Madam President, I applaud the leadership for taking up S. Con. Res. 110, a resolution expressing the sense of Congress in support of the ongoing work of the Organization for Security and Cooperation in Europe, OSCE, in combating anti-Semitism, racism, xenophobia, discrimination, intolerance, and related violence. The Helsinki Commission, which I co-chair, has been on the forefront of efforts to combat anti-Semitism throughout the 55 participating States that comprise the OSCE. Commission initiatives have been aimed at urging all OSCE countries to take real action, to ensure that the issue of anti-Semitism is not swept under the rug or disguised in misleading euphemisms like "hooliganism." The latent, yet persistent, problem of anti-Semitism is one that cannot be ignored, but rather must be met head on, with the full force and weight of elected leaders and Government officials publicly denouncing acts of anti-Semitism and related violence. For this reason, I am pleased the U.S. Senate today will be on record in our fight against anti-Semitism and speak to this pernicious problem. I want to highlight one portion of the resolution that calls for the Bulgarian Chairman-in-Office and the incoming Slovenian CiO to "consider appointing" an individual to the post of a "personal envoy." This high profile position would help ensure "sustained attention with respect to fulfilling OSCE commitments on the reporting of anti-Semitic crimes." The need for this position was made clear in a recent report by the OSCE Office for Democratic Institutions and Human Rights. At the end of June the OSCE'S Office for Democratic Institutions and Human Right's ODIHR reported that only 20 of 55 participating States had responded to the four requests for submissions issued by ODIHR between January 28 and May 28. Canada and Slovakia have since made submissions. Each participating State has been asked to forward to ODIHR information concerning legislation and statistics about anti-Semitic crimes and hate crimes, as agreed to under the Maastricht Ministerial Council Decision and the Permanent Council Decision highlighted in the Berlin Declaration. Mr. President I ask unanimous consent that a summary of the responses from participating States, dated June 21, 2004 be printed in the Record following this statement:   As actions speak louder than words, the poor compliance indicates a lack the political will by some to make fighting anti-Semitism and intolerance a high priority. Therefore, a personal envoy could work to encourage participating States to honor their commitments and to forward the information to ODIHR for compilation, raising these concerns at the highest level. I consequently urge Bulgaria and Slovenia, along with all other participating States, to support efforts to create a personal envoy of the OSCE Chairman in Office on anti-Semitism. I note that the current OSCE Chair, Foreign Minister Solomon Passy is in Washington this week for consultations and I urge him to appoint such a representative before the end of Bulgaria's chairmanship. As Secretary of State Powell stated at the Berlin Conference, "We must send the clear message far and wide that anti-Semitism is always wrong and it is always dangerous. We must send the clear message that anti-Semitic hate crimes are exactly that: crimes, and that these crimes will be aggressively prosecuted." Senate passage of S. Con. Res. 110 will bolster the ongoing work of the OSCE in confronting and combating anti-Semitism.   Exhibit 1  PARTICIPATING STATE RESPONSES TO NOTE VERBALE  [As of 21st June 2004]  Participating State Responded to NV Statistics Legislation National initiatives Nomination of authority responsible for collection and provision of info             Albania Yes X Yes X X Andorra X X X X X Armenia X X X X X Austria Yes Yes Yes Yes X Azerbaijan X X X X X Belarus Yes Yes Yes Yes X Belgium X X X X X Bosnia and Herzegovina X X X X X Bulgaria Yes X Yes Yes X Canada X X X X X Croatia Yes Yes Yes Yes X Cyprus X X X X X Czech Republic X X X X X Denmark Yes Yes Yes Yes X Estonia X X X X X Finland Yes Yes Yes Yes X France X X X X X Georgia X X X X X Germany Yes Yes Yes Yes X Greece X X X X X Holy See Yes X X Yes Yes Hungary X X X X X Iceland X X X X X Ireland X X X X X Italy X X X X X Kazakhstan X X X X X Kyrgyzstan X X X X X Latvia Yes Yes Yes Yes Yes Liechtenstein Yes X Yes Yes X Lithuania Yes Yes Yes Yes X Luxembourg Yes X Yes Yes X Malta Yes X Yes X X Moldova Yes Yes Yes X X Monaco X X X X X Netherlands X X X X X Norway X X X X X Poland Yes Yes Yes Yes X Portugal X X X X X Romania Yes X Yes Yes X Russian Federation X X X X X San Marino X X X X X Serbia and Montenegro X X X X X Slovak Republic X X X X X Slovenia X X X X X Spain X X X X X Sweden Yes Yes Yes Yes Yes Switzerland Yes Yes Yes Yes Yes Tajikistan X X X X X Former Yugoslav Republic of Macedonia X X X X X Turkey X X X X X Turkmenistan X X X X X Ukraine X X X X X United Kingdom of Great Britain and Northern Ireland X X X X X United States of America Yes Yes Yes Yes X Uzbekistan X X X X X S.Con.Res. 110 Expressing the sense of Congress in support of the ongoing work of the Organization for Security and Cooperation in Europe (OSCE) in combating anti-Semitism, racism, xenophobia, discrimination, intolerance, and related violence. Whereas anti-Semitism is a unique evil and an affront to human rights that must be unequivocally condemned, and a phenomenon that, when left unchecked, has led to violence against members