20
December 2011

Russia, human rights, and the WTO

The American

Recently, my colleague Daniel Hanson outlined the mounting problems of the WTO system. He uses Russia’s 18-year accession negotiations as a case in point. I can’t speak to the WTO’s broader defects but I can echo his frustration with Russia’s prolonged exclusion from an organization that supervises global trade liberalization. Russia was finally inducted into the WTO on Friday.

Over the last 18 years, Russia’s WTO membership bid has faced two hurdles from U.S. opponents: trade issues (high tariffs, subsidies, intellectual property rights, etc.) and human rights. The former was largely settled by 2006 when the Bush administration signed a bilateral agreement on Russia’s entry into the WTO. But the issue of human rights continues to pose an impediment to U.S.-Russia trade relations. Even though Russia is now formally a member of the WTO, the United States will have to exempt Russia from WTO rules and regulations (and Moscow will respond in kind) if it doesn’t grant Russia permanent normal trade relations status. This requires repealing antiquated Cold War-era congressional legislation—known as the Jackson-Vanik amendment—that makes trade contingent on emigration rights for Soviet Jews. In short, unlike their counterparts throughout the WTO, U.S. businesses won’t benefit from Russia’s long overdue accession to the organization unless Congress takes swift action to graduate Russia from Jackson-Vanik.

But some argue that Jackson-Vanik should be used to highlight Russia’s poor human rights record, which in itself should preclude Russia from reaping the benefits of WTO membership. There are a few problems with this approach. First, misapplying legislation on Jewish emigration adopted 37 years ago against a country that no longer exists dilutes very justifiable concerns about human rights in Russia. Second, neither Russia’s exclusion from the WTO nor Congress’s refusal to excuse it from Jackson-Vanik have persuaded the Kremlin to improve Russia’s human rights record. If anyone has evidence that suggests otherwise I’d love to see it. Finally, as Daniel notes, countries with human rights records far worse than that of Russia have been admitted to the WTO in recent years—China being the most obvious example.

Trade liberalization and human rights promotion aren’t mutually exclusive. They’re objectives that can and should be pursued simultaneously. To achieve this with respect to Russia, Congress should replace Jackson-Vanik with the Sergei Magnitsky Rule of Law and Accountability Act (opposed by the Obama administration), which would punish Russian officials suspected of being involved in the torture and murky prison death of lawyer Sergei Magnitsky. This would send a much clearer signal about the U.S. commitment to human rights in Russia. However, it wouldn’t do so at the expense of preventing discrimination against U.S. businesses and subjecting Russia to the rules, regulations, and norms of the WTO. займ на карту онлайн payday loan https://zp-pdl.com/get-quick-online-payday-loan-now.php zp-pdl.com микрозаймы онлайн

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19
December 2011

British Parliament Questions

Hansard

14 Dec 2011 : Column 772W

Sergei Magnitsky

Mr Raab: To ask the Secretary of State for Foreign and Commonwealth Affairs whether he has given any consideration to bringing forward proposals similar to the Sergei Magnitsky Rule of Law Accountability Act proposed in the US Congress. [86072]

Mr Lidington: We are aware of the Sergei Magnitsky Rule of Law Accountability Act, introduced to the U.S Congress in 2011, which if passed, would see sanctions imposed on Russian officials allegedly responsible for the detention, abuse, or death of Sergei Magnitsky.

The Immigration Rules enable us to refuse a visa where, for example, information on an individual’s character, conduct or associations makes entry to the UK undesirable. However, the UK has a long established practice of not commenting routinely on individual visa cases.

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19
December 2011

Who’s king of the castle?

Financial Times

At first, playing chess against Garry Kasparov is much like playing chess against anyone else. Take the pieces. They look the same as when you are playing against other people. They move the same way. For some reason this is surprising to me, and so is the fact that we are five moves in and he has not checkmated me yet. He must be off his game, or, just maybe, dare I hope, I am a lot smarter than I thought I was?

But there he is, across the table, actually thinking about his next move. I have a rush of satisfaction. Brain the size of a planet, the greatest chess player who ever lived, and I have made him think.

This moment has been a long time coming. When I had originally explained to Kasparov’s assistant that I wanted to play chess against the great man himself, she had made it clear that this was asking quite a lot, but she would see what she could do.

