|
IN THE SENATE OF THE UNITED STATES
108th CONGRESS, 2d Session, S. RES. 352
Washington, D.C., Wednesday, May 5, 2004
|
U.S. Senator Ben Nighthorse Campbell (R-CO)
|
Mr. CAMPBELL (for himself, Mr. DODD, and Mr. BIDEN) submitted the
following resolution; which was referred to the Committee on Foreign
Relations
RESOLUTION
Urging the Government of Ukraine to ensure a democratic, transparent, and
fair election process for the presidential election on October 31, 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 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;
|
U.S. Senator Chris Dodd (D-CT)
|
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, That the Senate--
|
U.S. Senator Joseph Biden (D-DE)
|
(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.
NOTE: Above, please find the text of the Senate resolution on the
Ukrainian
Elections, introduced May 5 by Sen. Ben Nighthorse Campbell (R-CO),
Co-Chairman of the Helsinki Commission, together with Sen. Chris Dodd
(D-CT) and Sen. Joseph Biden (D-DE). An IDENTICAL version was
introduced May 5 in the House of Representatives by Chairman of the
International Relations Committee Rep. Henry Hyde (R-IL), together with
Helsinki Commission Chairman Rep. Chris Smith (R-NJ) and Rep. Tom
Lantos (D-CA). The resolution was printed in the May 5 Congressional
Record and can by found on the Helsinki Commission website at:
www.csce.com.
I should note that the use of the term Ukrainian Government in the
resolutions refers to all of the Ukrainian authorities ("vlada"), including
the President and Presidential Administration, and not just the narrower
definition of government ("uryad") used in Ukraine (i.e. the Prime Minister
and Ministries). Please feel free to contact me if you have any questions
or need more information.
Orest Deychakiwsky, Orest.Deychak@mail.house.gov
U.S. Helsinki Commission, www.csce.gov.
(a.k.a. Commission on Security and Cooperation and Europe)
FOR PERSONAL AND ACADEMIC
USE ONLY |
|
back