of the Jewish community and Jewish institutions; Whereas racism, xenophobia, and discrimination are also pernicious ills that erode the dignity of the individual and undermine the achievement and preservation of stable democratic societies; Whereas to be effective in combating these phenomena, governments must respond to related violence while seeking to address the underlying sources of anti-Semitism, racism, xenophobia, discrimination, intolerance, and related violence through public denouncements by elected leaders, vigorous law enforcement, and education; Whereas all Organization for Security and Cooperation in Europe (OSCE) participating states must confront acts of anti-Semitism and intolerance, and must deal effectively with acts of violence against Jews and Jewish cultural sites, as well as against ethnic and religious minority groups, in keeping with their OSCE commitments; Whereas education is critical in overcoming intolerance and it is essential that those responsible for formulating education policy recognize the importance of teaching about the Holocaust and intolerance as a tool to fight anti-Semitism, racism, xenophobia, and discrimination among young people; Whereas ensuring proper training of law enforcement officers and military forces is vital in keeping alive the memory of the Holocaust and to the importance of understanding and responding to incidents of anti-Semitism and intolerance; Whereas OSCE participating states have repeatedly committed to condemn anti-Semitism and intolerance, foremost in the historic 1990 Copenhagen Concluding Document that, for the first time, declared "participating [s]tates clearly and unequivocally condemn totalitarianism, racial and ethnic hatred, anti-Semitism, xenophobia and discrimination against anyone," and stated their intent to "take effective measures . . . to provide protection against any acts that constitute incitement to violence against persons or groups based on national, racial, ethnic or religious discrimination, hostility or hatred, including anti-Semitism;" Whereas the OSCE Parliamentary Assembly has demonstrated leadership by unanimously passing resolutions at its annual sessions in 2002 and 2003 that condemn anti-Semitism, racial and ethnic hatred, xenophobia, and discrimination and call upon participating states to speak out against these acts and to ensure aggressive law enforcement by local and national authorities; Whereas the 2002 Porto OSCE Ministerial Council Decision committed participating states to "take strong public positions against hate speech and other manifestations of aggressive nationalism, racism, chauvinism, xenophobia, anti-Semitism and violent extremism," specifically condemned the "recent increase in anti-Semitic incidents in the OSCE area, recognizing the role that the existence of anti-Semitism has played throughout history as a major threat to freedom," and urged for the "convening of separately designated human dimension events on issues addressed in this decision, including on the topics of anti-Semitism, discrimination and racism and xenophobia;" Whereas the 2003 OSCE Vienna conferences on anti-Semitism and racism, xenophobia, and discrimination were groundbreaking, as the OSCE and its participating states met to discuss ways to combat these destructive forces; Whereas the 2003 Maastricht Ministerial Council approved follow-up OSCE conferences on anti-Semitism and on racism, xenophobia and discrimination, and encouraged "all participating [s]tates to collect and keep records on reliable information and statistics on hate crimes, including on forms of violent manifestations of racism, xenophobia, discrimination, and anti-Semitism," as well as to inform the OSCE Office of Democratic Institutions and Human Rights (ODIHR) "about existing legislation regarding crimes fueled by intolerance and discrimination"; Whereas at the 2004 OSCE Conference on Anti-Semitism, hosted in the German capital, the Bulgarian Chairman-in-Office issued the "Berlin Declaration" which stated unambiguously that "international developments or political issues, including those in Israel or elsewhere in the Middle East, never justify anti-Semitism"; Whereas the Berlin Declaration advances the process of monitoring of anti-Semitic crimes and hate crimes, as all OSCE participating states committed to "collect and maintain" statistics about these incidents and to forward that information to the ODIHR for compilation; Whereas during the closing conference plenary, the German Foreign Minister and others highlighted the need to ensure all participating states follow through with their commitments and initiate efforts to track anti-Semitic crimes and hate crimes; and Whereas the Government of Spain announced its willingness to organize and hold the next OSCE Conference on Anti-Semitism in Cordoba, Spain, in the event the OSCE Ministerial Council decides to hold another conference on anti-Semitism: Now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That it is the sense of Congress that-- (1) the United States Government and Congress should unequivocally condemn acts of anti-Semitism and intolerance whenever and wherever they occur; (2) officials and elected leaders of all Organization for Security and Cooperation in Europe (OSCE) participating states, including all OSCE Mediterranean Partner for Cooperation countries, should also unequivocally condemn acts of anti-Semitism, racism, xenophobia, and discrimination whenever and wherever