-
publication
Armenia's Presidential Elections
Sunday, September 22, 1996In light of what happened subsequently, it is worth noting that in summer 1996, Armenia's upcoming presidential election was expected to be anti-climactic, with the incumbent, Levon Ter-Petrossyan, easily retaining his office. By August 1996, the economic crises Armenia had endured after becoming independent 5 years before seemed to have eased. The divided and largely ineffective opposition did not appear to threaten seriously a sitting president in control of the state apparatus, and disposing of broad, constitutionally mandated executive powers. In the event, however, the election and its aftermath proved an object lesson in the surprises of political campaigns and humility for many analysts and probably for most of the leading participants. Levon Ter-Petrossyan brought a mixed legacy into the contest. A scholar by training, he had entered politics as a member of the Karabakh Committee that emerged in 1988, which cost him 6 months in a Soviet prison but gave him patriotic, dissident and leadership credentials as the conflict with Azerbaijan over Nagorno-Karabakh erupted. In the May 1990 parliamentary elections, when the Communist Party lost control of Armenia, he was elected chairman of the parliament.I Ter-Petrossyan then shepherded Armenia out of the USSR in September 1991, and became president in October 1991. Under Ter-Petrossyan's rule, landlocked Armenia has endured a constant energy crisis caused by Baku's blockade of oil and gas deliveries across Azerbaijan to Armenia. Like other former Soviet republics cut off from estab- lished trading partners, Armenia has also experienced a profound economic slump, with Gross Domestic Product falling 52.4 percent in 1992 and 14.8 percent in 1993. All the while, the government has had to care for hundreds of thousands of refugees from Azerbaijan and people still homeless after the December 1988 earthquake. Many Armenians, unable or unwilling to endure the hardships, especially in winter, have voted with their feet. According to official Armenian figures, 400,000 people have left the country in the past few years, leaving about 2,250,000 in Armenia's 10 provinces and 1,200,000 in Yerevan. Opposition groups maintain the figure is higher than one million, while the UN's figures are in between, at around 700,000. Whatever the actual figure, such an exodus for a country with a population of about 3.5 million is remarkable, and a testament to the difficulties of living in, and governing, Armenia today.
-
publication
Serbia and Montenegro: The Prospects for Change
Thursday, August 01, 1996A staff delegation of the Commission on Security and Cooperation in Europe (Helsinki Commission) traveled to Serbia and Montenegro for one week in April 1996 to assess the situation in these republics in light of changes in the region resulting from the implementation of the Dayton Agreement and the end of the conflict in neighboring Bosnia-Herzegovina. In addition to meetings in the Federal and Serbian capital, Belgrade, and the Montenegrin capital Podgorica, the delegation traveled to Vojvodina, Kosovo and the Sandzak, where large non-Serb/Montenegrin populations reside. A seminar on refugees in the former Yugoslavia, held in Kotor, Montenegro, was also attended. The delegation met with federal, republic and regional officials, as well as representatives of independent media, opposition political parties, and human rights or humanitarian groups in each location. Upon the conclusion of their visit, the staff reported the delegation's findings and recommendations to the countries belonging to the Organization for Security and Cooperation in Europe (OSCE) and gave a public briefing immediately upon its return to Washington. Serbia's President, Slobodan Milosevic, has been viewed as largely responsible for the conflict associated with former Yugoslavia's demise, especially in Croatia and Bosnia-Herzegovina, and for un- democratic and ethnically intolerant conditions within Serbia itself. Montenegro, having some cultural af- finities with Serbia but also a desire for distinctness, is viewed as Serbia's reluctant accomplice, especially when the two proclaimed a new Federal Republic of Yugoslavia in 1992. The new, or "rump," Yugoslavia has largely been isolated by the international community as far as bilateral relations and multilateral activity. After almost four years of conflict in Bosnia-Herzegovina, however, the signing of the Dayton Agreement in December 1995 changed the regional environment in southcentral Europe significantly. Not only did the Agreement propose a settlement for Bosnia-Herzegovina, which is now being implemented, but it also created a more positive regional environment in which other problems plaguing the region might be resolved. Dayton could not have been achieved without the international community again working with the Serbian regime.
