FOR THE RECORD: Ambassador Herbst on democracy and free elections


Following is the text of remarks by John E. Herbst, United States Ambassador to Ukraine, in Kyiv, at Wisconsin International University in Ukraine, on March 20. (After the speech, the ambassador was awarded an honorary degree from WIUU).


Thank you, Rector [Oleksander] Romanovsky, for your gracious invitation for me to be here today to speak on the topic of "Democracy and Free Elections."

I especially enjoy speaking with students in Ukraine because yours is a generation that has grown up since independence. Your views of the world and of the possibilities the future holds for you are fundamentally different from those of your parents, who were raised and educated under the former Soviet Union. You will have much more control over your own destiny than earlier generations. With this new freedom, however, you will need to take on greater responsibility - not only for your own actions, but also for the actions of your government and leaders.

In the nearly three years that I have had the honor to represent the United States in Ukraine, I have witnessed a profound change in the level of freedom here. From the beginning I realized Ukraine had a well-developed civil society that is perhaps stronger than in any other former Soviet republic.

Well before the events of last year, Ukrainians throughout the country were actively engaged in efforts to strengthen democratic values and institutions. They advocated for their basic human rights and when necessary stood up and demonstrated in defense of freedom of speech, religious tolerance, rule of law, and honest government free of corruption. Statements of public protest on Maidan Nezalezhnosti [Independence Square] are not new to Ukraine.

Yet, something extraordinary happened in November and December of 2004. Hundreds of thousands of people poured into the maidan to demand that the result of the election reflect the will of the Ukrainian people.

Recall for a moment what had been happening at the time. The authorities controlled nearly every major national television station and limited the access to TV of opposition candidates. They gave the world a shameful new word - "temnyky" - directions from the authorities to journalists on what should be covered and what should be suppressed. News organizations and journalists who ignored these directives were subject to pressure from unwarranted tax and health code inspections, suspension of licenses, libel suits, seizure of assets, destruction of property, threats, physical assault and, in some cases, death.

In addition to a controlled and hostile media environment, opposition candidates faced challenges such as cancelled meeting halls, power outages during campaign rallies, roadblocks, cancelled flights, ransacked offices and even poisoning.

The first two rounds of voting in October and November 2004 were marred by ballot stuffing and ballot stealing by elections officials. Police disappeared from polling stations minutes before gangs of thugs showed up to disrupt the counting. Groups of voters traveled from polling place to polling place, voting numerous times. Plant workers and students were threatened if they did not vote a certain way.

It is no wonder that the Ukrainian people were so outraged that they poured into the streets - not only in Kyiv - but also in many cities in Ukraine to protest the theft of their vote. What is extraordinary is that they stayed for 17 days in the bitter cold until the Supreme Court acknowledged the widespread fraud and ordered that the runoff vote be repeated, effectively asserting the rule of law over power. This round was finally conducted in a largely free and fair manner according to international standards.

These events changed the underlying dynamic between Ukrainian citizens and their government, creating the possibility for rule of law to put down roots in Ukraine, a pre-requisite for sustainable political and economic reform. It is a tribute to all sides - including then-President [Leonid] Kuchma - that ultimately these events remained peaceful.

I know there are some people inside and outside Ukraine who now wonder if it was all in vain, but, in my opinion, they are the people who do not understand the value of what happened in Ukraine in November-December of 2004. The Orange Revolution - as it is now known around the world - was not so much a victory for a certain political party or coalition, as it was a victory for the Ukrainian people, who took back control of their country. Viktor Yushchenko was elected president, but it was the people of Ukraine and the country's democratic institutions that gained power.

Indeed, the fruits of last year's democratic struggle can be seen most dramatically this week, as Ukraine prepares itself for parliamentary and local elections. Fifteen months to the day after the free and fair third round of the 2004 presidential elections, Ukrainian voters will again go to the polls.

This election campaign is being conducted in a much more open and transparent way than the last one was. If you turn on almost any Ukrainian television channel you will see candidates and campaign advertisements from across the political spectrum. Opposition candidates have been able to organize and campaign without harassment. There is a vibrant political dialogue going on in the country about what direction Ukraine should take, and the news media are largely free to report all positions. Temnyky and pressure on journalists - at least from the national government - has ceased. Even former Kuchma chief of staff [Viktor] Medvedchuk, a figure often linked with repressive measures against the media in the past, has publicly admitted the media are much more free today than when he worked at Bankova [Bankova street - the presidential administration].

That is not to say that all media are independent in Ukraine. Journalists and advocates of media freedom here say self-censorship, or political posturing ordered by media owners still pose an obstacle to free speech. For you, as consumers of news and responsible citizens of a democratic Ukraine, it is important to seek out a range of information sources and take media ownership and political affiliation into account as you evaluate the source's quality and objectivity. Unfortunately, media ownership in Ukraine, especially of the broadcast media, is still shrouded in mystery. This is a shame because the broadcast spectrum is among a nation's most precious resources, and it should be used for the public good, not for private or political gain.

