[Congressional Record Volume 150, Number 139 (Wednesday, December 8, 2004)]
[Senate]
[Page S12021]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                PRESIDENTIAL RUNOFF ELECTION IN UKRAINE

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. Res. 487 which was 
submitted earlier today.
  The PRESIDING OFFICER (Mr. Warner). The clerk will report the 
resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 487) expressing the sense of the 
     Senate regarding the November 21, 2004, Presidential runoff 
     election in Ukraine.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. REID. Mr. President, over the last 17 days we have all watched 
with interest as the human yearning for freedom surged through the 
streets of Ukraine.
  After an election marred by vast fraud and corruption, hundreds of 
thousands of supporters of the opposition candidate, Mr. Yushchenko, 
have raised their voices for democracy, legitimacy and fairness.
  The Senate has condemned the widespread fraud in the November 21 
runoff between Mr. Yushchenko and Prime Minister Yanukovych, and called 
for a peaceful resolution to the political situation in Ukraine.
  The rule of law must prevail. Fair and free elections are what the 
hundreds of thousands of Ukrainian demonstrators have been demanding. I 
am pleased that the Senate is going to pass this resolution expressing 
support for a peaceful and legal outcome that represents the will of 
the Ukrainian people.
  Mr. FRIST. Mr. President, I ask unanimous consent that the resolution 
be agreed to, the preamble be agreed to, the motion to reconsider be 
laid upon the table, and that any statements relating to this matter be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 487) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 487

       Whereas on November 21, 2004, Ukraine held a presidential 
     runoff election between former Prime Minister and opposition 
     candidate Victor Yushchenko and current Prime Minister Victor 
     Yanukovych;
       Whereas the Ukrainian Central Election Commission reported 
     that Mr. Yanukovych won 49.42 percent of the vote and Mr. 
     Yushchenko won 46.7 percent of the vote in the runoff 
     election, despite the fact that several exit polls indicated 
     that Mr. Yushchenko secured significantly more votes than Mr. 
     Yanukovych;
       Whereas the International Election Observation Mission from 
     the Organization for Security and Cooperation in Europe 
     (OSCE) determined that the runoff election did not meet 
     international standards for democratic elections, and 
     specifically declared that state resources were abused to 
     support the candidacy of Prime Minister Yanukovych;
       Whereas the Committee of Voters of Ukraine, a 
     nongovernmental electoral organization in Ukraine, reported 
     on illegal voting by absentee ballot, multiple voting, 
     assaults on electoral observers, journalists and the use of 
     counterfeit ballots;
       Whereas such reports of fraud were also echoed by Senator 
     Richard Lugar of Indiana, Chairman of the Committee on 
     Foreign Relations of the Senate, an observer to the runoff 
     election designated by President George W. Bush;
       Whereas since November 22, 2004, tens of thousands of 
     people have engaged in peaceful demonstrations in Kiev, 
     Ukraine, to protest the declaration by the Central Election 
     Commission of Mr. Yanukovych as the winner of the runoff 
     election;
       Whereas antigovernment protests in support of opposition 
     candidate Mr. Yushchenko took place in cities throughout 
     Ukraine, and several city councils adopted resolutions that 
     declared Mr. Yushchenko as the legally elected president;
       Whereas on November 23, 2004, opposition candidate Mr. 
     Yushchenko declared victory in the runoff election;
       Whereas the United States has called for a complete and 
     immediate investigation into the conduct of the runoff 
     election to examine fully the reports of fraud and 
     corruption;
       Whereas the European Union has also stated that authorities 
     in Ukraine must redress election irregularities and that the 
     reported results do not reflect the will of the people of 
     Ukraine;
       Whereas the Ukrainian Supreme Court blocked the publication 
     of the official runoff election results stating that Mr. 
     Yanukovych was the winner, thus preventing his inauguration 
     as President of Ukraine until the 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 election but on November 30, 2004, with 
     support from progovernment and communist parties, canceled 
     the resolution;
       Whereas 15 eastern and southern regions in Ukraine that 
     supported the candidacy of Mr. Yanukovych threatened to split 
     off from the country if an illegitimate president were to 
     come to power;
       Whereas on December 1, 2004, the Parliament of Ukraine 
     passed a no confidence motion in the cabinet of Prime 
     Minister Yanukovych as approximately 100,000 supporters of 
     Mr. Yushchenko demonstrated in front of the parliament 
     building;
       Whereas Mr. Yanukovych and Mr. Yushchenko, along with 
     European mediators and current Ukraine President Leonid 
     Kuchma, began discussions on December 1, 2004, to attempt to 
     work out a resolution to the standoff;
       Whereas on December 3, 2004, the Ukrainian Supreme Court 
     ruled that the November 21, 2004, runoff election was invalid 
     and ordered a new vote on December 26, 2004;
       Whereas on December 8, 2004, the Parliament of Ukraine 
     passed electoral changes to reform the Central Election 
     Commission and close loopholes for fraud, as well as 
     constitutional changes to reduce the power of the President 
     of Ukraine; and
       Whereas the manner in which this crisis is resolved will 
     have significant implications for the perceptions of the 
     democratic institutions of Ukraine by the international 
     community: Now, therefore, be it
       Resolved, That the Senate--
       (1) condemns the widespread fraud in the November 21, 2004, 
     runoff presidential election in Ukraine; and
       (2) supports a peaceful political and legal settlement in 
     Ukraine that is based on the principles of democracy and 
     reflects the will of the people of Ukraine.

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