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Action Ukraine Report

"THE ACTION UKRAINE REPORT"
An International Newsletter
In-Depth Ukrainian News, Analysis, and Commentary

"The Art of Ukrainian History, Culture, Arts, Business, Religion,
Sports, Government, and Politics, in Ukraine and Around the World"

MONITORING COMMITTEE OF THE COUNCIL OF EUROPE
PARLIMENTARY ASSEMBLY (PACE)

"The October 31 presidential elections are an opportunity for Ukraine to
ensure full respect for the principles of pluralist democracy, human rights
and the rule of law. A credible democratic election could give the country a
chance to anchor itself more firmly in the family of European democracies.

....It regrets that its calls seem to have been ignored. The Committee's
co-rapporteurs for Ukraine, Mrs Severinsen and Mrs Wohlwend, have
recently returned from another fact-finding visit to Dnipropetrovsk and
Donetsk and their findings with regard to the current pre-election
environment remain a cause for great concern." [article one]

"THE ACTION UKRAINE REPORT" Year 04, Number 165
The Action Ukraine Coalition (AUC), Washington, D.C.
Ukrainian Federation of America (UFA), Huntingdon Valley, PA
morganw@patriot.net, ArtUkraine.com@starpower.net (ARTUIS)
Washington, D.C.; Kyiv, Ukraine, FRIDAY, September 17, 2004

-----INDEX OF ARTICLES-----
"Major International News Headlines and Articles"

1. PACE MONITORING COMMITTEE: STATEMENT ON THE
FORTHCOMING PRESIDENTIAL ELECTIONS IN UKRAINE
Regrets that its calls for free and fair election seem to have been ignored
The current pre-election environment remains a cause for great concern.
PACE, Strasbourg, France, Thursday, September 16, 2004

2. REPORT OF THE FIRST FORMER MEMBERS OF THE U.S.
CONGRESS PRESIDENTIAL ELECTION OBSERVER DELEGATION
TO UKRAINE JULY 25-31, 2004
REPORT: U.S. Association of Former Members of Congress
With the Support of the U.S.-Ukraine Foundation (USUF)
Washington, D.C., Friday, September 17, 2004

3. U.S. CONGRESSIONAL HEARING EXCERPTS ON UKRAINE
Helsinki Commission hearing on US Policy Towards the OSCE
Testimony: U.S. State Department Assistant Secretaries of State
Beth Jones (Europe and Eurasia)
Mike Kozak (Democracy, Human Rights and Labor)
Helsinki Commission, U.S. Congress, Washington, D.C., Sep 15, 2004

4. U.S. OFFICIAL: THE ELECTION IS DIRTY, BUT THERE IS HOPE
By Peter Byrne, Kyiv Post Staff Writer, Kyiv Post, Kyiv, Sep 16, 2004
=======================================================
ACTION UKRAINE REPORT-04, No.165 ARTICLE NUMBER ONE
=======================================================
1. PACE MONITORING COMMITTEE: STATEMENT ON THE
FORTHCOMING PRESIDENTIAL ELECTIONS IN UKRAINE
Regrets that its calls for free and fair election seem to have been ignored
Says the current pre-election environment remain a cause for great concern.

PACE, Strasbourg, France, Thursday, September 16, 2004

STRASBOURG - The Monitoring Committee of the Council of Europe
Parliamentary Assembly (PACE), meeting in Paris on 15 September 2004,
adopted the following statement:

"The October 31 presidential elections are an opportunity for Ukraine to
ensure full respect for the principles of pluralist democracy, human rights
and the rule of law. A credible democratic election could give the country a
chance to anchor itself more firmly in the family of European democracies.

The Committee recalls that, in January this year, the Assembly asked the
Ukrainian authorities to abstain from unconstitutional acts or actions in
view of the constitutional reform and carry out free and fair presidential
elections in October, or face a challenge to the credentials of the
Ukrainian delegation and, possibly, questioning of the country's status as a
member of the Council of Europe. It also recalls its Statement adopted on 22
June 2004 urging the Ukrainian authorities to conduct the election process
with absolute impartiality and respect for Council of Europe standards and
to allow all candidates to compete on fair and equitable grounds.

