Senate passes new resolution urging urges Government of Ukraine to ensure a democratic, transparent, and fair run-off election
S.RES.473: A resolution urging the Government of Ukraine to ensure a democratic, transparent, and fair election process for the Presidential run-off election on November 21, 2004.
Passed/agreed to in Senate.
Status: Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.
Sponsor: Sen McCain, John [R-AZ] (introduced 11/18/2004)
Sen Biden Jr., Joseph R. [D-DE] - 11/18/2004
Sen Graham, Lindsey O. [D-SC] - 11/18/2004
Sen Hagel, Chuck [R-NE] - 11/18/2004
Sen Lieberman, Joseph I. [D-CT] - 11/18/2004
Sen Lugar, Richard G. [R-IN] - 11/18/2004
Sen Smith, Gordon [R-OR] - 11/18/2004
108TH CONGRESS
2D SESSION S. RES. 473
IN THE SENATE OF THE UNITED STATES
RESOLUTION
Urging the Government of Ukraine to ensure a democratic, transparent, and fair election process for the Presidential run-off election on November 21, 2004.
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 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 the second round of the Presidential election takes place against the backdrop of past elections and improprieties in the first round of the election, which did not fully meet international standards;
Whereas it is the duty of government and public authorities of Ukraine 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 administrative action, violence, intimidation, or detention do not 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 in Ukraine 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 of Ukraine 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 Government of Ukraine;
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;
Whereas intimidation and violence and fraud during the April 18, 2004, mayoral election in Mukacheve, Ukraine, represent a deliberate attack on the democratic process;
Whereas in the period leading to the first round of the Presidential election, the government power structures used state resources such as schools, state factories, hospitals, and public transport systems to force students, state workers, and citizens who rely on state services for their livelihood to campaign against their will for the government-backed candidate;
Whereas there was notable partisan engagement of security services, military, and local police in support of the government-backed candidate;
Whereas there was a failure of national and local state-owned and private electronic media to provide impartial and fair coverage of, or access to, opposition candidates;
Whereas some election commission members affiliated with opposition candidates were dismissed from their duties just prior to election day;
Whereas there was collaboration with a foreign government to allow a foreign President to appear in Ukraine and express his opinions on one of the candidates just days before election day, in an effort to influence the vote, and a military parade, which was held in Kyiv 3 days prior to the election, was clearly an effort to intimidate voters; and
Whereas in the first round of the Presidential election in Ukraine that occurred on October 31, 2004, international observers noted fraud and other significant problems, including badly maintained voter lists, which resulted in people being denied their right to vote, as well as many additional names on voter rolls for which no accounting could be made, prevalent interference by unauthorized persons into the electoral process, and credible reports of busing of voters among oblasts and polling stations for the purpose of multiple voting: Now, therefore, be it Resolved, That the Senate
END