Military

Committee on International Relations
U.S. House of Representatives
Washington, D.C. 20515-0128

HOUSE INTERNATIONAL RELATIONS COMMITTEE HEARING
UKRAINE ELECTIONS: FRAUD AND ABUSE RUN RAMPANT
SENATOR RICHARD G. LUGAR
CHAIRMAN, U.S. SENATE COMMITTEE ON FOREIGN RELATIONS
DECEMBER 7, 2004

Thank you, Mr. Chairman.

I had the honor of being President Bush's personal representative for the November 21 presidential runoff election in Ukraine. As I approached this responsibility, I noted publicly that I was not an advocate of either candidate in the election. My focus was to stress free and fair election procedures that would strengthen worldwide respect for the legitimacy of the winning candidate.

The campaign for president in Ukraine had already been marked by widespread political intimidation and failure to give equal coverage to candidates in the media. Physical intimidation of voters and illegal use of governmental administrative and legal authorities had been evident and persistent.

President Bush wrote in a letter which I carried to President Kuchma: "You play a central role in ensuring that Ukraine's election is democratic and free of fraud and manipulation. A tarnished election, however, will lead us to review our relations with Ukraine." In thoughtful and careful representation of President Bush's words, I visited with President Kuchma and both candidates, with explicit requests for them to terminate any further campaign violations. I stated that I had come to celebrate the building of strong democratic institutions in Ukraine.

Unfortunately, a nationwide celebration of democratic election procedures at that point, was not to be. The government of President Kuchma allowed, or aided and abetted, wholesale fraud and abuse that changed the results of the election. It is clear that Prime Minister Yanukovich did not win this election despite erroneous election announcements and calls of congratulations from Moscow.

In 1986, I witnessed a democratic and diplomatic challenge in The Philippines. There too, I served as Co-Chairman, with Congressman Jack Murtha, of an observer group appointed by President Ronald Reagan. The parallels between the Philippine experience of 1986 and Ukraine today are interesting. President Marcos called a snap election and Corazon Aquino, the widow of an assassinated opposition leader, challenged Marcos. While Marcos attempted to steal the election through fraud and abuse, the overwhelming support for Aquino led the government to falsify the vote count. Tens of thousands of Filipinos poured into the streets of Manila in support of Aquino. The international community was shocked by the enormity of the fraud and the popular EDSA revolution. Ultimately, the will of the people brought change and President Marcos' efforts to subvert freedoms failed.

President Bush has expressed his unequivocal support for democracy around the world. He has said: "I simply do not agree with those who either say overtly or believe that certain societies cannot be free. It's just not part of my thinking." I agree with the President.

The United States must be at the forefront of international efforts to secure individual freedom. Democracy must be at the core of our foreign policy. We must be prepared to play an active role in ensuring that democracy and basic freedoms are promoted and preserved around the world.

An election on December 26 that is free and fair will be a tribute to Ukraine's maturing democracy and will place Ukraine on a path to join the community of European democracies. A secure and democratic Ukraine is in the national security interests of the United States, NATO, the European Union, and Russia. A fraudulent and illegal election would leave Ukraine crippled. The new president would lack legitimacy with the Ukrainian people and the international community.

The U.S. Secretary of Defense Don Rumsfeld, the Deputy Secretary of State Rich Armitage, former Secretaries of State Madeleine Albright and Henry Kissinger, and Congressional leaders have visited, written and called Ukrainian leaders to advocate a free and fair election process. Secretary of State Colin Powell's leadership and the outstanding efforts of our Ambassador, John Herbst, have left no doubt of the impact an illegitimate election will have on the future of Ukraine and our relationship.

With the stakes so high, I applaud the thousands of election observers who were sent by the U.S. and European states through organizations such as the National Endowment for Democracy, the Organization for Security and Cooperation in Europe, and the European Network of Election Monitoring Organizations. Most importantly, over 10,000 citizens of Ukraine were organized by the Committee of Voters of Ukraine to carefully observe individual polling stations. These observers outlined an extensive list of serious procedural violations including:

Even in the face of these attempts to end any hope of a free and fair election, I was inspired by the willingness and courage of so many citizens of Ukraine to demonstrate their passion for free expression and the building of a truly democratic Ukraine. As corrupt authorities tried to disrupt, frighten and intimidate citizens, brave Ukrainians pushed back by continuing to do their best to keep the election on track and to prevent chaos.

President Kuchma pledged to Ukraine that there would be "Elections worthy of a 21st century European country." The day after the runoff election, I told the press and the people of Ukraine through a live television broadcast in Kiev that President Kuchma had the responsibility and the opportunity to produce even at that point an outcome that was fair and responsible. I pointed out that he would enhance his legacy by prompt and decisive action which maximizes worldwide confidence in the presidency of Ukraine and the extraordinary potential future which lies ahead of his country. To date, President Kuchma has not met these responsibilities.

This morning we have learned from our embassy in Ukraine that an agreement was reached late last night between European mediators, President Kuchma, and the presidential candidates. Although not as sweeping as earlier reports of a compromise, the agreement reportedly has two elements. The current Central Election Commission will be dismissed and replaced with new members to oversee the December 26^th runoff. Secondly, a new election law has been agreed to by the parties in an effort to eliminate the fraud perpetrated in the previous rounds of voting.

These reports are promising but we will have to await the final outcome of the Rada's deliberations, future rounds of negotiations, and President Kuchma's signature before offering firm conclusions. In the meantime, I offer four recommendations:

Absent vigorous attempts to meet these changes, I do not believe that the Ukrainian people will have confidence in the integrity of the election process. Worse yet, they may be doomed to witness a repeat of the fraud and abuse that were apparent in the previous rounds of voting.

I am pleased to report that the U.S. Department of State has notified Congress of their intent to supplement election monitoring and related assistance to support the December 26 runoff. This is critical and I urge the Department to provide the funds necessary, as quickly as possible, to assist the Ukrainian people in their goal of free and fair elections. Specifically funds will be used to support election observers, exit polling, parallel vote tabulations, training of election commissioners, and voter education programs. I share the Administration's strong objections to separatist initiatives and continue to urge all Ukrainians to resolve the situation through peaceful means. The future of the country rests with Ukrainian voters, but the United States and Europe must continue to support a foundation for democracy, rule of law, and a market economy, which will allow Ukraine to prosper and reach its full potential.

With democratic forces in retreat in neighboring Russia and Belarus, a free and fair election will be a turning point in Ukraine's history that could have widespread constructive effects beyond its borders and the region.

I have strong affection for the people of Ukraine and the bravery and determination they have shown since the fall of the Soviet Union. I have good memories of suggesting an initial pledge of $175 million in Nunn-Lugar assistance to dismantle the Ukrainian nuclear arsenal. I carried the Ukrainian message to Secretary of State James Baker requesting a strong U.S. diplomatic presence when our representation consisted of a small consular office. The Secretary moved quickly to establish an embassy and to send a U.S. Ambassador to Kiev.

The United States has stood by Ukraine through difficult moments before and we must not fail to do so at this critical juncture. My presence in Ukraine during this important time was meant to underscore President Bush's support for the future of Ukraine. Free and fair elections in Ukraine embody our hope and goal of a Europe whole and free.

In closing, Mr. Chairman, I am pleased that Ukraine has dominated newspaper headlines and media broadcasts all over the world for the last sixteen days. In that time, extraordinary events have occurred. A free press has revolted against government intimidation and reasserted itself. An emerging middle class has found its political footing. A new generation has found its hope for the future. A society has rebelled against the illegal activities of its government. It is in our interests to recognize and protect these advances.

Thank you for the opportunity to be here today.