-
hearing
Bosnian Elections III: Representatives of Bosnian Political Parties
Tuesday, July 30, 1996Robert Hand led the discussion on the upcoming Bosnian elections, which were scheduled for mid-September later that year. He was joined by representatives of political parties from Bosnia-Herzegovina, a rather diverse group of individuals - some of them represented parties in powers and others that are not and from various ethnic constituencies. The witnesses - Ljilana Bubic of the Republican Party of Bosnia-Herzegovina; Adnan Jahic, President of the Party for Democratic Action in Tuzla; Hasib Salkic, Secretary General of the Liberal Party of Bosnia-Herzegovina; Zdenko Kubicek of the Executive Board of the Croatian Party of Rights; Mirjana Malic of the Social Democratic Party of Bosnia-Herzegovina; and Zoran Tomic of the Croatian Democratic Union - introduced their parties’ histories, issues, and goals. They then focused more specifically on how they see the Bosnian elections unfolding and their thoughts about having them in the upcoming fall.
-
hearing
Russia’s Election: What Does It Mean?
Wednesday, July 10, 1996Rep. Chris Smith (NJ-04) and others discussed the outcome and the implications of the Russian presidential election of 1996, which, at the time of the hearing, had just happened. The winner of the election was Boris Yeltsin, who was re-elected with a margin of thirteen percentage points over Communist Party Chairman and challenger Zyuganov. The hearing also incorporated discussion concerning the conflict in Chechnya and the circumstances under which the election transpired (i.e., fairness, media coverage).
-
hearing
Bosnia: Should the OSCE Certify Conditions Exist for Free and Fair Elections?
Wednesday, June 26, 1996The Helsinki Commission is focusing on what it considers one of the most important international events of this year, the elections in Bosnia-Herzegovina. The Commission has held several briefings on this topic already with election experts from the United States, with members of the Provisional Election Commission from Bosnia, with representatives of political parties from that country, and most recently, with persons close to the situation in Banja Luka. Human rights organizations and others following the situation in Bosnia have warned that conditions for a free and fair election simply do not exist; and yet, the U.S. Government and some European governments have pressured the OSCE to certify nonetheless. A robust discussion on curbing rampant political gerrymandering and obstructions to free and fair elections will be underscored in the hearing.
-
publication
The Albanian Parliamentary Elections
Saturday, June 01, 1996The May 1996 parliamentary elections in Albania were the third such elections in that country, which beforehand had by far the most repressive communist regime. It has also been the poorest country in Europe. In March 1991, only four months after political pluralism was tolerated in the country, the commu- nists (Socialist Party) won a majority and maintained control, relying on a less than adequately free and fair electoral process and lingering support in the countryside. In March 1992, the opposition Democratic Party led by Sali Berisha was better able to get the message out to a still traumatized population, and took power as the Socialists conceded. Since that time, there have been incredible economic and political reforms, although since 1994 shortcomings in democratic development seem less the result of the lack of understanding of concepts like the rule of law than more the overbearing nature of the Democratic Party's core leadership, especially after splits within the party led to the departure of some of its earlier leaders. The Democrats received a significant setback in November 1994 when popular resentment led to the defeat in a referendum of a new constitution for the country. The situation is exacerbated by an only partly reformed Socialist opposition, which has been inclined more to obstruct and provocate than anything else. The elections were for 140 seats in the unicameral Assembly, 115 of them contested on the basis of majority races in electoral zones, with second-round runoffs, and 25 on the basis of a proportional division of parties achieving at least 4 percent of the vote. This gave the electorate two votes, one for a specific candidate and one for a political party. Members of several opposition parties complained that the greater preference given to the majority system favored the ruling party, or larger parties which would only include the Socialists. Democratic Party leaders argued that this is not necessarily the case, and that the majority system permits direct contact between a candidate and a constituency, thus strengthening democratic development. From the viewpoint of the election observer, either system or combination thereof is legiti- mate as long as it was approved through democratic means. A recently adopted law -- called the Genocide Law -- and a commission established to implement it had an impact on the eligibility for candidacy. The law prohibited those who "collaborated" with the com- munist regime from holding office until 2002. Given the severity of