It regrets that its calls seem to have been ignored. The Committee's
co-rapporteurs for Ukraine, Mrs Severinsen and Mrs Wohlwend, have
recently returned from another fact-finding visit to Dnipropetrovsk and
Donetsk and their findings with regard to the current pre-election
environment remain a cause for great concern.

URGENT ACTIONS NEEDED
The Committee therefore once again calls on the Ukrainian authorities to:

(1) Urgently amend the Law on Elections of the President of Ukraine in
order to grant domestic non-partisan organisations whose statutory aim
is election observation a right to observe the elections equal to that of
international observers and candidates' representatives;
(2) Ensure that the composition of leadership positions in territorial
election commissions and polling station commissions respect a fair
balance between candidates;
(3) Define in the electoral law the consequences to be drawn from
candidates' withdrawal as regards their representation in election
commissions;
(4) Guarantee timely up-dating of voters' lists all over the country;
(5) Adopt regulations clarifying the rights of Ukrainian voters living
abroad and relevant voting procedures;
(6) Ensure that no candidate is restricted in presenting his/her views and
qualifications to the citizens, including conducting public meetings and
events throughout the country as well as billboard advertising, and that all
candidates enjoy unimpeded access to television, radio, and print media
on a non-discriminatory basis;
(7) Organise impartial debates between the candidates on state television;
(8) Guarantee that there are no harassments of media and journalists, and
in particular that the moratorium on media inspections is maintained by all
controlling bodies during election campaign;
(9) Stop the practice of participation of civil servants in the campaign,
and the use of public resources for the purpose of campaigning;
(10) Provide election commissions with necessary equipment, premises,
training, etc. according to the Law;
(11) Refrain from any interference in the process of election disputes
consideration by courts and provide judges with sufficient training on the
electoral Law.

Convinced that the respect for the above issues is an essential guarantee
for the forthcoming elections to meet democratic standards, the Committee
encourages the Assembly delegation participating at the pre-electoral visit
to Kyiv from 26 to 29 September to raise these points with the relevant
Ukrainian authorities during their visit and to report back to the Bureau of
the Assembly upon progress made in these areas at the opening of the
PACE's October part-session.

NOT ENOUGH ELECTION OBSERVERS
Ukraine is one of the largest countries in Europe: it has about 33, 000
polling stations. It is therefore to be regretted that the issue of the
legal status of domestic non-partisan observers has not been placed on the
agenda of the current session of the Verkhovna Rada. The Committee is
also very concerned by the small number of international observers to be
deployed by various international organisations and foreign states (around
800 for the whole country).

The Committee will be looking closely at the results of an independent
nation-wide exit-poll which in the past, in the Committee's view, had
offered reliable indication of election results.

The Committee wishes to reiterate that the result of the presidential
elections and the findings of the international community as to the way they
have been conducted will be the major test for Ukraine's determination to
really abide by European standards and values." (END)
========================================================
ACTION UKRAINE REPORT-04, No.165: ARTICLE NUMBER TWO
========================================================
2. REPORT OF THE FIRST FORMER MEMBERS OF THE U.S. CONGRESS
PRESIDENTIAL ELECTION OBSERVER DELEGATION TO UKRAINE
JULY 25-31, 2004

REPORT: U.S. Association of Former Members of Congress
With the Support of the U.S.-Ukraine Foundation (USUF)
Washington, D.C., Friday, September 17, 2004

REPORT: Program Overview, July Delegation, Findings, Conclusion, Staff
Field Notes for the Individual Cities Visited by Members of the Delegation

PROGRAM OVERVIEW
The U.S.-Ukraine Foundation (USUF) is a nonprofit, non-governmental
organization established in 1991 to facilitate democratic development,
encourage free market reform, and enhance human rights in Ukraine. Through
a partnership with the U.S. Association of Former Members of Congress
(USAFMC) and with funding from the United States Agency for International
Development (USAID), the U.S.-Ukraine Foundation sent the first of four
delegations of former Members of Congress to Ukraine as official election
observers for the presidential election campaign, officially underway since

July 3, 2004. These former Congressmen were registered by the Central
Election Commission (CEC) of Ukraine and accorded all the rights and
privileges provided to foreign observers by Ukraine's law on presidential
elections.

