Encouraging Democratic Elections in Ukraine

Encouraging Democratic Elections in Ukraine

Hon.
Christopher H. Smith
United States
House of Representatives
108th Congress Congress
Second Session Session
Wednesday, May 05, 2004

Mr. Speaker, I'm pleased to join Rep. Hyde, Chairman of the International Relations Committee, in sponsoring an important resolution urging Ukraine to ensure a democratic, transparent, and fair election process for the upcoming presidential election. By urging the Ukrainian authorities to abide by their freely undertaken OSCE commitments on democratic elections, this resolution emphasizes our commitment to the Ukrainian people and the goal of Ukraine's integration into the Western community of nations.

 

As Chairman of the Helsinki Commission, I have been a steadfast supporter of human rights and democracy in Ukraine, and I value independent Ukraine's contribution to security and stability in Europe. The stakes in the upcoming elections are high, not only with respect to the outcome, but also as a fundamental indicator of Ukraine's democratic development.

 

Recent events have dramatically underscored the need for this clear statement of resolve to support a truly democratic process in Ukraine. The pre-election environment in Ukraine has been discouraging, with examples of obstacles to free assembly and free speech, the limiting of access to Radio Liberty, Voice of America and other international broadcasts, and substantial transgressions in recent parliamentary by-elections and mayoral elections.

 

Mr. Speaker, the most blatant of these took place just a few weeks ago in the city of Mukacheve. These elections witnessed violence, intimidation, fraud and other massive violations both of the electoral code and any standards of civilized human behavior. The mayoral elections have been roundly and rightly criticized by the United States, Europe, and the OSCE. Many observers fear that Mukacheve is a harbinger of things to come. As Chairman of the U.S. delegation to the OSCE Parliamentary Assembly, I join OSCE PA President Bruce George in calling upon Ukrainian President Kuchma to ensure a proper investigation of the violations which took place and to rectify the situation so that the will of the voters is realized.

 

Mr. Speaker, Ukraine remains at a crossroads. Developments with respect to democracy have been discouraging over the last few years. The elections represent a real chance for Ukraine to get back on the road to full respect for the tenets of democracy, human rights and the rule of law. The United States stands in solidarity with the people of Ukraine as they strive to achieve these essential goals.

 

Mr. Hyde (for himself, Mr. Smith, and Mr. Lantos) submitted the following resolution; which was referred to the International Relations Committee:

 

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 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 House--

 

(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.

Relevant countries: 
Leadership: 
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    Uzbekistan held a referendum on independence and its first direct, contested presidential election on December 29,1991. According to the republic's Central Election Commission, over 98 percent of voters cast ballots for independence, and more - important - 86 percent voted for Islam Karimov as president. Karimov, former head of Uzbekistan's Communist Party (now renamed Party deputy to the republic's Supreme Soviet and chairman of the opposition party Erk). Uzbekistan's referendum on independence was a mere formality, given the dissolution of the URSS. Karimov's victory in a direct, two-candidate election signaled significant progress compared to the republic's previous practices and relative to other Central Asia republics, most of which did not hold contested presidential elections. But Karimov's advantages over Salih in the campaign, the exclusion of Pulatov, and the prevalence of old voting habits, both among voters and polling station officials, indicate that much remains to be done before Uzbekistan attains Western and CSCE notions of political pluralism and electoral probity. Two Helsinki Commission staffers observed Uzbekistan's referendum and presidential election, at the invitation of the republic's Supreme Soviet. They spent four days in Tashkent, the capital, and also traveled to Samarkand, to interview spokesmen of unofficial movements about the election and the general political situation in Uzbekistan.

  • Ukraine's Referendum on Independence and Presidential Election

    In an historic referendum/presidential election on December 1, 1991, residents of Ukraine overwhelmingly voted for independence and chose Leonid Kravchuk, the chairman of the republic's Supreme Soviet, as president. Hundreds of foreign observers and correspondents watched as 84 percent of eligible voters went to the polls. Over 90 percent of participants, including many non-Ukrainians, cast ballots for independence. Former Communist Party apparatchik Kravchuk handily won the presidency on the first round, garnering about 60 percent of the votes. Among the candidates he defeated were two widely admired former dissidents and political prisoners who had served many years in Soviet prisons for advocating Ukrainian independence. The outcome of the referendum, while expected, was nevertheless momentous. Ukraine's emergence as an independent state ended any prospects of salvaging a federated or even confederated USSR. The results of the voting provided the direct impetus for the December 8 agreement among the presidents of Russia, Ukraine and Belarus to create the Commonwealth of Independent States as the successor entity to the Soviet Union, which they formally declared dead. The rise of Ukraine -- a large state with 52 million people, a highly developed industrial base, rich agricultural capabilities, and, not least, nuclear weapons on its territory -- also altered the geo-political map of Europe. Western capitals, observing the quickly unfolding events and grasping their ramifications, made determined efforts to stop referring to the new republic in their midst as "the" Ukraine, while pondering how its military plans and potential affect security arrangements in the post Cold War world. Given the importance of Ukraine's referendum and presidential election, as well as the republic's size and regional differences, the Helsinki Commission sent three staffers to observe the voting. Ukraine's parliament had previously conveyed formal invitations to the Commission, which selected three distinct cities as representative sites to monitor the voting, gauge the popular mood and gain different perspectives on the political implications: Kiev, the capital, in central Ukraine; Lviv, the regional capital of Western Ukraine, reputedly the most highly nationalist area of the republic; and Donetsk, in Eastern Ukraine, where the population is heavily Russian or Russified. Unfortunately, logistical and transportation breakdowns in the decaying Soviet Union foiled plans to reach Donetsk, and Commission staff instead traveled to the city of Kaniv (a small city on the Dnipro river). The following report is based on staff observations over several days, and is supplemented by many conversations with voters and officials, as well as Ukrainian and central Soviet newspaper and television coverage.

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