March 8, 2011
On Wednesday March 9th and Thursday March 10th US Vice-President Joseph Biden will travel to Russia and meet with business leaders, President Medvedev and Prime Minister Putin and civil society groups - including opposition leaders. Talks are expected to focus around Russia’s ascension to the WTO, repeal of the Jackson-Vanick amendment and expanding foreign investment in Russia.
Russia’s ascension to the WTO is clouded by the Kremlin’s disregard for the rule of law and a business environment where politics trumps economics. Heritage Foundation’s Index of Economic Freedom lists Russia’s weak protection of property rights as one component of its ranking at the lowest quintile. A bellwether of Russia’s descent in the rankings is the continued political persecution of businessman and philanthropist Mikhail Khodorkovsky.
Khodorkovsky’s son speaks out
Pavel Khodorkovsky today urged Vice-President Biden to put pressure on the Kremlin saying "I would hope Vice-President Biden puts rule of law issues in Russia at the top of the 2011 "reset" agenda. Journalists have been killed with no investigations, much less final justice. Opposition leaders have been arrested and harassed with impunity. And political prisoners - including my father - are denied their basic human rights. I hope Vice-President Biden will meet with relatives of the victims of the Medvedev-Putin administration and NOT support WTO membership for Russia until these rule of law issues are addressed."
Disregard for the rule of law is incompatible with WTO membership
The Vice-President has, up until now, been forthright in his condemnation of the persecution of Khodorkovsky and he should factor in the Khodorkovsky trial when determining whether the United States should support Russia’s WTO ascension. Biden not only co-sponsored Senate Resolution 322 that stated "the trial, sentencing, and imprisonment of Mikhail Khodorkovsky and Platon Lebedev have raised troubling questions about the impartiality and integrity of the judicial system in Russia." He also made the following observation about Russia in a 2009 visit to the region: “They have a shrinking population base, they have a withering economy, they have a banking sector and structure that is not likely to be able to withstand the next 15 years, they're in a situation where the world is changing before them and they're clinging to something in the past that is not sustainable."
He should be clear that these concerns remain and are compounded by the verdict in the second Khodorkovsky trial. All these reasons present a barrier to further co-operation for Russia’s WTO ascension.
Senator McCain recently stated that he believes that the Khodorkovsky persecution highlights the breakdown in the rule of law in Russia and showed that Russia have not adhered to the standards to make them eligible for WTO membership. He was joined by the European Parliament who recently adopted a resolution questioning whether the disregard for the rule of law shown in the Khodorkovsky case was “compatible with the requirements placed on Russia in connection with its ambition to become a full member of the WTO”. Vice-President Biden should go further and insist that if Russia wants US support for engagement in the international community including; WTO membership and a repeal of Jackson-Vanick, then they must play by international rules which include, respect for the rule of law, a commitment to human rights and an end to political persecution.
Questions The Vice-President must put to President Medvedev:
· What steps is President Medvedev taking to halt the recent impression of a Russian slide toward authoritarianism and to fulfil his pledge to end legal nilhism?
· The Jackson-Vanick amendment was originally introduced because the US does not do business with countries that do not support human rights. What concrete things has Russia done to affirm its commitment to human rights, that should make Congress consider repealing the amendment?
· Given the blatantly political persecution of Khodorkovsky, how can Russia convince the US that it meets the WTO requirement of adherence to the rule of law?
· Following the attacks on Hermitage Capital and the death of Sergei Magnitsky, what is Russia doing to ensure that its investment climate is compatible with WTO membership?
· What assurances can he give to US businesses looking to invest in Russia that they will not meet the same fate as Khodorkovsky?
· In line with Senate Resolution 322 how is Russia seeking to “dispel widespread concerns that the criminal cases against Khodorkovsky, Lebedev, and their associates are politically motivated”?