they occur; (3) the participating states of the OSCE should be commended for supporting the Berlin Declaration and for working to bring increased attention to incidents of anti-Semitism and intolerance in the OSCE region; (4) the United States Government, including Members of Congress, recognizing that the fundamental job of combating anti-Semitism and intolerance falls to governments, should work with other OSCE participating states and their parliaments to encourage the full compliance with OSCE commitments and, if necessary, urge the creation of legal mechanisms to combat and track acts of anti-Semitism and intolerance; (5) all participating states, including the United States, should forward their respective laws and data on incidents of anti-Semitism and other hate crimes to the OSCE Office for Democratic Institutions and Human Rights (ODIHR) for compilation and provide adequate resources for the completion of its duties; (6) the United States should encourage the Bulgarian Chairman-in-Office, in consultation with the incoming Slovenian Chairman-in-Office, to consider appointing a high level "personal envoy" to ensure sustained attention with respect to fulfilling OSCE commitments on the reporting of anti-Semitic crimes; (7) the United States should urge OSCE participating states to support the January 2000 Declaration of the Stockholm International Forum on the Holocaust, and the work of the Task Force for International Cooperation on Holocaust Education, Remembrance and Research, in developing effective methodologies to teach the lessons of the Holocaust; and (8) all OSCE participating states should renew and revitalize efforts to implement their existing commitments to fight anti-Semitism and intolerance, and keep sharp focus on these issues as part of the usual work of the OSCE Permanent Council, the Human Dimension Implementation Review Meeting, the Ministerial Council and summits.  

Madam President, during World War II, some 23,000 Roma were sent to Auschwitz, mostly from Germany, Austria, and the occupied Czech lands. Sixty Years ago, on the night of August 2 and 3, the order was given to liquidate the “Gypsy Camp” at Auschwitz. Over the course of that night, 2,898 men, women, and children were put to death in the gas chambers. In all, an estimated 18,000 Roma died at Auschwitz-Birkenau.   During the intervening years, Aug. 2 and 3 have become days to remember the Porrajmos, the Romani word that means "the Devouring," and to mourn the Romani losses of the Holocaust.   As the U.S. Holocaust Memorial Museum has suggested, Roma are ``understudied victims'' of the Nazis. What we don't know about the Romani experiences during the war is far greater than what is known.   But we do know that the fate of the Roma varied from country to county, and depended on many factors. We know that, in addition to the atrocities in Auschwitz, thousands of Roma were gassed at Chelmno. We know that an estimated 90 percent of Croatia's Romani population--tens of thousands of people--was murdered. We know that approximately 25,000 Roma were deported by the Romanian regime to Transnistria in 1942, where some 19,000 of them perished there in unspeakable conditions. We know that in many places, such as Hungary, Roma were simply executed at the village edge and dumped into mass graves. We know that in Slovakia, Roma were put into forced labor camps, and that in France, Roma were kept in internment camps for fully a year after the war ended.   Still, far more research remains to be done in this field, especially with newly available archives like those from the Lety concentration camp in the Czech Republic. I commend the Holocaust Museum for the efforts it has made to shed light on this still dark corner of the past, and I welcome the work of nongovernmental organizations, such as the Budapest-based Roma Press Center, for collecting the memories of survivors.   I do not think I can overstate the consequences of the Porrajmos. Some scholars estimate that as many as half of Europe's Romani minority perished. For individuals, for families, and for surviving communities, those losses were devastating. Tragically, the post-war treatment of Roma compounded one set of injustices with others. Those who were most directly involved in developing the Nationalist-Socialist framework for the racial persecution of Roma--Robert Ritter and Eva Justin--were never brought to justice for their crimes and were allowed to continue their medical careers after the war. The investigative files on Ritter--including evidence regarding his role in the forced sterilization of Roma--were destroyed. German courts refused to recognize, until 1963, that the persecution of Roma based on their ethnic identity began at least as early as 1938. By the time of the 1963 ruling, many Romani survivors had already died.   During my years of service on the leadership of the Helsinki Commission, I have been struck by the tragic plight of Roma throughout the OSCE region. It is not surprising that, given the long history of their persecution, Roma continue to fight racism and discrimination today. I commend Slovakia for adopting comprehensive antidiscrimination legislation in May. As the OSCE participating states prepare for a major conference on racism, discrimination, and xenophobia, to be held in September, I hope they will be prepared to address the persistent manifestations of racism against Roma--manifestations that often carry echoes of the Holocaust.

