[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 485 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. RES. 485
Expressing the sense of the Senate regarding the November 21, 2004,
Presidential runoff election in Ukraine.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 8, 2004
Mr. Smith (for himself, Mr. Biden, Ms. Stabenow, and Mr. Corzine)
submitted the following resolution; which was referred to the Committee
on Foreign Relations
_______________________________________________________________________
RESOLUTION
Expressing the sense of the Senate regarding the November 21, 2004,
Presidential runoff election in Ukraine.
Whereas on November 21, 2004, Ukraine held a presidential runoff election
between former Prime Minister and opposition candidate Victor Yushchenko
and current Prime Minister Victor Yanukovych;
Whereas the Ukrainian Central Election Commission reported that Mr. Yanukovych
won 49.42 percent of the vote and Mr. Yushchenko won 46.7 percent of the
vote in the runoff election, despite the fact that several exit polls
indicated that Mr. Yushchenko secured significantly more votes than Mr.
Yanukovych;
Whereas the International Election Observation Mission from the Organization for
Security and Cooperation in Europe (OSCE) determined that the runoff
election did not meet international standards for democratic elections,
and specifically declared that state resources were abused to support
the candidacy of Prime Minister Yanukovych;
Whereas the Committee of Voters of Ukraine, a nongovernmental electoral
organization in Ukraine, reported on illegal voting by absentee ballot,
multiple voting, assaults on electoral observers and journalists, the
use of counterfeit ballots, and even kidnaping;
Whereas such reports of fraud were also echoed by Senator Richard Lugar of
Indiana, Chairman of the Committee on Foreign Relations of the Senate,
an observer to the runoff election designated by President George W.
Bush;
Whereas since November 22, 2004, tens of thousands of people have engaged in
peaceful demonstrations in Kiev, Ukraine, to protest the declaration by
the Central Election Commission of Mr. Yanukovych as the winner of the
runoff election;
Whereas antigovernment protests in support of opposition candidate Mr.
Yushchenko took place in cities throughout Ukraine, and several city
councils adopted resolutions that declared Mr. Yushchenko as the legally
elected president;
Whereas on November 23, 2004, opposition candidate Mr. Yushchenko declared
victory in the runoff election and took a symbolic oath of office;
Whereas the United States has called for a complete and immediate investigation
into the conduct of the runoff election to examine fully the reports of
fraud and corruption;
Whereas the European Union has also stated that authorities in Ukraine must
redress election irregularities and that the reported results do not
reflect the will of the people of Ukraine;
Whereas the Ukrainian Supreme Court blocked the publication of the official
runoff election results stating that Mr. Yanukovych was the winner, thus
preventing his inauguration as President of Ukraine until the court
examined the reports of voter fraud;
Whereas on November 27, 2004, the Parliament of Ukraine passed a resolution
declaring that there were violations of law during the runoff election
but on November 30, 2004, with support from progovernment and communist
parties, canceled the resolution;
Whereas 15 eastern and southern regions in Ukraine that supported the candidacy
of Mr. Yanukovych threatened to split off from the country if an
illegitimate president were to come to power;
Whereas on December 1, 2004, the Parliament of Ukraine passed a no confidence
motion in the cabinet of Prime Minister Yanukovych as approximately
100,000 supporters of Mr. Yushchenko demonstrated in front of the
parliament building;
Whereas Mr. Yanukovych and Mr. Yushchenko, along with European mediators and
current Ukraine President Leonid Kuchma, began discussions on December
1, 2004, to attempt to work out a resolution to the standoff;
Whereas on December 3, 2004, the Ukrainian Supreme Court ruled that the November
21, 2004, runoff election was invalid and ordered a new vote on December
26, 2004;
Whereas on December 8, 2004, the Parliament of Ukraine passed electoral changes
to reform the Central Election Commission and close loopholes for fraud,
as well as constitutional changes to reduce the power of the President
of Ukraine; and
Whereas the manner in which this crisis is resolved will have significant
implications for the perceptions of the democratic institutions of
Ukraine by the international community: Now, therefore, be it
Resolved, That the Senate--
(1) condemns the widespread fraud in the November 21, 2004,
runoff presidential election in Ukraine;
(2) objects to the separatist initiatives in Ukraine that
are being used by one side to influence the outcome of the
election dispute; and
(3) supports a peaceful political and legal settlement in
Ukraine that is based on the principles of democracy and
reflects the will of the people of Ukraine.
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