The Foundation's strategy of sending former Congressmen and former
parliamentarians as international observers will assist Ukraine in reaching
international standards for free and fair elections through adherence to
domestic election laws. First, the interest and care of these respected
international observers in Ukraine's election supports and buoys up the
public to stand for free elections, or at the very least to vote for their
choice - not their boss' or rector's choice - when alone in the ballot box.
In addition, these former Congressmen shine a spotlight on the
irregularities in the election campaign, thereby demonstrating to the
Government of Ukraine the international community's deep concern about
the fairness of these elections, Ukraine's commitment to democracy and
rule of law, and its role in the international community.

According to Ukrainian law, the people of Ukraine are entitled to express
their views on candidates and parties at the ballot box, freely and without
interference from any source. Therefore, this project is focused
exclusively on the fairness of the election process and does not in any way
advocate for any particular candidate or party.

The project draws on the Foundation's strong experience in Ukraine and its
wealth of in-country resources to create a meaningful monitoring agenda for
its observers. In addition, the members of the USAFMC have solid electoral
experience, and many have experience as election observers in various parts
of the world. This combination of a strong program infrastructure and
talented, respected human resources in the former Members renders this
project unique, effective, and what is needed for Ukraine at this time.

The following report was produced by the delegates from the U.S. Association
of Former Members of Congress, with support provided by the U.S.-Ukraine
Foundation.

JULY DELEGATION
The July delegation, of three Democrats and three Republicans, visited
Ukraine from July 25-31, 2004. The delegation was comprised of the
following former Members:

Hon. John Conlan (R-AZ); Hon. Arlen Erdahl (R-MN)
Hon. Jack Hightower (D-TX); Hon. Gregory Laughlin (R-TX)
Hon. Andrew Maguire (D-NJ); Hon. Tom Sawyer (D-OH)

The six former Members divided into three pairs and visited communities in
the Kharkiv, Poltava and Sumy Oblasts, meeting with mayors and local
officials, representatives of political parties, NGOs, and the mass media.
Meetings were public and open to all who wished to attend.

Before traveling to the oblasts, the delegation participated in a series of
meetings in Kyiv with officials from the Organization for Security and
Cooperation in Europe (OSCE): Cordula Wohlmuther, Senior Programme
Officer, Harald Jepsen, Election Expert, T.J. Tappe, Junior Election Expert,
Yaroslav Yurtsaba, Ph.D., Adviser, Small and Medium Business Development,
and Maria Dotsenko, Media Adviser; U.S. Embassy: Ellie Seats, USAID
Democratic Project Officer; Sheila Gwaltney, Deputy Chief of Mission,
Aubrey A. Carlson, Counselor for Political Affairs; Stepan Havrysh,
representing Prime Minister Viktor Yanukovych's campaign; and Oleksandr
Zinchenko, Chairman of Viktor Yushchenko's campaign. Both campaigns
were generous with their time and briefed the delegation on the current
political situation in Ukraine and shared their respective views on the
campaign.

After a day of briefings and meetings in Kyiv, the delegation departed by
air for Kharkiv. Over the following three days, the three two-member teams
traveled to the designated communities to meet with local government
officials, representatives of NGOs, political parties, the media, and
ordinary citizens to get their respective views on the campaign thus far.
The communities visited were: Kupiansk, Merefa and Vovchansk in the Kharkiv
Oblast; Chutove, Dykanka, and Karlivka in the Poltava Oblast; Lebedyn,
Okhtyrka, and Trostianets in the Sumy Oblast. The U.S.-Ukraine Foundation
arranged all meetings, transportation, hotel, meals, translators, and
general logistics.

Both in Kyiv and Kharkiv, the delegation was briefed on the election law as
passed by the Verkhovna Rada and signed by the president. The delegation
had copies of the election law with them and Ukrainian election law experts
were available for consultations at all times.