And I would not be truthful if I said all problems in the election process had been eliminated. There are still problems associated with the formation of some election commissions. Voter lists, while improved, remain problematic. The Central Election Commission reports it has removed from voter lists the names of 800,000 people who have died. It is suspected, but not confirmed, that many of these dead souls miraculously managed to vote from the grave in 2004. Removing the dead from the voter rolls is a tremendous step forward, but, until a national voter registry is created, inaccuracies in voter lists will continue to threaten to disenfranchise voters.

For instance, there are credible reports that whole buildings or city blocks of voters do not appear on the lists for Donetsk and Zhytomyr. And there are credible reports about the problem created by the transliteration of voter names from Russian to Ukrainian. It is essential that the authorities do everything possible to address these and all other problems with the voter lists. It is likewise essential that all voting precincts be adequately staffed with commissioners.

There have also been reports of improper use of administrative resources by local officials in some parts of the country. The reports I have heard do not indicate widespread or systematic abuse as we saw in 2004, and complaints emanate from a broad range of political parties. That said, citizens, the media and civil society organizations need to continue to be vigilant and must act to expose undemocratic practices.

Free and fair elections and a transparent process for forming a new government that represents the will of the people are critical to solidifying Ukraine's democratic credentials in the world. Honest elections will not only strengthen Ukraine but also have a positive impact on Ukraine's neighborhood. Free and fair elections are essential if Ukraine wants to further integrate into the Euro-Atlantic community. But honest elections are also in Ukraine's interest even if the Ukrainian people choose to pursue a different strategic path.

As we did during the 2004 elections, the United States is providing non-partisan assistance in support of a democratic process. As part of our overall assistance to Ukraine, the U.S. is providing approximately $13.3 million to support free and fair elections. This is part of a broader United States government democracy assistance effort in Ukraine that is working to promote independent media, local government reform, rule of law, civil society development, and open and transparent political processes.

As in 2004, we advocate for no preferred candidate, party, bloc or outcome. The U.S. government will work with whomever the Ukrainian people choose in a free and transparent, democratic process.

Our election assistance programs are aimed at increasing civic participation in the electoral process by working with media and non-governmental organizations to publicize election issues to ensure people have adequate information to make an informed choice on election day. We are working with elections officials to improve election administration. We are providing non-partisan training for all political parties and candidates who have chosen to participate on message development and constituent outreach.

Again this year we are supporting the work of domestic and international election monitors, who will be scattered around Ukraine to observe the balloting and vote tabulation process. At this point, we can say that the election campaign has been the freest and fairest in independent Ukraine's young history, but we also want to help insure that this is an honest election.

Ukrainian voters must bear and have borne the bulk of the responsibility for holding free and fair elections. We are particularly interested in getting more young voters engaged and involved in the political process in Ukraine. In the United States, university students are very active in political campaigns. Their enthusiasm and vitality are valuable assets to any party, and they often volunteer to work long hours without pay.

As an outside observer and with the election so close it would be inappropriate for me to discuss polling numbers or speculate on who might win. Let me just say that one sign of the strength of Ukrainian democracy is the fact that no one can predict with accuracy who will prevail in the elections or who will become the next prime minister. This decision still rests with the people of Ukraine - where it rightly belongs.

Let me contrast this with some polling data from September of 2004. A Razumkov Center poll published that month reported that a majority of those polled said they expected that fraud would determine the election's winner. According to the poll, the belief that falsification would occur was prevalent in every part of the country. People feared their vote would not matter. There is no such widespread fear this time around. Despite this expectation, people should be vigilant. Honest elections are too precious to be taken for granted.

I mentioned at the beginning of my remarks that you will have to take on greater responsibility in exchange for this freedom. On March 26 you will vote for delegates to the Verkhovna Rada, who under new constitutional provisions will chose a prime minister empowered with more authority than any predecessor. You must take destiny into your own hands by carefully choosing whom you want to lead your country during the coming years.

As responsible citizens and voters, it is incumbent on you to ensure that your name is on the voter list at your polling station. It is incumbent on you to research relevant issues and learn the positions of the various parties on those issues. You must look beyond the party leaders to see who else is on the party lists and assess their qualifications and reasons for running. These people will be making important choices over the next five years that will directly affect you, so your choice on election day must be well-informed.

For our part, we will be happy to work with whatever government you elect.

Ukraine has taken a huge step forward in its democratic development since the events of last year, but democracy is not a one-time event. Democracy is a continuing process that must be protected and nurtured to keep it strong. That is the task your generation has inherited.

Thank you, and I would be happy to answer any questions you might have.


Copyright © The Ukrainian Weekly, March 26, 2006, No. 13, Vol. LXXIV


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