[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 730 Introduced in House (IH)]

112th CONGRESS
  2d Session
H. RES. 730

Urging the Government of Ukraine to ensure free and fair parliamentary 
  elections on October 28, 2012, by adhering to democratic standards, 
 establishing a transparent electoral process and releasing opposition 
          leaders sentenced on politically motivated grounds.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 13, 2012

 Mr. Smith of New Jersey submitted the following resolution; which was 
 referred to the Committee on Foreign Affairs, and in addition to the 
Committee on the Judiciary, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                               RESOLUTION


 
Urging the Government of Ukraine to ensure free and fair parliamentary 
  elections on October 28, 2012, by adhering to democratic standards, 
 establishing a transparent electoral process and releasing opposition 
          leaders sentenced on politically motivated grounds.

Whereas Ukraine's independence and future democratic evolution is of vital 
        importance to the Euro-Atlantic community;
Whereas, since the restoration of Ukraine's independence 21 years ago, the 
        United States and Ukraine have maintained a strong relationship, as 
        evidenced by the United States-Ukraine Charter on Strategic Partnership 
        and Ukraine has played a vital, active, and constructive role in 
        enhancing global security;
Whereas Ukraine stands at a critical juncture in its development to a more fully 
        democratic country, and the parliamentary elections on October 28, 2012, 
        will play a highly significant role in demonstrating the seriousness of 
        the Ukrainian authorities' commitment to democracy and respect for human 
        rights and the rule of law;
Whereas, since Viktor Yanukovych became President of Ukraine in February 2010, 
        Ukraine has seen serious setbacks to its democratic development, 
        including the concentration of power in the hands of the president and 
        his Party of Regions;
Whereas the Yanukovych administration has engaged in the abusive practice of 
        selective justice, targeting leading opposition political figures for 
        prosecution;
Whereas the most stark manifestation of Ukraine's democratic backsliding has 
        been the politically motivated prosecution and imprisonment of former 
        Prime Minister and opposition leader Yulia Tymoshenko, former Interior 
        Minister and opposition leader Yuri Lutsenko, and former acting Defense 
        Minister Valery Ivashchenko;
Whereas Ms. Tymoshenko and other imprisoned senior former government officials 
        have been denied access to proper medical care;
Whereas, since Ms. Tymoshenko's imprisonment, the Prosecutor General has 
        reopened additional highly questionable, politically motivated cases 
        against her, some of which were previously closed and reported to be 
        sealed under a 10-year statute of limitations;
Whereas the continued imprisonment and prohibition from participation in the 
        October parliamentary elections of Ms. Tymoshenko and Mr. Lutsenko makes 
        it impossible for the international community to assess these elections 
        as having fully met international democratic standards;
Whereas according to the Department of State's 2011 Country Report on Human 
        Rights Practices, serious and salient human rights problems in Ukraine 
        include the Government of Ukraine's measures to limit freedom of 
        peaceful assembly, increased government pressure on independent media 
        outlets and nongovernmental organizations (NGOs), and pervasive 
        corruption in all branches of government, all of which could have a 
        detrimental impact on the upcoming election process;
Whereas the Freedom in the World Indexes for 2011 and 2012 prepared by Freedom 
        House have downgraded Ukraine's rating from ``Free'' to a ``Partly 
        Free'' country under conditions created by the current government;
Whereas Ukraine's past 4 national elections, 2 presidential and 2 parliamentary, 
        received positive assessments from the Organization for Security and 
        Cooperation in Europe (OSCE)-led international observation missions;
Whereas the October 2010 nationwide local elections, in contrast, fell short of 
        democratic standards, according to credible domestic and international 
        observers;
Whereas the Government of Ukraine can restore some measure of credibility by 
        impartially administering the elections, allowing the campaign 
        environment in which candidates, campaign activists, and observers can 
        operate free from harassment and intimidation, ensuring the transparent 
        and equitable formation of territorial and precinct election 
        commissions, and respecting and adhering to the legal framework for the 
        election;
Whereas Ukraine will assume the leadership of the OSCE as the Chair-in-Office 
        for 2013 and can expect closer scrutiny of its OSCE commitments; and
Whereas the Government of Ukraine can demonstrate its commitment to democracy by 
        conducting a free, fair, and transparent parliamentary election process, 
        as the quality of this process will determine the course of the future 
        relations between the United States and Ukraine: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) demands that President Yanukovych and the Government of 
        Ukraine cease selective prosecutions, free Mrs. Tymoshenko and 
        the other senior officials of the previous government currently 
        in detention, and restore their full political and civil 
        rights;
            (2) urges the Government of Ukraine to ensure full respect 
        of the legal and human rights of all prisoners sentenced on 
        politically motivated grounds, including the right to medical 
        care, in line with international standards;
            (3) calls for denying United States visas to Ukrainian 
        officials involved in serious human rights abuses, anti-
        democratic actions, or corruption that undermines or injures 
        democratic institutions in Ukraine, including officials 
        responsible for and participating in the selective prosecution 
        and persecution of political opponents;
            (4) urges the Government of Ukraine to meet its commitments 
        on free and fair elections, as delineated in the 1990 
        Copenhagen Document of the Organization for Security and 
        Cooperation in Europe (OSCE), with respect to the entire 
        campaign process, including formation of election commissions, 
        nomination of candidates, campaign, voting, count, tabulation, 
        and processing of election challenges and complaints;
            (5) urges the Ukrainian authorities to ensure--
                    (A) the full transparency of election procedures 
                before, during, and after the 2012 parliamentary 
                elections;
                    (B) free access for domestic and international 
                election observers;
                    (C) balanced and fair 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; and
                    (E) the freedom of candidates, members of 
                opposition parties, and independent media organizations 
                from intimidation or harassment by government officials 
                at all levels;
            (6) urges that the courts of Ukraine address all election-
        related complaints objectively and in timely fashion;
            (7) encourages the Government of Ukraine to take immediate 
        measures to reverse the current anti-democratic course and 
        display exemplary conduct as the incoming 2013 OSCE Chair-in-
        Office by adhering to its OSCE commitments, especially in the 
        areas of human rights and fundamental freedoms, democracy, and 
        the rule of law;
            (8) expresses its continuing strong support for the efforts 
        of Ukrainian citizens to establish democracy based on the rule 
        of law and respect for human rights; and
            (9) reaffirms its ongoing support for Ukraine's 
        independence, sovereignty, and territorial integrity, and 
        assumption of Ukraine's rightful place as a full member of the 
        international community of democracies.
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