[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 415 Received in Senate (RDS)]

  2d Session
H. CON. RES. 415


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 5, 2004

                                Received

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
 Urging the Government of Ukraine to ensure a democratic, transparent, 
and fair election process for the presidential election on October 31, 
                                 2004.

Whereas the establishment of a democratic, transparent, and fair election 
        process for the 2004 presidential election in Ukraine and of a genuinely 
        democratic political system are prerequisites for that country's full 
        integration into the Western community of nations as an equal member, 
        including into organizations such as the North Atlantic Treaty 
        Organization (NATO);
Whereas the Government of Ukraine has accepted numerous specific commitments 
        governing the conduct of elections as a participating State of the 
        Organization for Security and Cooperation in Europe (OSCE), including 
        provisions of the Copenhagen Document;
Whereas the election on October 31, 2004, of Ukraine's next president will 
        provide an unambiguous test of the extent of the Ukrainian authorities' 
        commitment to implement these standards and build a democratic society 
        based on free elections and the rule of law;
Whereas this election takes place against the backdrop of previous elections 
        that did not fully meet international standards and of disturbing trends 
        in the current pre-election environment;
Whereas it is the duty of government and public authorities at all levels to act 
        in a manner consistent with all laws and regulations governing election 
        procedures and to ensure free and fair elections throughout the entire 
        country, including preventing activities aimed at undermining the free 
        exercise of political rights;
Whereas a genuinely free and fair election requires a period of political 
        campaigning conducted in an environment in which neither administrative 
        action nor violence, intimidation, or detention hinder the parties, 
        political associations, and the candidates from presenting their views 
        and qualifications to the citizenry, including organizing supporters, 
        conducting public meetings and events throughout the country, and 
        enjoying unimpeded access to television, radio, print, and Internet 
        media on a non-discriminatory basis;
Whereas a genuinely free and fair election requires that citizens be guaranteed 
        the right and effective opportunity to exercise their civil and 
        political rights, including the right to vote and the right to seek and 
        acquire information upon which to make an informed vote, free from 
        intimidation, undue influence, attempts at vote buying, threats of 
        political retribution, or other forms of coercion by national or local 
        authorities or others;
Whereas a genuinely free and fair election requires government and public 
        authorities to ensure that candidates and political parties enjoy equal 
        treatment before the law and that government resources are not employed 
        to the advantage of individual candidates or political parties;
Whereas a genuinely free and fair election requires the full transparency of 
        laws and regulations governing elections, multiparty representation on 
        election commissions, and unobstructed access by candidates, political 
        parties, and domestic and international observers to all election 
        procedures, including voting and vote-counting in all areas of the 
        country;
Whereas increasing control and manipulation of the media by national and local 
        officials and others acting at their behest raise grave concerns 
        regarding the commitment of the Ukrainian authorities to free and fair 
        elections;
Whereas efforts by the national authorities to limit access to international 
        broadcasting, including Radio Liberty and the Voice of America, 
        represent an unacceptable infringement on the right of the Ukrainian 
        people to independent information;
Whereas efforts by national and local officials and others acting at their 
        behest to impose obstacles to free assembly, free speech, and a free and 
        fair political campaign have taken place in Donetsk, Sumy, and elsewhere 
        in Ukraine without condemnation or remedial action by the Ukrainian 
        Government;
Whereas numerous substantial irregularities have taken place in recent Ukrainian 
        parliamentary by-elections in the Donetsk region and in mayoral 
        elections in Mukacheve, Romny, and Krasniy Luch; and
Whereas the intimidation and violence during the April 18, 2004, mayoral 
        election in Mukacheve, Ukraine, represent a deliberate attack on the 
        democratic process: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That the Congress--
            (1) acknowledges and welcomes the strong relationship 
        formed between the United States and Ukraine since the 
        restoration of Ukraine's independence in 1991;
            (2) recognizes that a precondition for the full integration 
        of Ukraine into the Western community of nations, including as 
        an equal member in institutions such as the North Atlantic 
        Treaty Organization (NATO), is its establishment of a genuinely 
        democratic political system;
            (3) expresses its strong and continuing support for the 
        efforts of the Ukrainian people to establish a full democracy, 
        the rule of law, and respect for human rights in Ukraine;
            (4) urges the Government of Ukraine to guarantee freedom of 
        association and assembly, including the right of candidates, 
        members of political parties, and others to freely assemble, to 
        organize and conduct public events, and to exercise these and 
        other rights free from intimidation or harassment by local or 
        national officials or others acting at their behest;
            (5) urges the Government of Ukraine to meet its 
        Organization for Security and Cooperation in Europe (OSCE) 
        commitments on democratic elections and to address issues 
        previously identified by the Office of Democratic Institutions 
        and Human Rights (ODIHR) of the OSCE in its final reports on 
        the 2002 parliamentary elections and the 1999 presidential 
        elections, such as illegal interference by public authorities 
        in the campaign and a high degree of bias in the media;
            (6) urges the Ukrainian authorities to ensure--
                    (A) the full transparency of election procedures 
                before, during, and after the 2004 presidential 
                elections;
                    (B) free access for Ukrainian and international 
                election observers;
                    (C) multiparty representation on all election 
                commissions;
                    (D) unimpeded access by all parties and candidates 
                to print, radio, television, and Internet media on a 
                non-discriminatory basis;
                    (E) freedom of candidates, members of opposition 
                parties, and independent media organizations from 
                intimidation or harassment by government officials at 
                all levels via selective tax audits and other 
                regulatory procedures, and in the case of media, 
                license revocations and libel suits, among other 
                measures;
                    (F) a transparent process for complaint and appeals 
                through electoral commissions and within the court 
                system that provides timely and effective remedies; and
                    (G) vigorous prosecution of any individual or 
                organization responsible for violations of election 
                laws or regulations, including the application of 
                appropriate administrative or criminal penalties;
            (7) further calls upon the Government of Ukraine to 
        guarantee election monitors from the ODIHR, other participating 
        States of the OSCE, Ukrainian political parties, candidates' 
        representatives, nongovernmental organizations, and other 
        private institutions and organizations, both foreign and 
        domestic, unobstructed access to all aspects of the election 
        process, including unimpeded access to public campaign events, 
        candidates, news media, voting, and post-election tabulation of 
        results and processing of election challenges and complaints;
            (8) strongly encourages the President to fully employ the 
        diplomatic and other resources of the Government of the United 
        States to ensure that the election laws and procedures of 
        Ukraine are faithfully adhered to by all local and national 
        officials, by others acting at their behest, and by all 
        candidates and parties, during and subsequent to the 
        presidential campaign and election-day voting;
            (9) strongly encourages the President to clearly 
        communicate to the Government of Ukraine, to all parties and 
        candidates, and to the people of Ukraine the high importance 
        attached by the Government of the United States to this 
        presidential campaign as a central factor in determining the 
        future relationship between the two countries; and
            (10) pledges its enduring support and assistance to the 
        Ukrainian people's establishment of a fully free and open 
        democratic system, their creation of a prosperous free market 
        economy, their establishment of a secure independence and 
        freedom from coercion, and their country's assumption of its 
        rightful place as a full and equal member of the Western 
        community of democracies.

            Passed the House of Representatives October 4, 2004.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.