[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 16 Referred in Senate (RFS)]

  1st Session
H. CON. RES. 16


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 26, 2005

      Received and referred to the Committee on Foreign Relations

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
   Congratulating the people of Ukraine for conducting a democratic, 
  transparent, and fair runoff presidential election on December 26, 
2004, and congratulating Viktor Yushchenko on his election as President 
         of Ukraine and his commitment to democracy and reform.

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 have been prerequisites for that country's 
        full integration into the international community of democracies;
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);
Whereas the election of Ukraine's next president was seen as 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 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 efforts by national and local officials and others acting at the behest 
        of such officials to impose obstacles to free assembly, free speech, and 
        a free and fair political campaign took place throughout Ukraine during 
        the entire 2004 presidential election campaign without condemnation or 
        remedial action by the Government of Ukraine;
Whereas on October 31, 2004, Ukraine held the first round of its presidential 
        election and on November 21, 2004, Ukraine held a runoff presidential 
        election between the two leading candidates, Prime Minister Viktor 
        Yanukovich and opposition leader Viktor Yushchenko;
Whereas a consensus of Ukrainian and international election observers determined 
        that the runoff election did not meet a considerable number of 
        international standards for democratic elections, and these observers 
        specifically declared that state resources were abused in support of 
        Viktor Yanukovich, and that illegal voting by absentee ballot, multiple 
        voting, assaults on electoral observers and journalists, and the use of 
        counterfeit ballots were widespread;
Whereas following the runoff presidential election on November 21, 2004, tens of 
        thousands of Ukrainian citizens engaged in peaceful demonstrations in 
        Kiev and elsewhere to protest the unfair election and the declaration by 
        the Ukrainian Central Election Commission that Viktor Yanukovich had won 
        a majority of the votes;
Whereas the Ukrainian Supreme Court blocked the publication of the official 
        runoff election results thus preventing the inauguration of the next 
        president of Ukraine until the Supreme 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 
        presidential election on November 21, 2004, and that the results of this 
        election did not reflect the will of the Ukrainian people;
Whereas on December 1, 2004, the Parliament of Ukraine passed a no confidence 
        motion regarding the government of Prime Minister Viktor Yanukovich;
Whereas European mediators and current Ukrainian President Leonid Kuchma began 
        discussions on December 1, 2004, to attempt to work out a resolution to 
        the standoff between the supporters of both presidential candidates;
Whereas on December 3, 2004, the Ukrainian Supreme Court ruled that the runoff 
        presidential election on November 21, 2004, was invalid and ordered a 
        new presidential election to take place on December 26, 2004;
Whereas on December 8, 2004, the Parliament of Ukraine passed laws to reform the 
        Ukrainian electoral process, including to reconstitute the Ukrainian 
        Central Election Commission, and to close loopholes for fraud in 
        preparation for a new presidential election;
Whereas on December 26, 2004, the people of Ukraine again went to the polls to 
        elect the next president of Ukraine in what the consensus of domestic 
        and international observers declared as a more democratic, transparent, 
        and fair election process with fewer problems than the previous two 
        rounds;
Whereas on January 10, 2005, the election victory of opposition leader Viktor 
        Yushchenko was certified by the Ukrainian Central Election Commission; 
        and
Whereas the runoff presidential election on December 26, 2004, signifies a 
        turning point for Ukraine which offers new hope and opportunity to the 
        people of Ukraine: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring),  
That Congress--
            (1) commends the people and Government of Ukraine for their 
        commitment to democracy and their determination to end the 
        political crisis in that country in a peaceful and democratic 
        manner;
            (2) congratulates the people and Government of Ukraine for 
        ensuring a free and fair runoff presidential election which 
        represents the true choice of the Ukrainian people;
            (3) congratulates Viktor Yushchenko on his election as 
        President of Ukraine;
            (4) applauds the Ukrainian presidential candidates, the 
        European Union and other European representatives, and the 
        United States Government for the role they played in helping to 
        find a peaceful resolution of the crisis;
            (5) acknowledges and welcomes the strong relationship 
        formed between the United States and Ukraine and expresses its 
        strong and continuing support for the efforts of the Ukrainian 
        people and the new Government of Ukraine to establish a full 
        democracy, the rule of law, and respect for human rights; and
            (6) pledges its assistance to the strengthening of a fully 
        free and open democratic system in Ukraine, the creation of a 
        prosperous free market economy in Ukraine, the reaffirmation of 
        Ukraine's independence and territorial sovereignty, and 
        Ukraine's full integration into the international community of 
        democracies.

            Passed the House of Representatives January 25, 2005.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.