[Congressional Record (Bound Edition), Volume 150 (2004), Part 15]
[House]
[Pages 20604-20607]
[From the U.S. Government Publishing Office, www.gpo.gov]




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

  Mrs. JO ANN DAVIS of Virginia. Madam Speaker, I move to suspend the 
rules and agree to the concurrent resolution (H. Con. Res. 415) urging 
the Government of Ukraine to ensure a democratic, transparent, and fair 
election process for the presidential election on October 31, 2004, as 
amended.
  The Clerk read as follows:

                            H. Con. Res. 415

       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

[[Page 20605]]

     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 by the House of Representatives (the Senate 
     concurring), That the 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;
       (8) strongly encourages the President to fully employ the 
     diplomatic and other resources of the Government of the 
     United States to ensure that the election laws and procedures 
     of Ukraine are faithfully adhered to by all local and 
     national officials, by others acting at their behest, and by 
     all candidates and parties, during and subsequent to the 
     presidential campaign and election-day voting;
       (9) strongly encourages the President to clearly 
     communicate to the Government of Ukraine, to all parties and 
     candidates, and to the people of Ukraine the high importance 
     attached by the Government of the United States to this 
     presidential campaign as a central factor in determining the 
     future relationship between the two countries; and
       (10) 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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Virginia (Mrs. Jo Ann Davis) and the gentleman from Florida (Mr. 
Wexler) each will control 20 minutes.
  The Chair recognizes the gentlewoman from Virginia (Mrs. Jo Ann 
Davis).


                             General Leave

  Mrs. JO ANN DAVIS of Virginia. Madam Speaker, I ask unanimous consent 
that all Members may have 5 legislative days within which to revise and 
extend their remarks and include extraneous material on the concurrent 
resolution under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Virginia?
  There was no objection.
  Mrs. JO ANN DAVIS of Virginia. Madam Speaker, I yield myself such 
time as I may consume.
  Madam Speaker, I rise in support of H. Con. Res. 415 regarding free 
and fair elections in Ukraine. I want to commend the gentleman from 
Illinois (Chairman Hyde) for introducing this important and timely 
resolution and thank the ranking Democrat of the full committee, the 
gentleman from California (Mr. Lantos), for his strong support.
  On October 31, the people of Ukraine will go to the polls to 
participate in an election for their next president. The development of 
a strong democracy in Ukraine has been slow and difficult over the past 
13 years by any measure. However, no issue will be more important to 
Ukraine's future standing with the West than the strength of its 
democracy. Therefore, this election, in many ways represents a historic 
opportunity for the people of Ukraine to decide whether or not 
democracy can flourish in this important nation.
  Ukraine has an obvious need to maintain positive relations with its 
neighbor, Russia. But with its resources and economic potential, 
Ukraine can and should be an important element in the further 
stabilization of Europe. However, its long-term commitment to democracy 
is the only way Ukraine can become a full partner with the democracies 
of the Euro-Atlantic community. Because of the importance of relations 
between Ukraine and the West, Ukraine has been reassured time and again 
that the door to the West remains open. This month will be a crucial 
test of whether the Ukrainian people and their government are willing 
to

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make the effort to walk through that door.
  Regrettably, recent statements and actions by some in the current 
political leadership have raised concerns in the international 
community and in this Congress about whether this election will be open 
and fair. Based on problems witnessed in the past elections in Ukraine, 
I believe it is important that Ukraine's leaders understand that this 
election will be regarded as a litmus test of Ukraine's commitment to 
democracy and to its future in Europe.
  It seems incomprehensible to me that with the rocky relationship the 
West has had at times with the outgoing leadership in Kiev, that either 
of the major candidates running for election would want his victory 
tainted by an unfair electoral process, biased media coverage, and even 
thuggery.

