[Congressional Record Volume 150, Number 61 (Wednesday, May 5, 2004)]
[Senate]
[Pages S4917-S4918]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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  SENATE RESOLUTION 352--URGING THE GOVERNMENT OF UKRAINE TO ENSURE A 
DEMOCRATIC, TRANSPARENT, AND FAIR ELECTION PROCESS FOR THE PRESIDENTIAL 
                      ELECTION ON OCTOBER 31, 2004

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

                              S. Res. 352

       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 are 
     prerequisites for that country's full integration into the 
     Western community of nations as an equal member, including 
     into organizations such as the North Atlantic Treaty 
     Organization (NATO);
       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), including provisions of the 
     Copenhagen Document;
       Whereas the election on October 31, 2004, of Ukraine's next 
     president will provide 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 this election takes place against the backdrop of 
     previous elections that did not fully meet international 
     standards and of disturbing trends in the current pre-
     election environment;
       Whereas it is the duty of government and public authorities 
     at all levels to act in a manner consistent with all laws and 
     regulations governing election procedures and to ensure free 
     and fair elections throughout the entire country, including 
     preventing activities aimed at undermining the free exercise 
     of political rights;
       Whereas a genuinely free and fair election requires a 
     period of political campaigning conducted in an environment 
     in which neither administrative action nor violence, 
     intimidation, or detention hinder the parties, political 
     associations, and the candidates from presenting their views 
     and qualifications to the citizenry, including organizing 
     supporters, conducting public meetings and events throughout 
     the country, and enjoying unimpeded access to television, 
     radio, print, and Internet media on a non-discriminatory 
     basis;
       Whereas a genuinely free and fair election requires that 
     citizens be guaranteed the right and effective opportunity to 
     exercise their civil and political rights, including the 
     right to vote and the right to seek and acquire information 
     upon which to make an informed vote, free from intimidation, 
     undue influence, attempts at vote buying, threats of 
     political retribution, or other forms of coercion by national 
     or local authorities or others;
       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 increasing control and manipulation of the media by 
     national and local officials and others acting at their 
     behest raise grave concerns regarding the commitment of the 
     Ukrainian authorities to free and fair elections;
       Whereas efforts by the national authorities to limit access 
     to international broadcasting, including Radio Liberty and 
     the Voice of America, represent an unacceptable infringement 
     on the right of the Ukrainian people to independent 
     information;
       Whereas efforts by national and local officials and others 
     acting at their behest to impose obstacles to free assembly, 
     free speech, and a free and fair political campaign have 
     taken place in Donetsk, Sumy, and elsewhere in Ukraine 
     without condemnation or remedial action by the Ukrainian 
     Government;
       Whereas numerous substantial irregularities have taken 
     place in recent Ukrainian parliamentary by-elections in the 
     Donetsk region and in mayoral elections in Mukacheve, Romny, 
     and Krasniy Luch; and
       Whereas the intimidation and violence during the April 18, 
     2004, mayoral election in Mukacheve, Ukraine, represent a 
     deliberate attack on the democratic process: Now, therefore, 
     be it
       Resolved, That the Senate--
       (1) acknowledges and welcomes the strong relationship 
     formed between the United States and Ukraine since the 
     restoration of Ukraine's independence in 1991;
       (2) recognizes that a precondition for the full integration 
     of Ukraine into the Western community of nations, including 
     as an equal member in institutions such as the North Atlantic 
     Treaty Organization (NATO), is its establishment of a 
     genuinely democratic political system;
       (3) expresses its strong and continuing support for the 
     efforts of the Ukrainian people to establish a full 
     democracy, the rule of law, and respect for human rights in 
     Ukraine;
       (4) urges the Government of Ukraine to guarantee freedom of 
     association and assembly, including the right of candidates, 
     members of political parties, and others to freely assemble, 
     to organize and conduct public events, and to exercise these 
     and other rights free from intimidation or harassment by 
     local or national officials or others acting at their behest;
       (5) urges the Government of Ukraine to meet its 
     Organization for Security and Cooperation in Europe (OSCE) 
     commitments on democratic elections and to address issues 
     previously identified by the Office of Democratic 
     Institutions and Human Rights (ODIHR) of the OSCE in its 
     final reports on the 2002 parliamentary elections and the 
     1999 presidential elections, such as illegal interference by 
     public authorities in the campaign and a high degree of bias 
     in the media;
       (6) urges the Ukrainian authorities to ensure--
       (A) the full transparency of election procedures before, 
     during, and after the 2004 presidential elections;
       (B) free access for Ukrainian and international election 
     observers;
       (C) multiparty 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;
       (E) freedom of candidates, members of opposition parties, 
     and independent media organizations from intimidation or 
     harassment by government officials at all levels via 
     selective tax audits and other regulatory procedures, and in 
     the case of media, license revocations and libel suits, among 
     other measures;
       (F) a transparent process for complaint and appeals through 
     electoral commissions and within the court system that 
     provides timely and effective remedies; and
       (G) vigorous prosecution of any individual or organization 
     responsible for violations of election laws or regulations, 
     including the application of appropriate administrative or 
     criminal penalties;
       (7) further calls upon the Government of Ukraine to 
     guarantee election monitors from the ODIHR, other 
     participating States of the OSCE, Ukrainian political 
     parties, candidates' representatives, nongovernmental 
     organizations, and other private institutions and 
     organizations, both foreign and domestic, unobstructed access 
     to all aspects of the election process, including unimpeded 
     access to public campaign events, candidates, news media, 
     voting, and post-election tabulation of results and 
     processing of election challenges and complaints; and
       (8) pledges its enduring support and assistance to the 
     Ukrainian people's establishment of a fully free and open 
     democratic system, their creation of a prosperous free market 
     economy, their establishment of a secure independence and 
     freedom from coercion, and their country's assumption of its 
     rightful place as a full and equal member of the Western 
     community of democracies.