Mr. President, for nearly 4 years the case of murdered Ukrainian investigative journalist Heorhiy Gongadze has gone unsolved, despite repeated calls by the Helsinki Commission, the State Department, and the international community for a fair and impartial investigation into this case. As cochairman of the Helsinki Commission, I have met with Gongadze's widow and their young twin daughters. Besides the human tragedy of the case, the Gongadze murder is a case study of the Ukrainian authorities' utter contempt for the rule of law.   Gongadze, who was editor of the Ukrainian Internet news publication Ukrainska Pravda, which was critical of high-level corruption in Ukraine, disappeared in September 2000. His headless body was found in November of that year. That same month, audio recordings by a former member of the presidential security services surfaced that included excerpts of earlier conversations between Ukrainian President Kuchma and other senior officials discussing the desirability of Gongadze's elimination.   Earlier this week, Ukraine's Prosecutor General's office announced that Ihor Honcharov, a high-ranking police officer who claimed to have information on how Ministry of Internal Affairs officials carried out orders to abduct Gongadze, died of “spinal trauma” while in police custody last year. This came on the heels of an article in the British newspaper, The Independent, which obtained leaked confidential documents from Ukraine indicating repeated obstruction into the Gongadze case at the highest levels. Furthermore, just yesterday, Ukraine's Prosecutor General announced that investigators are questioning a suspect who has allegedly admitted to killing Gongadze.   Many close observers of the Ukrainian authorities' mishandling, obfuscation and evasiveness surrounding this case from the outset are suspicious with respect to this announcement. Just one of numerous examples of the Ukrainian authorities' obstruction of the case was the blocking of FBI experts from examining evidence gathered during the initial investigation in April 2002, after the Bureau had been invited by these authorities to advise and assist in the case and earlier had helped in identifying Gongadze's remains.   The Ukrainian parliament's committee investigating the murder has recommended criminal proceedings against President Kuchma. This committee's work has been thwarted at every turn over the course of the last several years by the top-ranking Ukrainian authorities.   A serious and credible investigation of this case is long overdue--one which brings to justice not only the perpetrators of this crime, but all those complicit in Gongadze's disappearance and murder, including President Kuchma.   Ukraine faces critically important presidential elections this October. Last month, I introduced a bipartisan resolution urging the Ukrainian Government to ensure a democratic, transparent and fair election process. Unfortunately, there have been serious problems in Ukraine's pre-election environment.   Ukraine can do much to demonstrate its commitment to democracy and the rule of law by conducting free and fair elections and fully and honestly investigating those who were behind the murder of Heorhiy Gongadze. The Ukrainian people deserve no less.  

Mr. President, 2 years ago, the United States Helsinki Commission, which I co-chair, held its third hearing on the human rights problems faced by Roma. At that time, we gave particular attention to the barriers Roma face in the field of education. As the OSCE High Commissioner on National Minorities said in his very helpful report on Roma in OSCE region, “exclusion of Roma extends to every sphere of social life, perhaps nowhere with more far-reaching and harmful effect than in respect of schooling.” In other words, ensuring equal access for Roma in the fields of education is an essential element for their integration in other areas of life. The World Bank and United Nations Development Program have also emphasized, in their reports, that integration in education is an essential ingredient for improving the overall conditions in which Roma live. Last month, as our own country was commemorating the Supreme Court's historic decision in Brown v. Board of Education, the European Roma Rights Center issued a report entitled “Stigmata: Segregated Schooling of Roma in Central and Eastern Europe.” This report evaluates practices and policies in Bulgaria, the Czech Republic, Hungary, Romania, and Slovakia and describes the most common ways of segregating Romani children from non-Roma: channeling Roma into so-called “special schools” for children with developmental disabilities; the de facto segregation that goes hand-in-hand with Romani ghettos; having mixed population schools where Romani children are segregated into all-Romani classes; and the refusal of some local authorities to enroll Romani children in mainstream schools. The European Roma Rights Center report concludes that, unfortunately, “with the exception of Hungary, concrete government action aimed at desegregating the school system has not been initiated to date.” It is surely not a coincidence that Hungary is also the only country in Europe where the mainstream political parties have started to compete for the Romani vote--both developments which reflect meaningful steps towards the real integration of Roma in that country. As the European Roma Rights Center notes, segregated schooling is the result of many factors which conspire together--not the least of which is the pernicious stereotype that Romani culture is somehow incompatible with education. This fiction continues to be widely held and disseminated by the media, by government officials and public leaders, and sometimes even by the representatives of respected international organizations. Frankly, this myth needs to be