[Congressional Record (Bound Edition), Volume 150 (2004), Part 6]
[Senate]
[Pages 7747-7748]
[From the U.S. Government Publishing Office, www.gpo.gov]




                          UKRAINIAN DEMOCRACY

  Mr. LEVIN. Mr. President, the demise of the Soviet Union, in 1991, 
provided an opportunity for millions of people to chart their own 
destiny as people free from the yoke of repressive communism. At that 
time, there was great hope that a free and prosperous Ukraine could 
become a member of the Euro-Atlantic community that is united by 
democracy, free markets and the rule of law.
  In the past 12 years, Ukraine's transition to democracy and 
capitalism has been a difficult process marked by success and failure. 
The successes are many: Ukraine has given up nuclear weapons, 
peacefully changed power from Leonid Kravchuk to Leonid Kuchma, 
partnered with NATO's Partnership for Peace program, and has stationed 
roughly 1,600 troops in Iraq--one of whom, Private Ruslan Androshchuk 
paid the ultimate price for his service.
  Yet, in spite of these achievements, Ukraine faces a stark choice of 
leadership as it seeks to shape its second decade of freedom from 
communism. Those who would seek to forge a new and open Ukrainian 
identity aligned with the community of democratic nations stand in 
contrast to those who seek to return the nation to its repressive past 
by establishing a more authoritarian regime that avoids the needed 
reforms it must undertake.
  The choices facing the Ukrainian people are clear, and the upcoming 
October 2004 presidential election will play a critical role in 
determining the course that this proud and important nation will take. 
It is my hope that the presidential election will draw Ukraine closer 
to the West by cementing a strong and stable democracy. Unfortunately, 
a number of recent events and actions by the Ukrainian government have 
provided supporters of a democratic Ukraine with reason for concern.
  In the lead up to the fall's election, Ukrainian president Leonid 
Kuchma has pursued constitutional changes that would shift substantial 
powers from the presidency to the Ukrainian parliament, the Verkhovna 
Rada, on the eve of the presidential election in which a strong 
opponent of the President is currently leading in the polls. In 
response to concerns expressed by many nations, President Kuchma 
dropped the most egregious provision, which would have replaced the 
direct election of the president with an election by the Ukrainian 
parliament. Deliberations on constitutional reforms, especially reforms 
that would alter the political landscape and structure of the nation, 
should be discussed in a full and open parliamentary debate with the 
broad participation of the Ukrainian population. Yet, the proponents of 
this measure primarily relied on backroom maneuvering to push through 
their changes. Although President Kuchma argued that he was not 
advocating these changes to strengthen his position, since he has said 
he will not run for reelection, many concerns existed that he was doing 
so to fortify the position of his allies in the legislature.
  In a sign that true democratic aspirations in Ukraine are still 
alive, those changes to the Ukrainian constitution failed by six votes 
earlier this month. I am hopeful that President Kuchma will permit the 
election to go forward without further attempts to undermine Ukraine's 
constitution.
  The constitutional changes advocated by President Kuchma are just one 
facet of an increasingly authoritarian trend in Ukraine. Media 
repression that threatens the safety of Ukrainian journalists also 
limits the ability of citizens to obtain fair and accurate reporting 
prior to the October elections. A free press and open media are 
essential foundations for any open, democratic society. Yet the ability 
of the media to operate freely has been threatened in the past several 
years.
  The commercial FM Dovira network removed Radio Free Europe/Radio 
Liberty, RFE/RL, Ukrainian-language programs from its schedule in 
February of this year. This move came after the takeover of the network 
by a political supporter of President Kuchma. The network had 
previously served as the RFE/RL major affiliate, reaching roughly 60 
percent of Ukraine's population. Apparently RFE/RL programming did not 
``fit the envisioned new format of the radio network,'' despite the 
fact that these programs were the most popular shows on the station.
  When Radio Kontynent, an FM commercial station in Kyiv, started 
airing RFE/RL programming a couple of weeks later, the station was 
raided and closed by Ukrainian authorities. The station's transmission 
equipment and three employees were briefly detained. The former owner 
of the station fled to Poland fearing for his life and is awaiting 
political asylum.
  This action was not an isolated event, unfortunately. According to 
the Broadcasting Board of Governors, Ukrainian authorities continue an 
ongoing campaign against the independent media, including the 
harassment of journalists and the suppression of fact-based news and 
information and investigative reporting. Several journalists have been 
murdered and others have been killed in suspicious ``accidents.'' We 
must do more to support efforts in Ukraine by journalists and media 
organizations that fight for fundamental rights.
  Political repression and harassment apparently influenced the 
election for the mayor of Mukachevo, a town in southwestern Ukraine. 
Exit polls for this election indicated that Our Ukraine's candidate 
received 62.4% of the vote, yet a subsequent recount indicated that his 
opponent won by 5,000 votes. Reports trickling out after the election 
indicated that some of the election stations were raided and damaged by 
``criminal elements'' and other ballots were summarily destroyed or 
ignored. Four members of the parliament were beaten and an election 
observer was hospitalized after being assaulted. In addition to this, 
prior to the election the Our Ukraine candidate temporarily was taken 
off the ballot and a theater director that allowed Our Ukraine to use 
his venue for a meeting was severely beaten.
  The Organization for Security and Cooperation in Europe, OSCE, 
expressed its concerns about this election, as well as recent 
legislation that bars domestic non-partisan observers from monitoring 
elections. Without the assurances of a free, open, and transparent 
election, there is little to hope

[[Page 7748]]

that the fall election will, in fact, uphold true democratic values. 
The events in Mukachevo and the barring of domestic observers are 
reasons for great concern. Recent actions, such I described, raise the 
fear that this election will be stolen from the Ukrainian people.
  Ukraine has taken some positive steps toward the creation of 
democratic institutions and a free-market economy, though much more 
remains to be done. This is why a free and fair presidential election 
in October 2004 remains so important to determining the future path of 
Ukraine. Who emerges victorious from this election is a matter to be 
decided by the Ukrainian people. What is of concern to the United 
States is how these elections will be conducted. Both the election day 
and the pre-election period must meet international standards for a 
free and fair electoral process, including ensuring that candidates 
have unimpeded access to media outlets, citizens are guaranteed the 
opportunity to exercise their civil and political rights, free from 
intimidation and interference, and domestic and international monitors 
are allowed to observe the electoral process and report their findings. 
The numerous problems in Ukraine noted in elections in 1999 and 2002 by 
election observers only intensify everyone's concerns.
  Ukraine, if it is to realize its considerable potential, must take 
action now to protect the fundamental human rights of its citizens. 
There have been some achievements in the past twelve years, but much 
more remains to be done. I know that my Senate colleagues share my 
concerns about the upcoming presidential elections and stand ready to 
support the Ukrainian people as they continue with efforts to make 
their nation more free and democratic.

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