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Remarks by
United States Senator Richard Lugar
On the Ukrainian Presidential Elections
Kiev, Ukraine
November 22, 2004

On Monday, November 22, 2004, Senator Richard Lugar, Chairman of the U.S. Senate Foreign Relations Committee, addressed domestic and international press at the Public Affairs Section of the U.S. Embassy in Kiev, Ukraine. Senator Lugar was in Kiev as the personal representative of President Bush to observe the second round of the Ukrainian presidential election. Senator Lugar opened the press conference with a prepared statement, and then responded to questions from journalists.

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I have been honored to serve as President George Bush's representative during the November 21st run-off election in Ukraine.

As I approached that responsibility, I noted that the campaign 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 pervasive.

I have come not as an advocate of either candidate in the November 21 election but to stress free and fair election procedures that would strengthen worldwide respect for the legitimacy of the winning candidate.

OSCE/ODIHR and other observers mention an extensive list of serious procedural violations including:

· Illegal expulsions of opposition members of election commissions;
· Inaccurate voter lists;
· Evidence of students, government employees and private sector workers being forced by their deans and supervisors to vote for one candidate over another;
· Busloads of people voting more than once with absentee ballots;
· Representatives of the media being beaten and their equipment stolen or destroyed; and
· Suspiciously large use of mobile voting.

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 people pushed back by continuing to do their best to keep the election on track and to prevent chaos.

President Leonid Kuchma in his Saturday night address to the people said: "There will be no revolutions. We shall have elections. Elections worthy of a 21st century European country."

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, Prime Minister Yanukovich and Speaker Lytvyn with explicit requests for them to terminate any further campaign violations. Despite the already recorded long list of egregious assaults on democracy in Ukraine, I said both publicly and privately that I had come to celebrate the building of strong democratic institutions in Ukraine.

It is now apparent that a concerted and forceful program of election day fraud and abuse was enacted with either the leadership or cooperation of governmental authorities.

I believe that President Kuchma has the responsibility and the opportunity for producing even at this point an outcome, which is fair and responsible. He will 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 this country.

QUESTION: Senator Lugar, have you spoken with President Bush about this, and if so, what has been his reaction?

SENATOR LUGAR: I have not spoken with the President.

QUESTION: If the apparent result of a Yanukovych victory stands, should the U.S. review its relations with Ukraine, as was stated in the letter, and what steps might that involve?

SENATOR LUGAR: I come as a representative of President Bush, who in his letter to President Kuchma, that I quoted in the statement, indicated that there might be a review of the relationship. That review is up to the President of the United States. I come just as his representative to observe this election.

QUESTION: Based on the results we have at hand now, will the international community recognize them, and what will the United States do if President Putin expresses consent/accepts the officially announced results?

SENATOR LUGAR: I've indicated in my judgment that President Kuchma, even at this late stage, has both the responsibility, and an opportunity, to review all of this and to take decisive action in the best interests of this country, of Ukraine. I underline that again. This is a presidential responsibility. Let me simply make clear that a good number of critics of the first round of voting outlined violations. I've indicated in the second round, there were obviously violations despite the statement of our President, or the letter to President Kuchma, even on the day of the election - yesterday, November 21. This is the third chance. There still is an opportunity for the president of this country to take hold of this situation. In terms of the future of Ukraine it is serious that the brave people who have witnessed for democracy, have at least a sense of victory.

QUESTION: Senator, when are you planning to report to President Bush about your observations, and is the United States prepared to immediately take some action in the view of the situation that people here are in the streets?

SENATOR LUGAR: I'll report to President Bush at his convenience when I return to Washington. He will have to make the judgment as to the nature of the review, and any action that he might choose to take.

QUESTION: Have you today spoken to Mr. Kuchma or Mr. Yanukovych or Mr. Medvedchuk, and what did you say and what was their response?

SENATOR LUGAR: I've not spoken to any of those individuals.

QUESTION: Senator, President Kuchma has not taken any actions in the past year to guarantee a free election here, so there's no indication that he's going to take any today or this week. After the Belarus election, I think the Congress passed the Belarus Democracy Act, and I was asking if your committee would then be considering a similar piece of legislation, maybe even stronger, for this type of a situation here in Ukraine, if things continue as they look now?

SENATOR LUGAR: In this case, President Bush has taken a personal interest in the election in Ukraine. His leadership with regard to review will be important. I look forward to working with him, and I'm sure that will be true of other members of our committee.

QUESTION: You saw the physical state of Viktor Yushchenko. Are you prepared to invite him in the nearest future to the United States to help him restore his health, and also maybe his family?

SENATOR LUGAR: I appreciate your comment, sir. I'm very hopeful that you will be able to help him, provide Yushchenko's health to him.

QUESTION: Can you tell us how President Kuchma received you when you went to speak to him with the letter, and how he responded to the allegations of electoral malpractice that you've conveyed?