debunked. In reality, before World War II, there was no country in Europe that allowed Roma to attend school and maintain their language and cultural identity at the same time. Formal schooling, by definition, meant forced assimilation. It is amazing testimony to the strength of Romani culture that--after centuries as a dispersed people in Europe, after slavery in Romania and Moldova, after forced assimilation campaigns, and after the Holocaust--Romani identity has survived. For most Roma in Europe, concentrated in countries that fell behind the Iron Curtain, it is only the context of a post-communist world, a Europe which has now recognized the rights of ethnic and linguistic minorities, that the theoretical opportunity to be educated without having to hide or surrender one's Romani identity is within grasp. Kids like Elvis Hajdar, the Romani-Macedonian computer whiz-kid the Christian Science Monitor profiled in April, embrace this opportunity. For many other Roma, however, educational opportunities remain only distant and only theoretical. And, contrary to popular mythology, it is not Romani culture that holds them back, but crushing poverty and entrenched racism. Education is the key to breaking the cycle of poverty and it is no surprise that Romani organizations across Europe have made access to education one of their principle demands. Moreover, the “Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area,” adopted at the Maastricht Ministerial last December, the OSCE participating states outlined a variety of concrete measures states might undertake to achieve this goal. But desegregation will not just happen on its own. It will take leadership and political will and--as we know from our own experiences after the Brown decision--it may still take many years. The time to get started is now.

Mr. President, as Co-Chairman of the Helsinki Commission, I submit today a resolution urging the Government of Ukraine to ensure a democratic, transparent and fair election process for the presidential elections scheduled to be held in late October. An identical resolution is being submitted by Chairman of the House International Relations Committee Henry Hyde and my colleague and Chairman of the Helsinki Commission, Representative Chris Smith. I am pleased to note that the Commission's Ranking Member, Mr. Dodd, and the Ranking Member of the Committee on Foreign Relations, Mr. Biden, are original cosponsors of the resolution.   The Helsinki Commission, which has long monitored and encouraged human rights, rule of law and democracy in Ukraine, continues to be a stalwart supporter of Ukraine's development as an independent, democratic and market-oriented state. There is a genuine desire in the United States for Ukraine to succeed in this process and for the long-suffering Ukrainian people to fully realize their dreams and aspirations. 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 and they present the Ukrainian authorities with a real opportunity to demonstrate their commitment to OSCE principles and values.   Unfortunately, Ukraine's pre-election environment has already been decidedly problematic and of increasing concern to the United States and the international community. During the course of this year I have shared specific concerns with Senate colleagues, particularly in terms of the media. The resolution submitted today 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 and Voice of America. Among other concerns are the blatant obstacles to free assembly and a free and fair political campaign as well as substantial irregularities in several recent elections.   An egregious example of how not to conduct elections was the mayoral election held two weeks ago 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. Despite strong evidence indicating that a candidate from the democratic opposition “Our Ukraine” bloc had won, the territorial elections commission announced as winner the candidate of a party led by the head of Presidential Administration, Viktor Medvedchuk. That some of the abuses and violence took place in front of OSCE observers, and that some of the victims of violence were members of the Ukrainian parliament, only underscores the brazenness of these actions. The outlandish conduct of the Mukacheve elections not only casts doubt over their outcome, but when coupled with other recent problematic elections, including in Constituency No. 61 in Donetsk, could be a barometer for the October presidential elections.   The resolution I submit today 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 institutions and agencies involved directly or indirectly in the elections process, such as the Central Election Commission, the Ministry of Internal Affairs, Procuracy, the State Security Service (SBU), Tax Administration, as well as the Constitutional and Supreme Courts.   Ukraine's October presidential elections should be a watershed for the future direction of that country of great potential. It is abundantly clear that a small clique have a vested interest in perpetuating the outmoded status quo. Ukrainian authorities need to radically improve the election environment if there is to be hope for these elections to meet OSCE standards. The question is whether their perceived self-interest will trump the interest of the people of Ukraine. Having restored the independence of their proud land, the Ukrainian people deserve an opportunity to overcome the legacy of the past, and consolidate democracy, human rights and the rule of law.   Mr. Campbell (for himself, Mr. Dodd, and Mr. Biden) submitted the following resolution; which was referred to the Committee on Foreign Relations:   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 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--   (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.