Toggle navigation menu.
Ukraine elections 1999

Urging the Government of Ukraine to Ensure a Democratic, Transparent, and Fair Election Process for the Presidential Election on October 31, 2004

  • Hon. Ben N. Campbell
    US












Senate

108th Congress, Second Session

Mr. President, I rise to urge passage of S. Con. Res. 106, a bipartisan resolution calling upon the Government of Ukraine to ensure a democratic, transparent and fair election process for the presidential elections scheduled to be held in late October. 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. They present the Ukrainian authorities with a real opportunity to demonstrate their commitment to OSCE principles and values.

As Co-Chairman of the Helsinki Commission, I would point out that Ukrainian President Leonid Kuchma recently cosigned a Declaration with Russia and leaders of several other independent former Soviet states criticizing the OSCE for focusing too much attention on human rights and democratization. While disappointing, this diatribe is not surprising given the fact that under President Kuchma’s leadership, Ukraine’s record in such as media freedoms, elections, the rule of law and corruption has moved in the wrong direction. It is up to the OSCE states, including Ukraine, to implement their freely undertaken OSCE commitments and to take corrective measures if necessary–something I hope the Ukrainian authorities will be mindful of in the run-up to the elections. Ukraine’s pre-election environment has already been decidedly problematic and of great concern to the United States and the international community. The pending resolution, S. Con. Res. 106, 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.

Among other concerns are the serious obstacles to free assembly and a free and fair political campaign as well as substantial irregularities in several recent elections, most notably, the mayoral election held in April 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. According to the most recent report of the nonpartisan Ukrainian nongovernmental Committee of Voters of Ukraine: There was no improvement in the political environment in June compared to April and May. Instead, CVU observed an increase in the number of cases of government pressure on the opposition designed to impede their activities. Potential candidates did not enjoy equal access to the media. The level of criminal interference in the pre-election process remains very high, thus threatening free elections. GPO’s PDF S. Con Res. 106 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 ministries and agencies involved directly or indirectly in the elections process, as well as Ukraine’s courts. Ukraine’s October presidential elections should be a watershed for the future direction of that country of great potential. Ukrainian authorities need to radically improve the election environment if there is to be hope for these elections to meet OSCE standards. By doing so, they will go a long way in restoring the trust of the citizens of Ukraine and strengthening Ukraine’s independence and democracy. Mr. FRIST. Mr. President, I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, the motion to reconsider be laid upon the table, and that any statements relating to the resolution be printed in the Record.

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 by the Senate (the House of Representatives concurring), That Congress—

(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.

Category
Country
Issue
Date
Filter Topics Open Close
Press Releases

Helsinki Commission Deeply Concerned Over Latest Ele...

Jul 27, 2022

WASHINGTON—Helsinki Commission Chairman Sen. Ben Cardin (MD) and  Co-Chairman Rep. Steve Cohen (TN-09) today expressed deep concern about an effort by the international community’s High Representative in Bosnia to impose changes on the country’s electoral system barely two months prior to general elections in early October. They issued the following joint statement: “We share the concerns […]

screen-reader-text
Press Releases

Co-Chairman Cohen Welcomes Conclusion of First Round...

Apr 12, 2022

WASHINGTON—Following the first round of presidential elections in France on April 10, Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) issued the following statement: “As co-chairman of the bipartisan U.S. Helsinki Commission, I congratulate the French people for making their voices heard on Sunday during the first round of their presidential elections. France is among the […]

screen-reader-text
Press Releases

Helsinki Commission Supports Invocation of OSCE’s Vi...

Nov 10, 2021

WASHINGTON—Following the invocation of the OSCE’s Vienna Mechanism to address the mounting human rights crisis in Belarus, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following joint statement: “One year after the release of a comprehensive, […]

screen-reader-text
helsinki commission logo 368x331
Publications

Helsinki Commission Digital Digest September 2021

Sep 30, 2021

screen-reader-text
In the News

The Russian election was supposed to shore up Putin’...

Sep 25, 2021

Electoral precinct 40, located in a charming historic area a few minutes’ walking distance from the Kremlin, is among the few in Moscow that can be trusted to count votes honestly. Ever since I first voted here at the age of 18, the official tallies have always reflected the actual votes cast. In Moscow’s 2013 mayoral […]

screen-reader-text
Hearings

Seeking Justice and Freedom in Belarus

Sep 21, 2021

In 2020, mass protests against the fraudulent election of Alexander Lukashenko shook Belarus. Since then, Lukashenko and his illegitimate regime have clung to power by committing ever more serious acts of repression against advocates of democracy and free expression. Hundreds of political prisoners languish in pre-trial detention or have been sentenced to years in prison […]

screen-reader-text
Press Releases

Helsinki Commission Leaders Blast So-Called Election...

Sep 21, 2021

WASHINGTON—Following the sham State Duma elections in Russia, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), and Ranking Members Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following statements: “From barring opposition candidates to stuffing ballot boxes and manipulating vote totals, there is ample evidence that these parliamentary […]

screen-reader-text
Press Releases

Repression in Belarus Focus of Upcoming Helsinki Com...

Sep 16, 2021

WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: SEEKING JUSTICE AND FREEDOM IN BELARUS Tuesday, September 21, 2021 2:30 p.m. Dirksen Senate Office Building Room 419 Watch live: www.youtube.com/HelsinkiCommission More than a year has passed since mass protests against the fraudulent election of Alexander […]

screen-reader-text
Press Releases

Chairman Cardin Joins Bipartisan Resolution Highligh...

Aug 09, 2021

WASHINGTON—Helsinki Commission Chairman Sen. Ben Cardin (MD) today joined a bipartisan group of lawmakers to introduce a resolution on the one-year anniversary of the fraudulent presidential election in Belarus through which Alexander Lukashenko seized power for a sixth term.  The resolution, led by Helsinki Commissioner Sen. Jeanne Shaheen (NH) and Helsinki Commission Ranking Member Sen. […]

screen-reader-text
Statements

Cardin and Wicker Discuss July 2021 Congressional De...

Jul 21, 2021

Mr. CARDIN. Madam President, I take this time to talk about the work of the U.S. Helsinki Commission in a recent opportunity we had to participate in the OSCE Parliamentary Assembly. I am joined on the floor by Senator Wicker, who is the Republican chair of the Helsinki Commission. The two of us have worked […]

screen-reader-text
Press Releases

Helsinki Commission Delegation Advances Priority Iss...

Jul 15, 2021

WASHINGTON—Helsinki Commission Chairman Sen. Ben Cardin (MD) and Ranking Member Sen. Roger Wicker (MS) last week led a U.S. delegation to the 2021 OSCE Parliamentary Assembly (PA) Annual Session in Vienna, Austria. The assembly was the first major gathering with an in-person component since the onset of the COVID-19 pandemic in March 2020. The 2021 […]

screen-reader-text
Statements

45th Anniversary of the U.S. Helsinki Commission

Jun 21, 2021

I take this time as the Chair of the Commission on Security and Cooperation in Europe, better known as the Helsinki Commission, as we celebrate our 45th anniversary. The Helsinki Commission is the vehicle for U.S. participation in the Organization for Security and Co-operation in Europe (OSCE), representing 57 states that have come together under […]

screen-reader-text