the repression during the communist era, it is not surprising that such a prohibition would be popular, but the commission which made the decisions was under government control and did not act in a transparent matter. Indeed, some opposition members called it unconstitutional because it was acting as a court when it was not. A total of 139 people were declared ineligible to compete in the elections, 57 of whom appealed decisions, seven successfully. Only three of the 139 people prohibited came from the ruling party, although it was claimed that the Democratic Party had told people who would probably also have been prohibited not to run as a candidate in the first place. The campaign period began in April, allowing a reasonable amount of time for political parties to get their message across. In fact, as these elections were required by the expiration of the mandate of the previously elected Assembly, the political parties were generally preparing for the elections months before- hand. The print media in Albania is almost all completely biased in favor of one party or another, allowing all points of view to be expressed but with little objective analysis available. The broadcast media is state controlled and had a definite but not overwhelming bias in its coverage of the campaign. However, the election law stipulated time frames for each political party in the campaign to present itself to the voters on television, and this was advantageous to the party in power. Many of the political parties campaigned by holding mass rallies. Opposition parties complained that the police in some towns prevented party leaders from traveling to attend rallies, and the Socialists were denied the ability to hold a final rally on the central (Skenderbeg) square of the capital city, Tirana, because it would disrupt traffic. A Democratic Party rally, on the other hand, was permitted because it was technically scheduled as an official address by Sali Berisha as the Albanian President.
-
briefing
Russian Media in Light of Upcoming Elections
Tuesday, May 14, 1996This briefing examined the Russian media in light of the upcoming elections and also with reference towards Russia's obligations to permit and protect the free media in Russia in accordance to the Helsinki Final Act. The true state of the press in Russia and whether the Yeltsin regime is complying or even trying to comply with its internationally recognized obligations were topics of discussion. Witnesses testifying at the briefing – including Elena Masyuk, Reporter for NTV and Catherine Fitzpatrick, Program Coordinator of the Committee to Protect Journalists – illuminated the issues that journalists and the media in general had encountered in recent years, including government sponsored threats and deprivation of accreditation. The Committee to Protect Journalists, in particular, voiced its concerns about the restrictive and even deadly conditions in the Russian republic of Chechnya.
-
publication
Report: US Helsinki Commission Delegation to Georgia and Azerbaijan
Friday, April 26, 1996From April 22-26, 1996, Commission staff attended, along with 30 media professionals, the International Conference on Conflict in Trans-Caucasus [sic] and the Role of Mass Media, held in Kobuleti, Ajaria (an Autonomous Republic in Georgia). The conferences organizers were the OSCE Office of Democratic Institu- tions and Human Rights (ODIHR), the OSCE Mission to Georgia, the Council of Europe and the Tbilisi-based Black Sea Press Information Agency. The project was co-sponsored by the U.S. Agency for International Development, through the Eurasia Foundation. Participants came from Baku, Tskhinvali (South Ossetia), Stepanakert (Nagorno-Karabakh), Tbilisi and Yerevan. Organized by the ODIHR as a follow-up to the 1995 Human Dimension Implementation Review Meeting in Warsaw, the conference was one in a series on the role of the media in conflict situations and in systems undergoing the transition from communism. The stated aim of these conferences is to develop aware- ness of and working recommendations for the journalists working in conflict regions on the role the media can play in preventing and resolving conflicts. A secondary goal is to give journalists from states or regions in conflict the opportunity to meet, discuss common problems and establish personal contacts to promote the exchange of information. Other scheduled conferences examine the role of the media in the former Yugoslavia (June 1996) and the situation of the media in Uzbekistan (October 1996). One important reason conference organizers chose Kobuleti was that Ajaria has managed to avoid the destruction and disruption visited upon the rest of Georgia in the last several years by ethnic conflicts and by gangs of marauding criminals associated with various paramilitary groups. Under the iron grip of Aslan Abashidze, the Chairman of Ajarias Supreme Soviet, Ajaria has been relatively calm, and has taken in refugees from Georgias ethnic-separatist conflicts in Abkhazia and South Ossetia. Since these conflicts are technically unre- solved, Tbilisi, the capital, would have been problematic for Abkhaz and South Ossetians, whereas Ajaria seemed a more neutral site.