                              {time}  1930

  Why would the next President of Ukraine want to spend the next 5 
years under a cloud of legitimacy?
  Many visitors to Ukraine, including several from this House over the 
past few months, have raised the issue of free and fair elections. All 
have been reassured by President Kuchma, Prime Minister Yanukovich, 
Foreign Minister Gryshcenko, and Speaker of the Parliament, Lytvyn, 
that every effort will be made to meet the government's commitment for 
a free and fair election. I am afraid, however, that in many instances 
thus far, the rhetoric has not been matched by the actions.
  At the Subcommittee on Europe markup of this resolution in June, our 
former subcommittee chairman, Doug Bereuter, noted that they would hold 
those government officials to their word. We know that Ukraine's 
leaders have heard our message, but we are concerned that some of them 
are not taking that message seriously.
  H. Con. Res. 415 notes the importance of the presidential election to 
the success of Ukraine's transition to democracy. The resolution 
addresses reports of government harassment of those who support 
opposition candidates and of threats and violence against opposition 
leaders and their families. It speaks to allegations of harassment of 
independent media in Ukraine and about allegations of possible outright 
election fraud.
  The resolution stresses how important it will be for President Kuchma 
and other senior officials to take active steps to ensure that the 
kinds of foul play seen in past elections do not become the norm during 
the remainder of this presidential election.
  Finally, the manager's amendment which has been included also 
includes language calling on the United States Government to ensure 
that all of Ukraine's election laws are being followed by the 
presidential candidates and those working on their behalf.
  Mr. Speaker, we in the Congress remain committed to assisting Ukraine 
in building a stable, democratic and prosperous nation. What better way 
for President Kuchma to leave office than to ensure that the people of 
Ukraine have a free and fair choice as to who will lead them over the 
next 5 years?
  We hope the elections in just a few weeks' time will prove that 
Ukraine too shares these same goals.
  I urge adoption of this resolution.
  Mr. Speaker, I reserve the balance of my time.
  Mr. WEXLER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of this resolution. Mr. 
Speaker, I want to thank my friends and colleagues, the gentleman from 
California (Mr. Lantos), the gentleman from Illinois (Mr. Hyde), the 
gentleman from New Jersey (Mr. Smith) and Doug Bereuter for sponsoring 
this important resolution, as well as the gentlewoman from Virginia 
(Mrs. Jo Ann Davis).
  Mr. Speaker, this resolution reaffirms U.S. Congressional support for 
the democratic aspirations of the Ukrainian people and the 
establishment of a genuine democracy in Ukraine. Given the importance 
of Ukraine to the stability of southeastern Europe and the strong ties 
between the Ukrainian and American people, we must make every effort to 
put the relationship between our two nations on a strong and democratic 
footing.
  Unfortunately, the conduct of the previous parliamentary and 
presidential elections in Ukraine was judged to be flawed by the 
Organization for Security and Cooperation in Europe. We in Congress had 
hoped that the Government of Ukraine had learned from its past 
mistakes, but all the evidence elected collected so far about the 
conduct of this year's presidential campaign points otherwise.
  As the Ukrainian presidential election approaches in just 3 weeks, 
the prospect for the election to be free and fair seems bleak.
  Despite high-level protests by the United States government and the 
Congress over the continued manipulation and control of the media by 
national and local Ukrainian officials, these violations have continued 
unabated and raise grave concerns regarding the commitment of the 
Ukrainian Government to free and fair elections.
  I am also uneasy about the efforts of the Government of the Russian 
Federation to tilt the election in favor of the presidential candidate 
from the ruling party.
  Mr. Speaker, Ukraine has been a country at the crossroads for the 
past 12 years. This election will show the world whether the Ukrainian 
Government is committed to democracy and the rule of law. It will also 
serve as an indicator of the Ukraine's readiness to become a valuable 
member of the Western community of democracies.
  Congressional consideration of this resolution today, just 3 weeks 
before the presidential election, sends an important message to the 
Ukrainian electorate and the Ukrainian political elite that the U.S. 
Congress cares deeply about the political future of Ukraine.
  Mr. Speaker, the United States seeks a strong and lasting 
relationship with Ukraine. Ukraine has already shown its good will by 
joining coalition forces in Iraq. However, history has shown that the 
most enduring and fruitful alliances can be sustained between genuine 
democracies which share the same values and aspirations.
  I would like to express my sincere hope that Ukraine will succeed in 
conducting a democratic and fair election. Ukraine will then be on a 
firm path of becoming a full-fledged member of Europe.
  I strongly urge my colleagues to support this resolution.
  Mrs. JO ANN DAVIS of Virginia. Mr. Speaker, I yield as much time as 
he may consume to my colleague the gentleman from New Jersey (Mr. 
Smith).
  Mr. SMITH of New Jersey. Mr. Speaker, I am very pleased that the 
House moved to the timely consideration of H. Con. Res. 415, which 
calls upon the government of Ukraine to ensure a democratic, 
transparent and fair election process for that country's presidential 
elections that are about to take place on October 31. As chairman of 
the Helsinki Commission, I join the gentleman from Illinois (Chairman 
Hyde) in sponsoring this important resolution. H. Con. Res. 415 makes 
clear the expectation that Ukrainian authorities should, consistent 
with their own laws and international agreements, ensure an election 
process that enables all of the candidates to compete on a level 
playing field.
  International attention, Mr. Speaker, is now rightly focused on 
ensuring free, fair, open and transparent presidential elections on 
October 31, with a second round likely on November 21. These elections 
are critically important to the future of Ukraine, yet we see on a 
daily basis an election campaign that seriously calls into question 
Ukraine's commitment to OSCE principles.
  Without exaggeration, Ukraine is facing a critical election, a choice 
not only between Euro-Atlantic integration versus reintegration into 
the former Soviet Eurasian space, but a choice between further 
development toward a European-style democracy, such as in Poland or 
Hungary, versus the increasingly authoritarian system that prevails in 
Russia today.
  Unfortunately, the pre-election environment in Ukraine gives great 
cause for concern. Ukrainian voters clearly are not receiving balanced 
and objective information about all of the candidates in the race. 
Ukraine's state-

