[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.
____________________