-
briefing
Turkish Minority in Western Thrace
Friday, April 26, 1996This briefing presented an overview of the problems and the situation of the Turkish minority in Thrace, which had suffered from human rights abuses, including the deprivation of citizenship, denials of the right to buy land or houses, restriction of freedom of expression, movement, and religion, and the degrading treatment of ethnic Turks by Greek government officials. In spite of some reforms taken to improve this situation, many issues still remain, involving education, the expropriation of land, and religious discrimination. Witnesses providing testimony at this hearing – including Tozun Bahcheli, Senior Fellow at the U.S. Institute of Peace; Van Coufoudakis, Vice Chancellor of Academic Affairs at Indiana University/Purdue; and Western Thrace residents Adem Bekiroglu and Irene Laganis – discussed the limitations established by the Greek government’s failure to acknowledge without restriction the existence of the Turkish minority. Issues such as arbitrary deprivation of citizenship, the election of muftis, job discrimination, and discrimination in providing public services were identified as obstacles faced by the Turkish minority.
-
hearing
The Legacy of Chernobyl
Tuesday, April 23, 1996Rep. Chris Smith (NJ-04) presided over this hearing, which marked the tenth anniversary of the nuclear disaster in Chernobyl, the worst of its kind. Ten years out, what transpired had grave implications for Ukraine and Belarus. More specifically, according to Smith, “The explosion of the reactor at Chornobyl released 200 more times more radioactivity than was released by the atomic bombs at Hiroshima and Nagasaki combined.” Likewise, thyroid cancer in Belarusian children was extremely entrenched. Perhaps most worryingly, at the time of this hearing, the obliterated fourth nuclear reactor’s “sarcophagus” had developed serious cracks, which, if uncontained, could have released tons of radioactive dust into the environment.
-
hearing
Challenges to Democracy in Albania
Thursday, March 14, 1996The hearing focuses on the challenges to democracy in Albania. Given reports to the Helsinki Commission that human rights protections in Albania were slipping, the further democratization of Albania, and, by extension, Albania’s bilateral relations with the United States, has been called into question. This hearing opens up dialogue with various experts and witnesses on the state of human rights in Albania and how that relates to the OSCE and the agreements which OSCE states sign onto.
-
hearing
THE CHECHEN CONFLICT AND RUSSIAN DEMOCRATIC DEVELOPMENT
Wednesday, March 06, 1996The hearing addressed the OSCE-brokered military agreement in July 1995 between Russian and Chechen representatives to end ethnic conflict among Chechens, Russians, Ingush, and other ethnic groups caught up in the terror of war. The Commissioners discussed the disappearance of people, including a prominent American humanitarian aid worker and an American freelance journalist. The witnesses gave testimony on the visible breakdown in law and order which has forced humanitarian organizations, such as Doctors Without Borders, to withdraw to a safer location.
-
publication
Report on the Russian Duma Elections of December 1995
Friday, March 01, 1996On December 17, 1995, Russia held an election to the lower chamber of Parliament (Duma). The election was Russia’s second since the breakup of the U.S.S.R., and its first since the December 1993 election that followed the October 1993 destruction of the former Parliament building. Although some analysts had warned of the possible cancellation or postponement of the election, the voting took place without incident or violence. International observers considered the election to be free and fair. According to the Central Election Commission (CEC), about 63 percent of eligible voters cast ballots. The figure was higher than had been anticipated, considering the widely-reported malaise and cynicism in Russian society. The high turnout testifies to the electorate’s continuing involvement in the political process, despite many disappointments and economic hardships, and to the desire for change. Russia’s parliamentary election was a multi-party, multi-candidate contest. Forty-three parties fielded party lists totalling 5,675 candidates. Parties needed 5 percent of the national vote to gain representation in Parliament. In the 225 district races, 2,700 candidates entered the lists, an average of 12 per district. All participating parties received an equal amount of free air time on television, and they could buy more. The big winner in the election was the Communist Party (CPRF), headed by Gennady Zyuganov. According to the official results, the CPRF won 22.3 percent of the proportional vote, plus another 58 seats in single mandate districts. The CPRF appealed to voters who had not benefited from Russia’s experiment with a market economy and were discontented about crime, corruption, and a general sense of "disorder" in post-Soviet Russian society. Zyuganov also advocated the restoration, "by voluntary means," of the Soviet Union. The strong showing by the Communist Party mirrors the electoral revival of communist forces in other former Soviet republics and in Eastern Europe, 3.5 years after Russian President Boris Yeltsin declared in the U.S. Congress that "communism is dead in Russia." Zyuganov has also become the frontrunner in the race to unseat Yeltsin in the June 1996 presidential election.