The delegation also met with the Deputy Governor of the Kharkiv Oblast,
Oleksandr Kryvtsov, to report its findings and to hear his comments and
views on the presidential election. The deputy governor highlighted the
region's economic development, highly educated population, and strong
relationship with the U.S. He also noted that the wisdom of the Ukrainian
citizens will prevent them from returning to authoritarianism and that no
significant changes are envisioned after the elections. The people will vote
for the candidate who has the most attractive program and he does not doubt
the result of the elections. The current governor of the Kharkiv Oblast,
Yevhen Kushnaryov, heads the prime minister's campaign in the Kharkiv
Oblast.

Upon completing the site visits and returning to Kyiv, the delegation met
with Chairman of The Central Election Commission, Serhiy Kivalov, and
officially reported its findings. The chairman was most cordial and very
interested in the opinions of the delegation. He pledged to look into the
questions raised by the delegation. He pointed out that the CEC has
representatives of all parties and takes very seriously any allegation of
wrong doing regarding the electoral process.

At the end of their trip, the delegation took part in a de-briefing with
USAID representatives Karen R. Hilliard, Deputy Director, Allen F. Vargas,
Regional Controller, Ellie Seats, Democratic Project Officer, and Assia
Ivantcheva, Deputy Director, Office of Democracy and Governance.

During all meetings, the delegation stressed that it is approaching its work
from the standpoint of friendship and has no other motive than to see
Ukraine gain wide recognition internationally as a law-based democratic
society.
FINDINGS
Generally, in the communities visited, local officials were very cooperative
and generously shared their time and opinions with the delegation. Local
officials provided space for meetings and assisted in extending invitations
to representatives of political parties, media, and NGOs to meet with the
delegation. The delegation does note, however, that there were occasions
when opposition parties were not informed of the meetings and, thus, were
denied an opportunity to express their views and have their respective cases
heard.

It was reported to the delegation that some local officials blocked efforts
by opposition parties to obtain space for local campaign headquarters. If
true, that constitutes a violation of Ukraine's law on presidential
elections. (All references are made to the Law of Ukraine "On the Election
of the President of Ukraine" as amended and signed into law by the President
of Ukraine on March 18, 2004.)

It was reported that school officials, local government officials, hospital
officials and private employers threatened employees with the loss of jobs
if they did not sign petitions in support of a particular candidate. If
true, this would be a violation of Ukraine's law on presidential elections.

The delegation noted that signs supporting a particular candidate are on
public facilities, such as the airport in Kharkiv. The use of public
property to promote a candidate or party would be in violation of Ukraine's
law on presidential elections.

Generally, it can be stated that mass media in the smaller communities are
not completely free to objectively cover political news; a representative of
a local media outlet stated that items set to appear in the previous week's
edition had been censored by local authorities. In many cases, the media are
owned or partially owned by the local government or by businesses that are
closely associated with local government. Privately owned mass media are
generally not profitable because of the lack of adequate advertising
revenue. Failure to provide equal and impartial coverage in the mass media
for all candidates for president of Ukraine and all parties would be a
violation of Ukraine's law on presidential elections.

It was reported to the delegation that opposition parties are not equally
accorded the use of public facilities for meetings, as mandated by Ukraine's
law on presidential elections.

It was reported that some employees were threatened with the loss of
employment if they did not attend political meetings and rallies for a
particular candidate. If true, this is a violation of Ukraine's law on
presidential elections.

It was reported that supporters of a particular candidate were intimidated
and prevented by local police from traveling to a rally in Kyiv for their
candidate. Reports were also received that planned rallies by particular
candidates were disrupted at the site of the rallies by construction
equipment that appeared for "emergency" work at a public place on a
Sunday, and that on another occasion electricity suddenly failed when
thousands of supporters turned out for a particular candidate.

It was reported that some people were threatened with having their gas cut
unless they supported the preferred candidate. If true, this is a violation
of Ukraine's law on presidential elections.

The delegation noted the appearance of signs on buildings and over highways
in towns and other locations that may or may not constitute a violation of
law, depending upon if the buildings are public or private and, if private,
whether pressure was used by authorities to require the appearance of the
signs. The delegation cannot speak to that, but it does note that the signs
present the appearance, at least, of a "heavy hand" behind the scenes.

It is also noted that in the City Building in Kupiansk, Kharkiv Oblast, the
delegation noticed two young men emerge from one of the offices wearing
tee shirts supporting a particular candidate. If those young men were just
visiting the City Building and didn't work there, that is one thing. If, on
the other hand, they worked there and were openly campaigning for a
particular candidate by wearing the tee shirts, that would constitute a
violation of Ukraine's law on presidential elections.

