[Congressional Record Volume 148, Number 9 (Thursday, February 7, 2002)]
[Senate]
[Pages S497-S498]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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  SENATE RESOLUTION 205--URGING THE GOVERNMENT OF UKRAINE TO ENSURE A 
 DEMOCRATIC, TRANSPARENT, AND FAIR ELECTION PROCESS LEADING UP TO THE 
                MARCH 31, 2002, PARLIAMENTARY ELECTIONS

  Mr. CAMPBELL (for himself, Mr. Dodd, and Mr. Brownback) submitted the 
following resolution; which was referred to the Committee on Foreign 
Relations:

                              S. Res. 205

       Whereas Ukraine stands at a critical point in its 
     development to a fully democratic society, and the 
     parliamentary elections on March 31, 2002, its third 
     parliamentary elections since becoming independent more than 
     10 years ago, will play a significant role in demonstrating 
     whether Ukraine continues to proceed on the path to democracy 
     or experiences further setbacks in its democratic 
     development;
       Whereas the Government of Ukraine can demonstrate its 
     commitment to democracy by conducting a genuinely free and 
     fair parliamentary election process, in which all candidates 
     have access to news outlets in the print, radio, television, 
     and Internet media, and nationally televised debates are 
     held, thus enabling the various political parties and 
     election blocs to compete on a level playing field and the 
     voters to acquire objective information about the candidates;
       Whereas a flawed election process, which contravenes 
     commitments of the Organization for Security and Cooperation 
     in Europe (OSCE) on democracy and the conduct of elections, 
     could potentially slow Ukraine's efforts to integrate into 
     western institutions;
       Whereas in recent years, government corruption and 
     harassment of the media have raised concerns about the 
     commitment of the Government of Ukraine to democracy, human 
     rights, and the rule of law, while calling into question the 
     ability of that government to conduct free and fair 
     elections;
       Whereas Ukraine, since its independence in 1991, has been 
     one of the largest recipients of United States foreign 
     assistance;
       Whereas $154,000,000 in technical assistance to Ukraine was 
     provided under Public Law 107-115 (the Kenneth M. Ludden 
     Foreign Operations, Export Financing, and Related Programs 
     Appropriations Act, Fiscal Year 2002), a $16,000,000 
     reduction in funding from the previous fiscal year due to 
     concerns about continuing setbacks to needed reform and the 
     unresolved deaths of prominent dissidents and journalists;
       Whereas Public Law 107-115 requires a report by the 
     Department of State on the progress by the Government of 
     Ukraine in investigating and bringing to justice individuals 
     responsible for the murders of Ukrainian journalists;
       Whereas the disappearance and murder of journalist Heorhiy 
     Gongadze on September 16, 2000, remains unresolved;
       Whereas the presidential election of 1999, according to the 
     final report of the Office of Democratic Institutions and 
     Human Rights (ODIHR) of OSCE on that election, was marred by 
     violations of Ukrainian election law and failed to meet a 
     significant number of commitments on democracy and the 
     conduct of elections included in the OSCE 1990 Copenhagen 
     Document;
       Whereas during the 1999 presidential election campaign, a 
     heavy proincumbent bias was prevalent among the state-owned 
     media outlets, members of the media viewed as not in support 
     of the president were subject to harassment by government 
     authorities, and proincumbent campaigning by state 
     administration and public officials was widespread and 
     systematic;
       Whereas the Law on Elections of People's Deputies of 
     Ukraine, signed by President Leonid Kuchma on October 30, 
     2001, was cited in a report of the ODIHR dated November 26, 
     2001, as making improvements in Ukraine's electoral code and 
     providing safeguards to meet Ukraine's commitments on 
     democratic elections, although the Law on Elections remains 
     flawed in a number of important respects, notably by not 
     including a role for domestic nongovernmental organizations 
     to monitor elections;
       Whereas according to international media experts, the Law 
     on Elections defines the conduct of an election campaign in 
     an ambiguous manner and could lead to arbitrary sanctions 
     against media operating in Ukraine;
       Whereas the Ukrainian Parliament (Verkhovna Rada) on 
     December 13, 2001, rejected a draft Law on Political 
     Advertising and Agitation, which would have limited free 
     speech in the campaign period by giving too many 
     discretionary powers to government bodies, and posed a 
     serious threat to the independent media;
       Whereas the Department of State has dedicated $4,700,000 in 
     support of monitoring and assistance programs for the 2002 
     parliamentary elections;
       Whereas the process for the 2002 parliamentary elections 
     has reportedly been affected by apparent violations during 
     the period prior to the official start of the election 
     campaign on January 1, 2002; and
       Whereas monthly reports for November and December of 2001 
     released by the Committee on Voters of Ukraine (CVU), an 
     indigenous, nonpartisan, nongovernment organization that was 
     established in 1994 to monitor the conduct of national 
     election campaigns and balloting in Ukraine, cited five major 
     types of violations of political rights and freedoms during 
     the precampaign phase of the parliamentary elections, 
     including--
       (1) use of government position to support particular 
     political groups;
       (2) government pressure on the opposition and on the 
     independent media;
       (3) free goods and services given in order to sway voters;
       (4) coercion to join political parties and pressure to 
     contribute to election campaigns; and
       (5) distribution of anonymous and compromising information 
     about political opponents:
        Now, therefore, be it

