[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 487 Agreed to Senate (ATS)]







108th CONGRESS
  2d Session
S. RES. 487

  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, Mr. Lugar, Ms. Stabenow, Mr. McCain, 
    and Mr. Corzine) submitted the following resolution; which was 
                        considered and agreed to

_______________________________________________________________________

                               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, and 
        the use of counterfeit ballots;
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;
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; and
            (2) 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.
                                 <all>