CONCLUSION
While the delegation cannot investigate the allegations made, it does note
with deep concern the repeated allegations of the systematic use of the
government's administrative resources to bring pressure upon voters to
support the candidate endorsed by government authorities. These reports
are too numerous, consistent, and from too many different locations to be
set aside; in fact they appear to the delegation to constitute a pattern of
officially sanctioned political activity by government employees that is in
violation of Ukraine's law on presidential elections. The delegation is very
concerned about these reports and appeals to the Ukrainian government to
ensure that all local government officials strictly adhere to the law.

If true, these allegations taken in totality point to an organized and
conscious effort on the part of authorities to influence the outcome of
Ukraine's presidential election. This delegation can only refer the
information it has gathered to the proper authorities and ask them to
investigate and ensure that the law is followed throughout the country. But
beyond that, this delegation has an obligation to the people of Ukraine to
make the concerns they have expressed to us known to the Ukrainian and
international media and to international authorities and institutions with a
plea to follow this election closely and help the people protect the
sanctity of the electoral process.

In conversations with participants in the meetings the delegation attended
and in conversations with ordinary Ukrainian citizens, it was appalling to
find that an overwhelming number do not expect the outcome of the election
to be fairly decided -- an expectation that has been further enhanced by the
news that the government has decided to use transparent ballot boxes. Those
that hold this view often reply that the outcome has already been determined
and that the vote count will support that determination. Independent polls
verify that around 70% of the population believes this. That reinforces the
view that every effort must be made by observers to ensure that the vote
count is accurate and fair.

The delegation is unanimous in its praise of the long suffering Ukrainian
people and their desire to live in peace, freedom and prosperity. In every
community the delegation visited they were greeted with hope and
anticipation of a brighter tomorrow. They welcomed contact with the wider
world and were anxious to host foreign visitors to show off their beautiful
country and its great potential. They deserve nothing less than an
opportunity to go to the polls and freely express their views without
threats or intimidation, and to be secure in the knowledge that all their
votes are counted accurately and that the totality of the vote in fact
determines the outcome freely and fairly in accordance with the law of
Ukraine.

ATTACHMENT A-FIELD NOTES FROM ACCOMPANYING STAFF

(1) KUPIANSK, KHARKIV OBLAST (pop. 35,000)
- The delegation stressed the importance of Ukraine's economic
future and the role of free and fair elections in contributing to Ukraine's
economic development.
- The delegation also emphasized the importance of the press in the
electoral process to provide voters with accurate and unbiased information.
- The delegation told the audience that the whole world was
interested in what happened in Ukraine.
- The delegation emphasized that it is a secret ballot and that no
one will know how one voted. The delegation told those present to vote
according to their conscience.
- In response to a question the delegation expressed its concern
about the use of "administrative resources" to influence elections in
Ukraine.
- The meetings were widely covered by the press, including
television and five print media.
- The audience was very interested in how elections are conducted
in the U.S.

(2) MEREFA, KHARKIV OBLAST (pop. 29,200)
As requested by representatives of all invited groups, a joint meeting was
held. Participants included representatives of numerous political parties
(Agrarian Party, Social Democratic Party, Our Ukraine, Social Progressive
Party, People's Democratic Party, Party of Regions, "Apple"), NGOs, and the
media. It was reported that there haven't been any confrontations.
- Supporters of Yushchenko, Yanukovych and the Communist party have
set up stands for campaigning. The other parties have not requested such
premises.
- Representatives from the local administration voiced their concern
that although the law provides for support of polling stations (12 have been
set up in the city), the local budget can not support their operations. As
a result, they have had to approach local businesses for help. The
delegates responded that they would bring this up during their meeting with
the Kharkiv governor.
- No election committees have been formed yet. The voter lists have
been prepared. They are still trying to account for those local residents
who are living abroad.