[[Page 20607]]

owned television channels are heavily biased against the democratic 
opposition candidate, Viktor Yushchenko, who is leading in the polls 
nevertheless.
  Independent media providing Ukrainians with objective information 
about the campaign, including channel 5, are being shut down in various 
regions. Journalists who do not follow the secret instructions from the 
presidential administration, it is called temnyky, are harassed and 
even fired. Given the stakes in these elections, Mr. Speaker, we should 
not be surprised that the ruling regime has launched an all-out 
campaign against the free media and against the opposition, the most 
recent of numerous examples being the highly suspicious poisoning of 
Viktor Yushchenko.
  In addition, numerous obstacles to a free and fair political campaign 
have been placed by the national authorities, including intimidation of 
citizens, candidates and campaigns, the harassment of citizen 
expressions of political views, and the illegal use of State resources 
to promote the candidacy of Prime Minister Viktor Yanukovich.
  Equal conditions for candidates, including unimpeded access to media, 
and an end to the intimidation and harassment of candidates and 
citizens must be provided during the remainder of the presidential 
campaign and will be key in determining whether or not the Ukrainian 
presidential elections will be judged as free and fair by the OSCE and 
the international community.
  The elections will be a watershed for the future direction of that 
country. Ukraine has tremendous potential. An independent, democratic 
Ukraine where the rule of law prevails is vital to the security and 
stability of Europe. Ukrainian authorities need to radically improve 
the election environment, however, if there is to be hope for these 
elections to meet those standards.
  Mr. Speaker, this resolution urges the Ukrainian government to 
guarantee freedom of association and assembly, and it is not guaranteed 
now; ensure full transparency of the election process; free access for 
Ukrainian and international election observers; and unimpeded access by 
all candidates to the media on a nondiscriminatory basis.
  I urge all Members to support this.
  Mr. WEXLER. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of the time.
  Mrs. JO ANN DAVIS of Virginia. Mr. Speaker, I have no further 
requests for time, and I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Murphy). The question is on the motion 
offered by the gentlewoman from Virginia (Mrs. Jo Ann Davis) that the 
House suspend the rules and agree to the concurrent resolution, H. Con. 
Res. 415, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the concurrent resolution, as 
amended, was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________