U.S-Ukraine relations.
In addition to US citizen advocacy, Ukrainian officials and Verkhovna Rada
members often also interact with Senators and House members – primarily in
Washington, Kyiv, or at multilateral fora. Ukraine’s Embassy to the
United States has also interacted often with Members of Congress throughout the
years of independence – not only on the level of Ambassador, but other Embassy
diplomats who frequently would meet and exchange information with Congressional
staff. Indeed, given how busy Members of Congress are, meetings,
exchanges of information, and advocacy efforts, in general, have often been
directed at Congressional staff. As anyone who has familiarity with how
Washington works knows, staff play a crucial role -- especially staff of key
committees – in preparing resolutions, hearings, statements, press releases and
memos. Many of these professional staffers have also had a history of interest
in and support for Ukraine.
Conclusion
Why so much Congressional interest in Ukraine over the last century? Yes, there
were constituent politics where Congressmen and Senators responded to
Ukrainian-American voters – something that U.S. legislators tend to take
seriously. But there have also been many Senators and House Members who
had hardly any Ukrainian-American voters, yet, for various reasons, believed in
the idea of an independent, free, democratic Ukraine in which human rights were
respected, especially in light of Ukraine’s tragic 20th century
history. There are more even now who are outraged by Russia’s occupation
of Crimea and the ongoing manufactured war in the Donbas that so grossly has
flouted the rules-based international order. The hyper-partisan
U.S. Congress has not agreed on much in recent years, but there has been a
broad consensus when it comes to Ukraine, even during and following the
politically highly-charged impeachment proceedings stemming from President
Trump’s conduct with Ukraine. With few exceptions, both Republicans and
Democrats in both the Senate and House have been supporters of an independent,
democratic Ukraine. And this follows the trend of broad bipartisanship on
Ukraine that has existed over the course of the last century. This
bipartisanship is nothing new. While one can argue that during the Soviet
era, Republicans tended to be more anti-communist/anti-Soviet, there was always
a strong current within the Democratic party that understood the Soviet threat
and supported Ukraine as well. And, of course, both parties these days
well-recognize the threat to Ukraine and to the international order posed by
Putin’s Russia.
The over-arching theme of Congressional activity can be boiled down to one
word: FREEDOM. National rights, human rights, human dignity, democracy,
sovereignty, territorial integrity – all of these issues which Congress has
addressed in one form or another over the course of the last century are
intimately linked. What lies at their core is the notion of freedom.
Whether it be Captive Nations with its emphasis on freedom for nations; freedom
for religious institutions such as the Ukrainian Catholic and Autocephalous
Orthodox Churches; calling for individual freedoms, including the myriad of
activity on behalf of Ukrainian political prisoners; legislation and
resolutions on the genocidal Holodomor -- focusing as they did on this most
cruel deprivation of freedom – death by starvation. This also applies to NATO
legislation – designed to enhance Ukraine’s security freedom; or Permanent
Normalized Trade Relations (PNTR) – aimed at strengthening economic freedoms;
or the numerous hearings, briefings, statements on the state of democracy,
human rights and rule of law – all these efforts are all about expanding the
scope of freedom, about enhancing the rights and freedoms of the Ukrainian
people. Whether it be the Captive Nations resolution and commemorations of
Ukraine’s 1918 independence in Congress prior to independence in 1991, or, most
significantly, the multitude of Congressional legislation and other efforts in
recent years to help Ukraine counter Russia’s aggression and preserve its
sovereignty and territorial integrity. In all of these Congressional
actions, freedom lies at the core. An independent, sovereign, democratic
Ukraine, after all, is a free Ukraine.
The U.S. Congress over the course of the last century has been in the forefront
of defending and promoting both freedom for Ukraine and freedom in Ukraine.
Congress can take great pride in its strong, bipartisan support of Ukraine.
But there is still much work ahead to assist Ukraine in continuing to fend off
Russian aggression and to support the prosperous, democratic European future
that Ukrainians have freely chosen.
--
Orest Deychakiwsky worked at the Commission on Security and Cooperation in Europe (the U.S. Helsinki Commission), a U.S. government agency composed mostly of U.S. Senators and House members, from 1981-2017. His many responsibilities throughout his more than 35 years of service included Ukraine. He served as a member of numerous official U.S. delegations to the Organization for Security and Cooperation in Europe and its predecessor, the Conference on Security and Cooperation in Europe (CSCE), and was an OSCE election observer in more than 30 elections in Ukraine and eight other countries. He currently serves as Vice-Chair of the Board of Directors of the U.S.-Ukraine Foundation and Co-chairman of the Friends of Ukraine Network (FOUN) Democracy and Civil Society Task Force, on the Advisory Board of the U.S.-Ukraine Business Council and writes a periodic column for The Ukrainian Weekly called “Washington in Focus”.