[[Page S4918]]


  Mr. CAMPBELL. Mr. President, as Co-Chairman of the Helsinki 
Commission, I submit today a resolution urging the Government of 
Ukraine to ensure a democratic, transparent and fair election process 
for the presidential elections scheduled to be held in late October. An 
identical resolution is being submitted by Chairman of the House 
International Relations Committee Henry Hyde and my colleague and 
Chairman of the Helsinki Commission, Representative Chris Smith. I am 
pleased to note that the Commission's Ranking Member, Mr. Dodd, and the 
Ranking Member of the Committee on Foreign Relations, Mr. Biden, are 
original cosponsors of the resolution.
  The Helsinki Commission, which has long monitored and encouraged 
human rights, rule of law and democracy in Ukraine, continues to be a 
stalwart supporter of Ukraine's development as an independent, 
democratic and market-oriented state. There is a genuine desire in the 
United States for Ukraine to succeed in this process and for the long-
suffering Ukrainian people to fully realize their dreams and 
aspirations. This resolution, by encouraging fair, open and transparent 
elections, is a concrete expression of the commitment of the U.S. 
Congress to the Ukrainian people.
  The resolution underscores that an election process and the 
establishment of a genuinely democratic political system consistent 
with Ukraine's freely-undertaken OSCE commitments is a prerequisite for 
Ukraine's full integration into the Western community of nations as an 
equal member, including into NATO. The October elections will be vital 
in determining Ukraine's course for years to come and they present the 
Ukrainian authorities with a real opportunity to demonstrate their 
commitment to OSCE principles and values.
  Unfortunately, Ukraine's pre-election environment has already been 
decidedly problematic and of increasing concern to the United States 
and the international community. During the course of this year I have 
shared specific concerns with Senate colleagues, particularly in terms 
of the media. The resolution submitted today focuses squarely on key 
problem areas, including increasing control and manipulation of the 
media and attempts by national authorities to limit access to 
international broadcasting, including Radio Liberty and Voice of 
America. Among other concerns are the blatant obstacles to free 
assembly and a free and fair political campaign as well as substantial 
irregularities in several recent elections.
  An egregious example of how not to conduct elections was the mayoral 
election held two weeks ago in the western Ukrainian city of Mukacheve. 
This election was marred by intimidation, violence, fraud and 
manipulation of the vote count, electoral disruptions and 
irregularities. Despite strong evidence indicating that a candidate 
from the democratic opposition ``Our Ukraine'' bloc had won, the 
territorial elections commission announced as winner the candidate of a 
party led by the head of Presidential Administration, Viktor 
Medvedchuk. That some of the abuses and violence took place in front of 
OSCE observers, and that some of the victims of violence were members 
of the Ukrainian parliament, only underscores the brazenness of these 
actions. The outlandish conduct of the Mukacheve elections not only 
casts doubt over their outcome, but when coupled with other recent 
problematic elections, including in Constituency No. 61 in Donetsk, 
could be a barometer for the October presidential elections.
  The resolution I submit today outlines those measures the Ukrainian 
authorities need to take--consistent with their own laws and 
international agreements--for a free, fair, open and transparent 
election process. The Ukrainian authorities at all levels, including 
the executive, legislative and judicial branches, need to ensure an 
election process that enables all of the candidates to compete on a 
level playing field. This includes the various institutions and 
agencies involved directly or indirectly in the elections process, such 
as the Central Election Commission, the Ministry of Internal Affairs, 
Procuracy, the State Security Service (SBU), Tax Administration, as 
well as the Constitutional and Supreme Courts.
  Ukraine's October presidential elections should be a watershed for 
the future direction of that country of great potential. It is 
abundantly clear that a small clique have a vested interest in 
perpetuating the outmoded status quo. Ukrainian authorities need to 
radically improve the election environment if there is to be hope for 
these elections to meet OSCE standards. The question is whether their 
perceived self-interest will trump the interest of the people of 
Ukraine. Having restored the independence of their proud land, the 
Ukrainian people deserve an opportunity to overcome the legacy of the 
past, and consolidate democracy, human rights and the rule of law.

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