[Congressional Record (Bound Edition), Volume 150 (2004), Part 13]
[Senate]
[Pages 17188-17189]
[From the U.S. Government Publishing Office, www.gpo.gov]




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

  Mr. FRIST. Mr. President, I ask unanimous consent that the Foreign 
Relations Committee be discharged from further consideration of S. Con. 
Res. 106 and that the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report the concurrent resolution by title.
  The legislative clerk read as follows:

       A concurrent resolution (S. Con. Res. 106) urging the 
     Government of Ukraine to ensure a democratic, transparent, 
     and fair election process for the presidential election on 
     October 31, 2004.

  There being no objection, the Senate proceeded to consider the 
concurrent resolution.
  Mr. CAMPBELL. Mr. President, I rise to urge passage of S. Con. Res. 
106, a bipartisan resolution calling upon the Government of Ukraine to 
ensure a democratic, transparent and fair election process for the 
presidential elections scheduled to be held in late October. 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. They present the 
Ukrainian authorities with a real opportunity to demonstrate their 
commitment to OSCE principles and values.
  As cochairman of the Helsinki Commission, I would point out that 
Ukrainian President Leonid Kuchma recently cosigned a Declaration with 
Russia and leaders of several other independent former Soviet states 
criticizing the OSCE for focusing too much attention on human rights 
and democratization. While disappointing, this diatribe is not 
surprising given the fact that under President Kuchma's leadership, 
Ukraine's record in such as media freedoms, elections, the rule of law 
and corruption has moved in the wrong direction. It is up to the OSCE 
states, including Ukraine, to implement their freely undertaken OSCE 
commitments and to take corrective measures if necessary--something I 
hope the Ukrainian authorities will be mindful of in the run-up to the 
elections.
  Ukraine's pre-election environment has already been decidedly 
problematic and of great concern to the United States and the 
international community. The pending resolution, S. Con. Res. 106, 
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. Among 
other concerns are the serious obstacles to free assembly and a free 
and fair political campaign as well as substantial irregularities in 
several recent elections, most notably, the mayoral election held in 
April 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.
  According to the most recent report of the nonpartisan Ukrainian 
nongovernmental Committee of Voters of Ukraine:

       There was no improvement in the political environment in 
     June compared to April and May. Instead, CVU observed an 
     increase in the number of cases of government pressure on the 
     opposition designed to impede their activities. Potential 
     candidates did not enjoy equal access to the media. . . . The 
     level of criminal interference in the pre-election process 
     remains very high, thus threatening free elections.

  S. Con Res. 106 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 ministries and agencies involved directly or 
indirectly in the elections process, as well as Ukraine's courts.
  Ukraine's October presidential elections should be a watershed for 
the future direction of that country of great potential. Ukrainian 
authorities need to radically improve the election environment if there 
is to be hope for these elections to meet OSCE standards. By doing so, 
they will go a long way in restoring the trust of the citizens of 
Ukraine and strengthening Ukraine's independence and democracy.
  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 the resolution 
be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The concurrent resolution (S. Con. Res. 106) was agreed to.
  The preamble was agreed to.
  The concurrent resolution, with its preamble, reads as follows:

                            S. Con. Res. 106

       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

[[Page 17189]]

     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 by the Senate (the House of Representatives 
     concurring), That Congress--
       (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.

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