[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 473 Agreed to Senate (ATS)]







108th CONGRESS
  2d Session
S. RES. 473

 Urging the Government of Ukraine to ensure a democratic, transparent, 
  and fair election process for the Presidential run-off election on 
                           November 21, 2004.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 18, 2004

   Mr. McCain (for himself, Mr. Lugar, Mr. Smith, Mr. Lieberman, Mr. 
   Graham of South Carolina, Mr. Hagel, and Mr. Biden) submitted the 
        following resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION


 
 Urging the Government of Ukraine to ensure a democratic, transparent, 
  and fair election process for the Presidential run-off election on 
                           November 21, 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 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 the second round of the Presidential election takes place against the 
        backdrop of past elections and improprieties in the first round of the 
        election, which did not fully meet international standards;
Whereas it is the duty of government and public authorities of Ukraine 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 administrative action, 
        violence, intimidation, or detention do not 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 in Ukraine 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 of Ukraine 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 
        Government of Ukraine;
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;
Whereas intimidation, violence, and fraud during the April 18, 2004, mayoral 
        election in Mukacheve, Ukraine, represent a deliberate attack on the 
        democratic process;
Whereas in the period leading to the first round of the Presidential election, 
        the government power structures used state resources such as schools, 
        state factories, hospitals, and public transport systems to force 
        students, state workers, and citizens who rely on state services for 
        their livelihood to campaign against their will for the government-
        backed candidate;
Whereas there was notable partisan engagement of security services, military, 
        and local police in support of the government-backed candidate;
Whereas there was a failure of national and local state-owned and private 
        electronic media to provide impartial and fair coverage of, or access 
        to, opposition candidates;
Whereas some election commission members affiliated with opposition candidates 
        were dismissed from their duties just prior to election day;
Whereas there was collaboration with a foreign government to allow a foreign 
        President to appear in Ukraine and express his opinions on one of the 
        candidates just days before election day, in an effort to influence the 
        vote, and a military parade, which was held in Kyiv 3 days prior to the 
        election, was clearly an effort to intimidate voters; and
Whereas in the first round of the Presidential election in Ukraine that occurred 
        on October 31, 2004, international observers noted fraud and other 
        significant problems, including poorly maintained voter lists, which 
        resulted in people being denied their right to vote, as well as many 
        additional names on voter rolls for which no accounting could be made, 
        prevalent interference by unauthorized persons into the electoral 
        process, and credible reports of busing of voters among oblasts and 
        polling stations for the purpose of multiple voting: Now, therefore, be 
        it
    Resolved, That the Senate--
            (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 second round of the 2004 
                Presidential election;
                    (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, including selective tax audits and other 
                regulatory procedures, and in the case of media, 
                license revocations, and libel suits;
                    (F) a transparent process for complaint and appeals 
                through electoral commissions and within the court 
                system that provides timely and effective remedies;
                    (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;
                    (H) remedies to all improprieties reported in the 
                first round of the Presidential election in Ukraine, 
                including--
                            (i) the replacement at a polling station of 
                        any Territorial Election Commission member 
                        found to have engaged in fraud;
                            (ii) a complete review of voter lists in 
                        each polling station in order to correct 
                        inaccuracies;
                            (iii) equal time on state media and equal 
                        access to private media for the two runoff 
                        candidates; and
                            (iv) immediate prosecution of individuals 
                        who have violated the election law;
            (7) further calls upon the Government of Ukraine to 
        guarantee election monitors from the ODIHR, other participating 
        states of the OSCE, Ukrainian political parties, 
        representatives of candidates, 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) urges the President to fully employ the diplomatic and 
        other resources of the Government of the United States to 
        encourage the Government of Ukraine 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 in Ukraine, 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;
            (10) strongly encourages the President to consider visa 
        bans and other targeted sanctions on those responsible for 
        encouraging or participating in any efforts to improperly 
        influence the outcome of the election, whether through direct 
        or indirect involvement; and
            (11) pledges its enduring support and assistance to the 
        people of Ukraine for the establishment of a fully free and 
        open democratic system, the creation of a prosperous free 
        market economy, the establishment of a secure independence and 
        freedom from coercion, and Ukraine's assumption of its rightful 
        place as a full and equal member of the Western community of 
        democracies.
                                 <all>