Senate unanimously passes resolution on November 21 presidential run-off (12/19/04)

Senate unanimously passes resolution on November 21 presidential run-off

Following is the full text of Senate Resolution 487, which was passsed by unanimous consent on December 8. The resolution "Expressing the sense of the Senate regarding the November 21, 2004, presidential run-off election in Ukraine," was introduced by Sen. Gordon Smith (R-Ore.), with the support of Sens. Joseph Biden (D-Del.), Richard Lugar (R-Ind.), Debbie Stabenow (D-Mich.), John McCain (R-Ariz.) and Jon Corzine (D-N.J.).

Whereas on November 21, 2004, Ukraine held a presidential run-off election between former Prime Minister and opposition candidate Viktor Yushchenko and current Prime Minister Viktor Yanukovych;

Whereas the Ukrainian Central Election Commission reported that Mr. Yanukovych won 49.42 percent of the vote and Mr. Yushchenko won 46.7 percent of the vote in the run-off election, despite the fact that several exit polls indicated that Mr. Yushchenko secured significantly more votes than Mr. Yanukovych;

Whereas the International Election Observation Mission from the Organization for Security and Cooperation in Europe (OSCE) determined that the run-off election did not meet international standards for democratic elections, and specifically declared that state resources were abused to support the candidacy of Prime Minister Yanukovych;

Whereas the Committee of Voters of Ukraine, a non-governmental electoral organization in Ukraine, reported on illegal voting by absentee ballot, multiple voting, assaults on electoral observers and journalists and the use of counterfeit ballots;

Whereas such reports of fraud were also echoed by Sen. Richard Lugar of Indiana, chairman of the Committee on Foreign Relations of the Senate, an observer to the run-off election designated by President George W. Bush;

Whereas since November 22, 2004, tens of thousands of people have engaged in peaceful demonstrations in Kiev [sic], Ukraine, to protest the declaration by the Central Election Commission of Mr. Yanukovych as the winner of the run-off election;

Whereas anti-government protests in support of opposition candidate Mr. Yushchenko took place in cities throughout Ukraine, and several city councils adopted resolutions that declared Mr. Yushchenko as the legally elected president;

Whereas on November 23, 2004, opposition candidate Mr. Yushchenko declared victory in the run-off election;

Whereas the United States has called for a complete and immediate investigation into the conduct of the run-off election to examine fully the reports of fraud and corruption;

Whereas the European Union has also stated that authorities in Ukraine must redress election irregularities and that the reported results do not reflect the will of the people of Ukraine;

Whereas the Ukrainian Supreme Court blocked the publication of the official run-off election results stating that Mr. Yanukovych was the winner, thus preventing his inauguration as president of Ukraine until the court examined the reports of voter fraud;

Whereas on November 27, 2004, the Parliament of Ukraine passed a resolution declaring that there were violations of law during the run-off election but on November 30, 2004, with support from pro-government and communist parties, canceled the resolution;

Whereas 15 eastern and southern regions in Ukraine that supported the candidacy of Mr. Yanukovych threatened to split off from the country if an illegitimate president were to come to power;

Whereas on December 1, 2004, the Parliament of Ukraine passed a no confidence motion in the Cabinet of Prime Minister Yanukovych as approximately 100,000 supporters of Mr. Yushchenko demonstrated in front of the Parliament building;

Whereas Mr. Yanukovych and Mr. Yushchenko, along with European mediators and current Ukraine President Leonid Kuchma, began discussions on December 1, 2004, to attempt to work out a resolution to the standoff;

Whereas on December 3, 2004, the Ukrainian Supreme Court ruled that the November 21, 2004, run-off election was invalid and ordered a new vote on December 26, 2004;

Whereas on December 8, 2004, the Parliament of Ukraine passed electoral changes to reform the Central Election Commission and close loopholes for fraud, as well as constitutional changes to reduce the power of the president of Ukraine; and

Whereas the manner in which this crisis is resolved will have significant implications for the perceptions of the democratic institutions of Ukraine by the international community: Now, therefore, be it

Resolved, that the Senate -

(1) condemns the widespread fraud in the November 21, 2004, run-off presidential election in Ukraine; and

(2) supports a peaceful political and legal settlement in Ukraine that is based on the principles of democracy and reflects the will of the people of Ukraine.

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