(3) VOVCHANSK, KHARKIV OBLAST (pop. 23,800)
In spite of a large turnout with a great variety of party members, NGO
officials, and media representatives, meeting attendees did not voice many
concerns regarding the election. This could be attributed to the presence
of local government officials at every meeting. General questions about the
political process in the United States were raised, as well as U.S. foreign
policy towards Iraq.
- One individual expressed concern regarding funding for particular
candidates coming from individuals in the United States.

(4) CHUTOVE, POLTAVA OBLAST (pop. 8,500)
- The mayor expressed his concern about the need for economic
development and foreign investment in the region. Though a member of the
Social Democrats United and a supporter of Yanukovych, he pledged that he
will be fair. The delegation talked with many people who expressed a high
opinion of the mayor and confirmed his fairness.
- The mayor stressed that the law would be followed in his region.
- All political parties were invited to attend a meeting with the
delegation. It appeared that all, except the Communist Party and Socialist
Party, were in attendance, including Our Ukraine.
- The village heads did not hesitate to express their unanimous
support for Yanukovych.
- Most regional and village authorities identified with the Social
Democrat United Party.
- The media did not report interference from the regional
administration. One media representative stated that their radio station
would air any candidate's advertisements if they have the money to pay for
the ads.

(5) DYKANKA, POLTAVA OBLAST (pop. 9,000)
The schedule had been arranged to allow for a number of meetings that day,
some without the presence of local government officials. However, due to
the delegation's late arrival, the meetings were condensed into only one
general meeting attended by the media, NGO representatives and local
government officials. Some did express their concerns during the meeting,
but it seems that many individuals were not as truthful as they could have
been because of the presence of officials in the local government. The
following comments were noted:
- Individuals stated that access to mass media is extremely limited,
and people can only receive information regarding Yanukovych's campaign.
Additionally, it seems that the mass media only covers the candidate that is
favored by the current government, that being Viktor Yanukovych. There is
a huge lack of independent mass media sources.
- Concerns were expressed regarding fair and balanced elections. A
participant in the meeting stressed that Ukraine is far behind in that
respect.
- The delegates were informed that the local law enforcement
officials have a list of those individuals eligible to vote, complete with
names and addresses.
- Candidates of government administration and the current local
administration are taking advantage of administrative resources for the
presidential election. People from the current administration have
collected signatures before the start of the presidential campaign, which is
illegal under Ukraine's law on presidential elections.
- The law against collecting signatures is not enforced, except in
cases when the opposition participates.
- Candidates are also having difficulty in gaining access to public
facilities in Ukraine.

(6) KARLIVKA, POLTAVA OBLAST (pop. 20,500)
An initial meeting was held with representatives from the local
administration, political parties, NGOs and media. Individual meetings were
then held with representatives from each of the groups.
- Although there were representatives from several political parties
(Women's Party, Party of Justice, Social Democratic, and others), when
asked, they all voiced their support for Yanukovych. When asked why there
were no representatives from political parties which supported other
candidates, the reply was that they were invited, but did not show up. They
also noted that in the past year, four roundtables were held, and although
all parties were invited, not all came. The delegates voiced their concern
that such one-sided representation gave the appearance of a lack of
pluralism in the administration. It is suspected that opposition groups
simply were not invited to this meeting.
- When asked if all political parties had access to the media, the
response was positive, as long as funds were available. Media
representatives stated that prices for campaign materials have been
established and that all parties are given equal opportunity for media
coverage.
- A respected journalist and head of an independent media club in the
Poltava Oblast was also invited to these meetings. She made statements
contrary to those given by local representatives of NGO's, political parties
and the media, commenting that freedom of the press is compromised and
there is pressure on those supporting opposition candidates.

