H. Res. 339

In the House of Representatives, U.S.,

March 20, 2002.

Whereas Ukraine stands at a critical point in its development

to a fully democratic society, and the parliamentary elections on March 31, 2002, its third parliamentary elections since becoming independent more than 10 years

ago, will play a significant role in demonstrating whether

Ukraine continues to proceed on the path to democracy

or experiences setbacks in its democratic development;

Whereas the Government of Ukraine can demonstrate its

commitment to democracy by conducting a genuinely free

and fair parliamentary election process, in which all candidates have access to news outlets in the print, radio,

television, and Internet media, and nationally televised

debates are held, thus enabling the various political parties and election blocs to compete on a level playing field

and the voters to acquire objective information about the

candidates;

Whereas a flawed election process, which contravenes commitments of the Organization for Security and Cooperation in Europe (OSCE) on democracy and the conduct of

elections, could potentially slow Ukraine’s efforts to integrate into Western institutions;

Whereas in recent years, incidents of government corruption

and harassment of the media have raised concerns about
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the commitment of the Government of Ukraine to democracy, human rights, and the rule of law;

Whereas Ukraine, since its independence in 1991, has been

one of the largest recipients of United States foreign assistance;

Whereas $154,000,000 in technical assistance to Ukraine was

provided under Public Law 107–115 (the Kenneth M.

Ludden Foreign Operations, Export Financing, and Related Programs Appropriations Act, Fiscal Year 2002), a

$16,000,000 reduction in funding from the previous fiscal year due to concerns about continuing setbacks to

needed reform and the unresolved deaths of prominent

dissidents and journalists, such as the case of Heorhiy

Gongadze;

Whereas Public Law 107–115 requires a report by the Department of State on the progress by the Government of

Ukraine in investigating and bringing to justice individuals responsible for the murders of Ukrainian journalists;

Whereas the Presidential election of 1999, according to the

final report of the Office of Democratic Institutions and

Human Rights (ODIHR) of OSCE on that election,

failed to meet a significant number of OSCE election-related commitments;

Whereas according to the ODIHR report, during the 1999

Presidential election campaign, a heavy proincumbent

bias was prevalent among the state-owned media outlets,

and members of the media viewed as not in support of

the President were subject to harassment by government

authorities, while proincumbent campaigning by state administration and public officials was widespread and systematic;
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Whereas the Law on Elections of People’s Deputies of

Ukraine, signed by President Leonid Kuchma on October

30, 2001, which was cited in a report of the ODIHR

dated November 26, 2001, as making improvements in

Ukraine’s electoral code and providing safeguards to

meet Ukraine’s commitments on democratic elections,

does not include a role for domestic nongovernmental organizations to monitor elections;

Whereas according to international media experts, the Law

on Elections defines the conduct of an election campaign

in an imprecise manner which could lead to arbitrary

sanctions against media operating in Ukraine;

Whereas the Ukrainian Parliament (Verkhovna Rada) on December 13, 2001, rejected a draft Law on Political Advertising and Agitation, which would have limited free

speech in the campaign period by giving too many discretionary powers to government bodies, and posed a serious

threat to the independent media;

Whereas the Department of State has dedicated $4,700,000

in support of monitoring and assistance programs for the

2002 parliamentary elections;

Whereas the process for the 2002 parliamentary elections has

reportedly been affected by violations by many parties

during the period prior to the official start of the election

campaign on January 1, 2002; and

Whereas monthly reports for November and December of

2001 released by the Committee on Voters of Ukraine

(CVU), an indigenous, nonpartisan, nongovernment organization that was established in 1994 to monitor the conduct of national election campaigns and balloting in

Ukraine, cited five major types of violations of political
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rights and freedoms during the precampaign phase of the

parliamentary elections, including—

(1) use of government position to support particular

political groups;

(2) government pressure on the opposition and on

the independent media;

(3) free goods and services given by many political

groups in order to sway voters;

(4) coercion to join political parties and pressure to

contribute to election campaigns; and

(5) distribution of anonymous and compromising information about political opponents: Now, therefore, be it

Resolved, That the House of Representatives—

(1) acknowledges the strong relationship between

the United States and Ukraine since Ukraine’s independence more than 10 years ago, while understanding

that Ukraine can only become a full partner in Western

institutions when it fully embraces democratic principles;

(2) expresses its support for the efforts of the

Ukrainian people to promote democracy, the rule of law,

and respect for human rights in Ukraine;

(3) urges the Government of Ukraine to enforce impartially its newly adopted election law, including provisions calling for—

(A) the transparency of election procedures;

(B) access for international election observers;

(C) multiparty representation on election commissions;
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(D) equal access to the media for all election

participants;

(E) an appeals process for electoral commissions and within the court system; and

(F) administrative penalties for election violations;

(4) urges the Government of Ukraine to meet its

commitments on democratic elections, as delineated in

the 1990 Copenhagen Document of the Organization for

Security and Cooperation in Europe (OSCE), with respect to the campaign period and election day, and to

address issues identified by the Office of Democratic Institutions and Human Rights (ODIHR) of OSCE in its

final report on the 1999 Presidential election, such as

state interference in the campaign and pressure on the

media; and

(5) calls upon the Government of Ukraine to allow

election monitors from the ODIHR, other participating

states of OSCE, and private institutions and organizations, both foreign and domestic, access to all aspects of

the parliamentary election process according to international practices, including—

(A) access to political events attended by the

public during the campaign period;
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(B) access to observe voting and counting procedures at polling stations and electoral commission

meetings on election day, including procedures to

release election results on a district-by-district basis

as they become available; and

(C) access to observe postelection tabulation of

results and processing of election challenges and

complaints.

Attest:

Clerk.