       Resolved, That the Senate--
       (1) acknowledges the strong relationship between the United 
     States and Ukraine since Ukraine's independence more than 10 
     years ago, while understanding that Ukraine can only become a 
     full partner in western institutions when it fully embraces 
     democratic principles;
       (2) expresses its support for the efforts of the Ukrainian 
     people to promote democracy, the rule of law, and respect for 
     human rights in Ukraine;
       (3) urges the Government of Ukraine to enforce impartially 
     the new election law, including provisions calling for--
       (A) the transparency of election procedures;
       (B) access for international election observers;
       (C) multiparty representation on election commissions;
       (D) equal access to the media for all election 
     participants;

[[Page S498]]

       (E) an appeals process for electoral commissions and within 
     the court system; and
       (F) administrative penalties for election violations;
       (4) urges the Government of Ukraine to meet its commitments 
     on democratic elections, as delineated in the 1990 Copenhagen 
     Document of the Organization for Security and Cooperation in 
     Europe (OSCE), with respect to the campaign period and 
     election day, and to address issues identified by the Office 
     of Democratic Institutions and Human Rights (ODIHR) of OSCE 
     in its final report on the 1999 presidential election, such 
     as state interference in the campaign and pressure on the 
     media; and
       (5) calls upon the Government of Ukraine to allow election 
     monitors from the ODIHR, other participating states of OSCE, 
     and private institutions and organizations, both foreign and 
     domestic, full access to all aspects of the parliamentary 
     election process, including--
       (A) access to political events attended by the public 
     during the campaign period;
       (B) access to voting and counting procedures at polling 
     stations and electoral commission meetings on election day, 
     including procedures to release election results on a 
     precinct by precinct basis as they become available; and
       (C) access to postelection tabulation of results and 
     processing of election challenges and complaints.

  Mr. CAMPBELL. Mr. President, as Chairman of the Commission on 
Security and Cooperation in Europe, I today am introducing a resolution 
urging the Government of Ukraine to ensure a democratic, transparent, 
and fair election process leading up to the March 31, 2002 
parliamentary elections. I am pleased to be joined by fellow 
Commissioners Dodd and Brownback. Several of our colleagues from the 
House have introduced a companion resolution.
  Ukraine's success as an independent, democratic state is vital to the 
stability and security in Europe, and that country has, over the last 
decade, enjoyed a strong relationship with the United States. The 
Helsinki Commission has monitored closely the situation in Ukraine and 
has a long record of support for the aspirations of the Ukrainian 
people for human rights and democratic freedoms. Ukraine enjoys 
goodwill in the Congress and remains one of our largest recipients of 
assistance in the world. Clearly, there is a genuine desire that 
Ukraine succeed as an independent, democratic, stable and economically 
successful state. It is against this backdrop that I introduce this 
resolution, as a manifestation of our concern about Ukraine's direction 
at this critical juncture. These parliamentary elections will be an 
important indication of whether Ukraine moves forward rather than 
backslides on the path to democratic development.
  Indeed, there has been growing cause for concern about Ukraine's 
direction over the last few years. Last May, I chaired a Helsinki 
Commission hearing: ``Ukraine at the Crossroads: Ten Years After 
Independence.'' Witnesses at that hearing testified about problems 
confronting Ukraine's democratic development, including high-level 
corruption, the controversial conduct of authorities in the 
investigation of murdered investigative journalist Heorhiy Gongadze and 
other human rights problems. I had an opportunity to meet Mrs. Gongadze 
and her daughters who attended that hearing.
  While there has been progress over the last few months with respect 
to legislation designed to strengthen the rule of law, it is too early 
to assert that Ukraine is once again moving in a positive direction.
  With respect to the upcoming elections, on the positive side we have 
seen the passage of a new elections law which, while not perfect, has 
made definite improvements in providing safeguards to meet Ukraine's 
international commitments. However, there are already concerns about 
the elections, with increasing reports of violations of political 
rights and freedoms during the pre-campaign period, many of them 
documented in reports recently released by the non-partisan, non-
government Committee on Voters of Ukraine, CVU.
  It is important for Ukraine that there not be a repeat of the 1999 
presidential elections which the Organization for Security and 
Cooperation in Europe, OSCE, stated were marred by violations of the 
Ukrainian election law and failed to meet a significant number of 
commitments on the conduct of elections set out in the 1990 OSCE 
Copenhagen Document. Therefore, this resolution urges the Ukrainian 
Government to enforce impartially the new election law and to meet its 
OSCE commitments on democratic elections and to address issues 
identified by the OSCE report on the 1999 presidential election such as 
state interference in the campaign and pressure on the media.
  The upcoming parliamentary elections clearly present Ukraine with an 
opportunity to demonstrate its commitment to OSCE principles. The 
resolution we introduce today is an expression of the importance of 
these parliamentary elections, which could serve as an important 
stepping-stone in Ukraine's efforts to become a fully integrated member 
of the Europe-Atlantic community of nations.

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