(7) LEBEDYN, SUMY OBLAST (pop. 31,500)
Due to the delegation's late arrival, a brief meeting was held with the
mayor and his staff, and a joint meeting was held after lunch with
approximately 25 representatives of political parties, NGOs, and the media.
Representatives from the mayor's office were also in attendance.
- A representative of Our Ukraine presented the delegates with a
letter that was sent to the mayor requesting use of a hall in the medical
training institute for a public educational meeting on election rights. The
mayor's written response stated that the medical building "was not within
the competence of the City Council." The delegation's meeting took place
in the same hall that Our Ukraine had requested to use. The deputy mayor
made a statement that the matter of access to this location for meetings
would be addressed later. When pressed, he took the position that a
regional authority, not the mayor, had control of the space, even though
he was the one who arranged the delegation's meeting.
- A representative of Our Ukraine stated that 48 people were
prevented by the police from going to a July 4 Yushchenko rally in Kyiv.
The police threatened the owners of the automobiles.
- A representative of Our Ukraine stated that lists of participants
in Yushchenko meetings were given to local authorities and that participants
were threatened with loss of jobs and other sanctions.
- The head of the local Yanukovych campaign is an official of the
City Council.
- A representative of Our Ukraine stated that teachers are being
coerced into going door to door to get signatures for candidates. These
people are being told to sign blank signature sheets where the name of the
candidate has not yet been filled in.
- A representative of the Socialist Party agreed with the criticisms
made by the Our Ukraine representative. In addition, she noted that there
is a lack of appropriate accommodations for political meetings.
- The Head of Education Department, who was in the audience, has
a campaign station in his office in violation of the law and is using
teachers
and instructing children to campaign at their homes for Yanukovych.
- The Deputy Regional Administrator also has deployed children for
the campaign through the Pioneers group.
- The House of Culture is not under the mayor's jurisdiction, but
has nevertheless been closed and turned into Yanukovych headquarters.
- Alternative opposition parties are banned from the local press.
- The Communist Party representative agreed that all of these
questions are quite important and that the root of evil is the government's
use of administrative resources for the Yanukovych campaign.
- The Liberal Party Yanukovych representative greeted his American
friends and stated that he is fascinated by American culture and hopes that
the delegates do not get a negative impression of Ukraine. He stated that
his party treats all others with respect and that falsification of the
election is impossible.
- Several additional speeches were made by others to the effect that
those who support Yanukovych use intimidation of supporters of other
political parties.

(8) OKHTYRKA, SUMY OBLAST (pop. 5,200)
The Mayor met privately with the delegation, assured the delegation that she
intends to comply with the new election laws, and noted that government
officials must abstain from the election process. She then introduced the
delegation to a gathering of approximately 80 local officials and staff.
Meetings were held with four representatives of official and private media,
then with approximately 40 representatives of at least 18 political parties
and NGOs. The Mayor did not attend these two meetings. During the final
meeting, which was characterized by open statements and discussion, the
following comments were related to the delegation.
- On 22 July, the regional council passed a resolution in support of
Yanukovych. This is in violation of the election law, as government
officials are required to be impartial in the election process. It was
further stated that the local council was scheduled to meet on August 10
and that pressure would be brought on the local council to duplicate the
resolution passed by the regional council.
- It was suggested that U.S. mass media provide some coverage of
the current situation in Ukraine.
- A local newspaper is issuing propaganda materials in support of
Yanukovych.
- Workers employed in public services are forced to give their
signatures in favor of Yanukovych. This is a blatant violation of Ukraine's
election law that is occurring everywhere, and only by representatives of
Yanukovych's campaign.
- The people do not believe that the elections will be free and
fair. Skepticism was expressed that election observers could change this.
It was stated that the 2002 election observers were removed before the
tabulations were complete and also that, despite obvious gross violations,
observers concluded that everything was fine and left satisfied.
- The delegation was met with applause when it was noted that
certain American politicians who had broken election laws are now serving
jail sentences. (The delegation concluded that those applauding wish for
similar treatment of election law violations in Ukraine.)
- Employers are threatening employees that they may lose their jobs
if they do not vote for the favored candidate. Unemployment is extremely
high in Ukraine.
- Another individual expressed concern that although people vote for
the candidate they prefer and their votes may initially be counted
correctly, the balloting is later compromised by substitution or stuffing of
incorrect ballots -- a statement that drew renewed applause. It was further
stated that habits of Soviet rule are continued by government authorities
who select themselves and alienate citizens who are hoping to achieve
democracy.
- At all public enterprises, people are forced to give their
signatures to vote for Yanukovych. This happened with nurses and doctors,
as well as patients in a local hospital, who were threatened with being
discharged if they failed to comply. Teachers, agricultural workers, even
yard workers are forced to go house to house collecting signatures. In
addition, they are given quotas that they must sign for regarding the number
of Yanukovych signatures that are expected if they wish not to lose vacation
time or lose their jobs.
- The third meeting in Okhtyrka included representatives from a
diverse number of political parties. The meeting was extremely candid, as
representatives supporting different presidential candidates were able to
voice their concerns.

