[Congressional Record Volume 150, Number 56 (Wednesday, April 28, 2004)]
[Senate]
[Pages S4484-S4485]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
UKRAINIAN DEMOCRACY
Mr. LEVIN. Mr. President, the demise of the Soviet Union, in 1991,
provided an opportunity for millions of people to chart their own
destiny as people free from the yoke of repressive communism. At that
time, there was great hope that a free and prosperous Ukraine could
become a member of the
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Euro-Atlantic community that is united by democracy, free markets and
the rule of law.
In the past 12 years, Ukraine's transition to democracy and
capitalism has been a difficult process marked by success and failure.
The successes are many: Ukraine has given up nuclear weapons,
peacefully changed power from Leonid Kravchuk to Leonid Kuchma,
partnered with NATO's Partnership for Peace program, and has stationed
roughly 1,600 troops in Iraq--one of whom, Private Ruslan Androshchuk
paid the ultimate price for his service.
Yet, in spite of these achievements, Ukraine faces a stark choice of
leadership as it seeks to shape its second decade of freedom from
communism. Those who would seek to forge a new and open Ukrainian
identity aligned with the community of democratic nations stand in
contrast to those who seek to return the nation to its repressive past
by establishing a more authoritarian regime that avoids the needed
reforms it must undertake.
The choices facing the Ukrainian people are clear, and the upcoming
October 2004 presidential election will play a critical role in
determining the course that this proud and important nation will take.
It is my hope that the presidential election will draw Ukraine closer
to the West by cementing a strong and stable democracy. Unfortunately,
a number of recent events and actions by the Ukrainian government have
provided supporters of a democratic Ukraine with reason for concern.
In the lead up to the fall's election, Ukrainian president Leonid
Kuchma has pursued constitutional changes that would shift substantial
powers from the presidency to the Ukrainian parliament, the Verkhovna
Rada, on the eve of the presidential election in which a strong
opponent of the President is currently leading in the polls. In
response to concerns expressed by many nations, President Kuchma
dropped the most egregious provision, which would have replaced the
direct election of the president with an election by the Ukrainian
parliament. Deliberations on constitutional reforms, especially reforms
that would alter the political landscape and structure of the nation,
should be discussed in a full and open parliamentary debate with the
broad participation of the Ukrainian population. Yet, the proponents of
this measure primarily relied on backroom maneuvering to push through
their changes. Although President Kuchma argued that he was not
advocating these changes to strengthen his position, since he has said
he will not run for reelection, many concerns existed that he was doing
so to fortify the position of his allies in the legislature.
In a sign that true democratic aspirations in Ukraine are still
alive, those changes to the Ukrainian constitution failed by six votes
earlier this month. I am hopeful that President Kuchma will permit the
election to go forward without further attempts to undermine Ukraine's
constitution.
The constitutional changes advocated by President Kuchma are just one
facet of an increasingly authoritarian trend in Ukraine. Media
repression that threatens the safety of Ukrainian journalists also
limits the ability of citizens to obtain fair and accurate reporting
prior to the October elections. A free press and open media are
essential foundations for any open, democratic society. Yet the ability
of the media to operate freely has been threatened in the past several
years.
The commercial FM Dovira network removed Radio Free Europe/Radio
Liberty, RFE/RL, Ukrainian-language programs from its schedule in
February of this year. This move came after the takeover of the network
by a political supporter of President Kuchma. The network had
previously served as the RFE/RL major affiliate, reaching roughly 60
percent of Ukraine's population. Apparently RFE/RL programming did not
``fit the envisioned new format of the radio network,'' despite the
fact that these programs were the most popular shows on the station.
When Radio Kontynent, an FM commercial station in Kyiv, started
airing RFE/RL programming a couple of weeks later, the station was
raided and closed by Ukrainian authorities. The station's transmission
equipment and three employees were briefly detained. The former owner
of the station fled to Poland fearing for his life and is awaiting
political asylum.
This action was not an isolated event, unfortunately. According to
the Broadcasting Board of Governors, Ukrainian authorities continue an
ongoing campaign against the independent media, including the
harassment of journalists and the suppression of fact-based news and
information and investigative reporting. Several journalists have been
murdered and others have been killed in suspicious ``accidents.'' We
must do more to support efforts in Ukraine by journalists and media
organizations that fight for fundamental rights.
Political repression and harassment apparently influenced the
election for the mayor of Mukachevo, a town in southwestern Ukraine.
Exit polls for this election indicated that Our Ukraine's candidate
received 62.4% of the vote, yet a subsequent recount indicated that his
opponent won by 5,000 votes. Reports trickling out after the election
indicated that some of the election stations were raided and damaged by
``criminal elements'' and other ballots were summarily destroyed or
ignored. Four members of the parliament were beaten and an election
observer was hospitalized after being assaulted. In addition to this,
prior to the election the Our Ukraine candidate temporarily was taken
off the ballot and a theater director that allowed Our Ukraine to use
his venue for a meeting was severely beaten.
The Organization for Security and Cooperation in Europe, OSCE,
expressed its concerns about this election, as well as recent
legislation that bars domestic non-partisan observers from monitoring
elections. Without the assurances of a free, open, and transparent
election, there is little to hope that the fall election will, in fact,
uphold true democratic values. The events in Mukachevo and the barring
of domestic observers are reasons for great concern. Recent actions,
such I described, raise the fear that this election will be stolen from
the Ukrainian people.
Ukraine has taken some positive steps toward the creation of
democratic institutions and a free-market economy, though much more
remains to be done. This is why a free and fair presidential election
in October 2004 remains so important to determining the future path of
Ukraine. Who emerges victorious from this election is a matter to be
decided by the Ukrainian people. What is of concern to the United
States is how these elections will be conducted. Both the election day
and the pre-election period must meet international standards for a
free and fair electoral process, including ensuring that candidates
have unimpeded access to media outlets, citizens are guaranteed the
opportunity to exercise their civil and political rights, free from
intimidation and interference, and domestic and international monitors
are allowed to observe the electoral process and report their findings.
The numerous problems in Ukraine noted in elections in 1999 and 2002 by
election observers only intensify everyone's concerns.
Ukraine, if it is to realize its considerable potential, must take
action now to protect the fundamental human rights of its citizens.
There have been some achievements in the past twelve years, but much
more remains to be done. I know that my Senate colleagues share my
concerns about the upcoming presidential elections and stand ready to
support the Ukrainian people as they continue with efforts to make
their nation more free and democratic.
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