-
publication
Report: 1995 Parliamentary Elections in Croatia
Thursday, February 01, 1996On October 29, 1995, Croatia held elections for the 127 seats in the House of Representatives, the lower chamber in Croatia's "Sabor," or parliament. The elections were called earlier than required by President Franjo Tudjman in light of the new situation in Croatia created by the retaking of most of the territory occupied by Serb militants since 1991, and the mass exodus of ethnic Serbs from those regions into Serb-occupied parts of neighboring Bosnia-Herzegovina and into Serbia itself Representatives for 80 of the seats were chosen on the basis of a nationwide, proportional vote in which 14 political parties or coalitions of parties participated. Representatives for 28 seats were chosen on the basis of a majority vote in electoral districts established for the elections. Twelve seats were chosen on the basis of a proportional vote of Croatian citizens, the so-called "diaspora" residing outside Croatia's borders, in which seven political parties or coalitions participated. The remaining seven seats were reserved for some of Croatia's national minorities, including three seats in a nationwide ,vote among members of the Serb community, one seat for those of the Italian minority, one for the Hungarian minority, one for the Czech and Slovak minorities, and one for the Ruthenian, Ukrainian, German and Austrian minorities in specified regional districts. The elections demonstrated disappointingly little democratic progress in Croatia since 1990, when multiparty elections were first held. In fact, the apparent unwillingness of the authorities to permit a truly open electoral system in which all had confidence, or a genuinely free media to permit a more competitive campaign period, seemed almost an expression of defiance of any democratic trend that may exist in Croatia at this time. Smaller flaws in polling practices observed on election day also become less excusable in that they indicated no attempt by the authorities to correct problems observed in all past elections. Thus, while the elections generally have been considered to be free in tenns of providing voters with a choice, they were not satisfactorily fair in the way that choice of candidates was presented to the voters.
-
publication
Summary of the OSCE Rule of Law Seminar
Friday, December 01, 1995From November 28 to December 1, 1995, the participating States of the Organization for Security and Cooperation in Europe (OSCE) convened a seminar on the rule of law. The meeting was organized by the Warsaw-based OSCE Office for Democratic Institutions and Human Rights (ODIHR). Thirty-eight of the 53 fully participating States attended, along with representatives from two Non-Participating Mediterranean States, six international organizations, and 25 non-governmental organizations. Over the course of two days, a number of emerging democracies described the constitutions and other legislative provisions that had been adopted in their countries to provide for the rule of law, at least on paper. Western participants, for their part, generally spoke of the specific and concrete challenges faced in their countries in actually implementing safeguards for the rule of law. In general, the participation of East-Central European and former Soviet countries—most of which attended this meeting—was more active than at the 1991 Oslo meeting, and Western participants, for their part, avoided the West-West bickering that marred the earlier seminar. At the end of the meeting, the rapporteurs produced summaries of the discussions.
-
briefing
Pre-Election Briefing on Russia
Wednesday, November 29, 1995Dorothy Taft, Chief of staff for the Commission on Security and Cooperation in Europe, on behalf of Representative Christopher H. Smith and Senator Alfonse M. D'Amato, the Chairman and Co-Chairman of the commission, presided the pre-election briefing on Russia. This briefing discussed the Duma and the Presidential elections in Russia, that would determinated the direction that the State will take as to European security and cooperation. Ms. Taft was joined by four recognized specialists in Russian affairs and electoral processes that shared with the Commission their insight on the Duma elections and beyond: Mr. Robert Dahl, an elections specialist with the International Foundation for Electoral System; Dr. Leon Aron, professor of post-Communist transition in Russia; Dr. Peter Stavrakis, Director at the Kennan Institute for Advanced Russian Studies; and Mr. Paul Goble, special advisor for Soviet Nationality Problems and Baltic Affairs at the State Department.