Then, when I arrive at his flat, I have to re-explain my errand to his mother, who seems to run the PR show for Garry Kasparov Inc. “What rank are you?” she finally asks.

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19
December 2011

The “Magnitsky list” is prepared for a reset

Russia Today

It is being proposed to extend sanctions to all human rights violators.

The US Congress has come close to the adoption of a bill imposing visa and economic sanctions against individuals responsible for human rights violations. The reason for the expedited review of this document is what the US is calling the “unfree and unfair” State Duma election. Experts warn that if the law is adopted, this will be a much greater blow to the “reset” between Moscow and Washington than disagreements on any other issues.

The Subcommittee on European Affairs of the US Foreign Relations Committee has held hearings on the state of human rights in Russia. The reason for the hearings was the State Duma election, which the secretary of state, Hillary Clinton, characterized as “unfree and unfair.” The main topic at the hearings was the Sergei Magnitsky Rule of Law Accountability Act of 2011, introduced in Congress in May by Ben Cardin (D-MD) and John McCain (R–AZ). It imposes visa sanctions and seizure of financial assets of individuals responsible for human rights violations in the RF.

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15
December 2011

Russian President: EU Parliament ‘means nothing’

EU Observer

President Dmitry Medvedev at his last-ever EU summit told MEPs to stay out of Russian affairs and dropped hints on a $10 billion donation for euro bail-outs.

One day earlier, the European Parliament by a thumping majority called for Russia to hold new parliamentary elections and for the EU to impose a visa ban on officials guilty of killing anti-tax-fraud lawyer Sergei Magnitsky.

“I will not comment on their decisions. They mean nothing to me … The European Parliament should deal with internal issues because the EU has a lot of problems of its own,” Medvedev told press in Brussels on Thursday (15 December).

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15
December 2011

‘Magnitsky List’ Backed in Europe

The Moscow Times

The European Parliament has passed a resolution recommending an EU-wide travel ban and asset freeze for officials tied to the death of Hermitage Capital lawyer Sergei Magnitsky.

The resolution, passed Wednesday, demanded that Russia’s Investigative Committee pursue immediate charges against those involved in Magnitsky’s 2009 death and that “further inaction” would result in calls to the European Union’s executive committee to create a blacklist.

The parliament said there was ample “evidence that Sergei Magnitsky’s arrest was unlawful and that his detention was marked by beatings and torture aimed at extracting a confession of guilt.”

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15
December 2011

Senator Cardin: State of Human Rights and Rule of Law in Russia

US Senate Foreign Relations Committee

State of Human Rights and Rule of Law in Russia

Senator Cardin takes part in a hearing on human rights and the rule of law in Russia. He questions the U.S. Assistant Secretary of State for the Bureau of European and Eurasian Affairs, Dr. Phil Gordon.

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15
December 2011

Mr Magnitsky’s case investigation: Written question to the Committee of Ministers

Council of Europe

Doc. 12809
13 December 2011
Mr Magnitsky’s case investigation
Written question No 609 to the Committee of Ministers

by Mr Pieter OMTZIGT, Netherlands, Group of the European People’s Party

On 26 October 2011 the Committee of Ministers answered to questions on the Magnitsky case that: “The Committee of Ministers has been informed that a criminal investigation has been launched in the Russian Federation with a view to identifying those persons responsible for the death of Sergey Magnitsky” and that “The Committee of Ministers expects the investigation to be carried out in a rapid, effective and transparent manner, with a view to clarifying the circumstances surrounding the death of Sergey Magnitsky and ensuring that those responsible are identified and brought to justice.”

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15
December 2011

U.S. Officials Push Jackson-Vanik Repeal, Tiptoe Around Magnitsky Legislation

Radio Free Europe

U.S. State Department officials have urged Congress to repeal the Cold War-era Jackson-Vanik Amendment, trade legislation that has long been used to pressure Russia on human rights issues, arguing that the law is hurting the U.S. economy and that Washington can make its views known in other ways.

In doing so, the officials tiptoed around a proposal that has gained favor in the Senate to punish Russian officials directly for rights abuses and as such, serve as a trade for Congressional repeal of Jackson-Vanik.

The bill, however, which would target officials connected to the death of Russian anticorruption lawyer Sergei Magnitsky, has been met with hesitation by the administration, as it threatens to damage relations between Washington and Moscow if it becomes law.

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