SENATOR LUGAR: He responded to my coming very graciously. The pictures, which some of you have run in your papers show both of us smiling, grasping each other by the hand, and that was a sincere greeting. We have had several meetings during his tenure, beginning with his campaign, the first time, when he came to my office with television photographers, and utilized, in fact, the appearance as a part of his campaign in Ukraine. Therefore, our conversation was cordial. I raised issues of fraud and abuse as I've discussed them today, and specifically asked him for comments on the absentee ballot legislation that the Rada had considered that very week. Even in the face of the types of misuse of the absentee ballot that I mentioned to President Kuchma, his own decision was that, on balance, the right of citizens to use absentee ballots outweighed those considerations I had raised, and therefore he would not sign the legislation. He made no comment specifically about the letter from President Bush. I think he read only parts of it during our meaning, perhaps studied it more carefully after I left.

QUESTION: Is it your view that if the vote had been free and fair, that Yushchenko would today be the president-elect in Ukraine?

SENATOR LUGAR: I've not made a judgment on that. I'm intrigued, as all of you are, by the latest exit polls, parallel voting results, in addition to the official count. Last night, I was privileged to visit at the Central Election Commission from 11:00 to 11:30 with officials to gain insights into the election as they saw it and the work they were doing.

QUESTION: Russian observers yesterday indicated that although they're aware of violations, in their opinion, they are not crucial and have not affected the result of the election. In your view, were the violations serious enough to affect the elections?

SENATOR LUGAR: I've stated for the record the violations that I felt were significant, furthermore that they were significant at least on the occasion of the first voting, and significant on the occasion of the second voting, and even after the visit that I had with President Kuchma, apparently things continued on the day of voting. I believe those were significant violations.

QUESTION: But my question was whether the violations rule these elections illegitimate?

SENATOR LUGAR: Well, in my judgment, the issue is still up to the president. The election results, the official count, have not been declared final. As I raised, and I'm sure others have raised with the chairman of the commission, specific violations, such as poll watchers being dismissed - by the hundreds, in one case; of specific cases of polls that did not open, so that voters were denied the ability to vote; specific problems in terms of absentee balloting; and an extraordinary increase, yesterday, of mobile voting; in some voting situations, where less than one percent of the people required assistance in the first election, apparently as many as fifteen percent required assistance yesterday; the specific cases of deans asking their students to see their ballot to make sure how they voted. These things, to me, are issues that deserve examination by the CEC, and finally, by the president of this country, by the authorities of this country. So I've been told, by the election commission, that they will examine these situations, that they will take seriously these situations.

QUESTION: Senator, in your opinion, what particular steps should the president take to rectify the situation? And, in addition to that, have you taken any interest in violations committed by the opposition?

SENATOR LUGAR: Of course I've taken interest in allegations of violations by the opposition. I've tried from the outset not to be an advocate for either candidate, or to take a position that's exempted anyone from the same scrutiny by the authorities, whether it be the president of the country or the Central Election Commission. As far as advice to the president, I've detailed a number of violations and classes of violations. Other observer reports have been much more explicit and more extensive. The president has a rich agenda to take a look into, and I will not suggest what he starts with, but he certainly has chapter and verse of an extraordinary number of things to take a look at.

QUESTION: The opposition figures have called for a general strike, public encampment, and demonstrations, so a potentially volatile day and situation may be going forward. What would you say to the opposition figures and the people who follow them?

SENATOR LUGAR: I would hope, obviously, that there would not be violence, that we continue to think about this election in a very, very thoughtful, systematic way, that reforms that might occur, occur with an examination by the president and the Central Election Commission authorities, but likewise by the leadership of both parties.

QUESTION: Senator, do you not think that - I understand that you're trying to be quite diplomatic here, but I think that there aren't many people in this room that feel that these elections weren't really hijacked. Is there not a danger that if the West does not come out with a collective, cohesive statement that it will just be too late? And if we're going to talk about democracy and democratic reform and all of it, that the West will have missed the ball on this one?

SENATOR LUGAR: As a representative of President Bush, I recognize clearly that Ukraine is a sovereign country. It has its laws, and institutions, which I respect. I appreciate the fact that the president of the country, the prime minister, the speaker of the Rada, and a host of other officials were prepared to greet me and did so readily, and were delighted that I had come to this country as a representative of President Bush. Clearly, in the statement I've made today, as a friend of Ukraine, I've suggested that the leadership of the country, some of the individuals with whom I've met, including the president of the country, have an opportunity to take responsibility, which I believe they should - on behalf of Ukraine, on behalf of the reputation of the country, the legitimacy of the presidency of the country, the forward progress of democracy in the country. As I've admitted, I was impressed and inspired by the passion of so many persons who were prepared to fight intimidation, were prepared to fight all the difficulties laid before them in trying to bring about a successful free and fair election. And I believe that, in due course, they will succeed. My hope, in making this statement, is that the due course occurs in the next few days, that there is a possibility for leadership that makes that possible, and that should be exercised now, not in the hereafter. Thank you very much.

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