108TH CONGRESS
2D SESSION
H. CON. RES. 415
CONCURRENT RESOLUTION
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);
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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 en-
sure 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, intimi-
dation, or detention hinder the parties, political associa-
tions, and the candidates from presenting their views and
qualifications to the citizenry, including organizing sup-
porters, conducting public meetings and events through-
out the country, and enjoying unimpeded access to tele-
vision, radio, print, and Internet media on a non-dis-
criminatory basis;
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Whereas a genuinely free and fair election requires that citi-
zens 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 intimi-
dation, undue influence, attempts at vote buying, threats
of political retribution, or other forms of coercion by na-
tional or local authorities or others;
Whereas a genuinely free and fair election requires govern-
ment 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 proce-
dures, 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 be-
hest 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 infringe-
ment on the right of the Ukrainian people to independent
information;
Whereas efforts by national and local officials and others act-
ing at their behest to impose obstacles to free assembly,
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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 Ukrain-
ian 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 House of Representatives (the Senate
concurring), That the Congress—
(1) acknowledges and welcomes the strong rela-
tionship formed between the United States and
Ukraine since the restoration of Ukraine’s independ-
ence 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 institu-
tions such as the North Atlantic Treaty Organiza-
tion (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;
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(4) urges the Government of Ukraine to guar-
antee freedom of association and assembly, including
the right of candidates, members of political parties,
and others to freely assemble, to organize and con-
duct 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 Eu-
rope (OSCE) commitments on democratic elections
and to address issues previously identified by the Of-
fice of Democratic Institutions and Human Rights
(ODIHR) of the OSCE in its final reports on the
2002 parliamentary elections and the 1999 presi-
dential elections, such as illegal interference by pub-
lic 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 proce-
dures before, during, and after the 2004 presi-
dential elections;
(B) free access for Ukrainian and inter-
national election observers;
(C) multiparty representation on all elec-
tion commissions;
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(D) unimpeded access by all parties and
candidates to print, radio, television, and Inter-
net media on a non-discriminatory basis;
(E) freedom of candidates, members of op-
position parties, and independent media organi-
zations 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 appli-
cation 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’ representa-
tives, nongovernmental organizations, and other pri-
vate institutions and organizations, both foreign and