-
briefing
Pre-Election Briefing on Russia
Wednesday, November 29, 1995This briefing, which then Commission Chief of Staff Dorothy Taft moderated, focused on the Russian Federation’s upcoming Duma elections in December of the same year. Among the implications of these elections was a potential change in the direction that the Russian Federation would take concerning European security and cooperation. Of course, there was also the possibility that the Duma elections would significantly impact the nature of the U.S.’s and the former U.S.S.R.’s bilateral relations. Considering what was at stake in the Duma’s impending elections, not to mention the former U.S.S.R.’s presidential elections in June of the following year, the Commission, understandably, wanted to hold this briefing in order to be acquainted with Russia’s political leaders and the political landscape upon which they operate.
-
briefing
Religious Liberty: The State Church and Minority Faiths
Tuesday, November 28, 1995Samuel G. Wise, Director for International Policy at the US Helsinki Commission, presented the second briefing in a series focusing on religious liberty in the participating states of the Organization for Security and Cooperation in Europe. This particular discussion was intended to evaluate the relationship between state churches or traditional religious and freedom of religion for minority faiths in the OSCE region through an analysis of the effects of certain historical legacies on individual states. Witnesses testifying at the briefing – including Father Kishkovsky, Ecumenical Officer of the Orthodox Church in America; Father George Papaioannou, Pastor of St. George Greek Orthodox Church; Gerard Powers, Foreign Policy Advisor for the U.S. Catholic Conference; Lauren Homer, Founder of Law and Liberty Trust; and Lee Boothby, Vice President of the Council on Religious Freedom – focused on the issue of minority and majority in society as it relates to religion and the potential for this issue to result in conflict. The historical origins of these tensions, especially in Eastern Europe, were particularly emphasized.
-
briefing
Religious Liberty in the OSCE: Present and Future
Wednesday, September 27, 1995Speaking on behalf of Congressman Christopher H. Smith and Senator Alfonse M. D’Amato, chairman and co-chairman of the Helsinki Committee, the Committee’s Director for International Policy, Samuel G. Wise, addressed the improvements made by the countries of the OSCE in religious liberty since the demise of communism. Observed deficits in this particular subject were also evaluated, including acts of OSCE governments perpetrating religious intolerance and discrimination against people of faith by passing laws favoring certain religions, turning a blind eye to harassment, and establishing bureaucratic roadblocks to prevent religious minorities from practicing their faith. Each panelist – including Dr. Paul Marshall, Senior Fellow of Political Theory for the Institute for Christian Studies; Dr. Khalid Duran, Senior Fellow for the Institute for International Studies; and Micah Naftalin, National Director for the Union of Councils for Soviet Jews – spoke to the overall factors affecting religious freedom in the OSCE, including: respect for other freedoms such as freedom of speech and religion, ethno-cultural tensions, and the relevance of old prejudices. These ideas were presented in the context of moving towards a more comprehensive respect for religious freedom among OSCE member states in the future.
-
briefing
Trade and Investment in Central Europe and the NIS
Monday, July 10, 1995This briefing was the tenth in a series of briefings covering topics such as U.S. assistance to Central and East Europe and the NIS, and free trade unions. Topics of discussion included the economic aspects of efforts to develop institutional networks between the Central and Eastern European countries and the OSCE and the Western European multilateral structures and the progress that has been made by countries in developing association agreements with the European Union. Witnesses testifying at this briefing – including Harriet Craig Peterson, President of Cornerstone International Group and Thomas Price, Coordinator for OSCE Affairs for the State Department – evaluated regional issues associated with infrastructure, environment, energy, and border procedures that needed to be addressed to produce a smoother flow of goods from an economic perspective.
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.