(9) TROSTIANETS, SUMY OBLAST (pop. 25,000)
The delegation met first with the regional administrator and the mayor and
later with three press representatives (two government owned; one private).
In the afternoon, delegates met with representatives of a dozen political
parties (also attended by the mayor) and then with ten NGO representatives.
- The delegation stated that President Kuchma has invited
international observers to Ukraine because he knows that fair elections are
important to Ukraine's economic growth.
- The regional administrator emphasized the importance of foreign
investment to his region. As an example, he cited the Kraft Foods plant
which employs a large work force and utilizes much of the region's
agricultural resources. He also stated that a German company is interested
in a beet root processing plant and a wood processing plant in the region.
- The regional administrator said that he could not guarantee the
total absence of election law violations, but said that he could assure that
the election in this region would be fair.
- The regional administrator said that he is governed by his overall
objective to achieve and secure economic development. Stability is
essential to achieve these goals.
- The mayor asked questions about U.S. election laws, stating that
Ukraine election laws are more strict. For example, can the mayor of
Washington, D.C. make a speech in support of a presidential candidate?
He said that as mayor of Trostianets he is barred by law from giving a
speech in support of a presidential candidate.
- The mayor said that he had received telephone calls from
opposition parties demanding that he hire some of their people in the city.
- The mayor said that he provides all political parties with fair
access to public facilities. The regional administrator stated that when
many parties want to meet at the same place at the same time (as on May
1, for example) it cannot be allowed and the precedent is that the first
request is honored.
- The delegation later learned that the mayor had excluded the Our
Ukraine representative from the political parties meeting. When the
representative asked to meet with the delegation, the delegation agreed and
also issued its own invitation to the representative to attend the political
parties meeting. The representative stated that Our Ukraine could not
obtain access to public facilities and was even blocked by regional
authorities from establishing a party headquarters in town, although the
public regional library had been turned into a Yanukovych headquarters.
He further reported that many public and private employees were being
coerced into signing petitions in support of Yanukovych, or even blank
sheets that later can be given a Yanukovych heading.
- When the regional administrator and mayor learned that the
delegation had met with the Our Ukraine representative they advised the
delegation that for that reason they would decline to join the delegation
for lunch. The mayor then attended the political parties meeting and
frequently interrupted participants who spoke of election law violations.
- At the meeting with political parties, the Socialist Party
representative said that the election is not being conducted honestly. She
also noted that village councils collect signatures for Yanukovych, using
blank sheets if the person favors another candidate.
- The delegation received reports that teachers are distributing
Yanukovych literature to students and asking that they take the literature
to their homes.
- It was stated that the Minister of Transport formed a
pro-Yanukovych political party and is threatening railroad workers with loss
of their jobs if they do not sign petitions and vote for Yanukovych.
- The meeting with NGOs was well attended and was held at the Union
of Entrepreneurs building. The NGO representatives stated that they
generally stay out of politics and are involved in other activities.
- One man asked if administrative resources are not important in
U.S. elections, why was Bush elected even though Gore received more votes?

In a meeting with the press, one press representative frankly told the
delegation that the media must be "sensitive" to the wishes of the regional
authorities when reporting news and explained that financial support from
the regional government is essential to the local press. (END)
---------------------------------------------------------------------------
For further information contact Miriam Bates, USUF, Washington, D.C.,
Tel: 202-347-4264 Fax: 202-347-4267, E-mail: mirian@usukraine.org.
======================================================
ACTION UKRAINE REPORT-04, No.165: ARTICLE NUMBER THREE
=======================================================
3. U.S. CONGRESSIONAL HEARING EXCERPTS ON UKRAINE
Helsinki Commission hearing on US Policy Towards the OSCE

Testimony: U.S. State Department Assistant Secretaries of State
Beth Jones (Europe and Eurasia)
Mike Kozak (Democracy, Human Rights and Labor)
Helsinki Commission, U.S. Congress, Washington, D.C., Sep15, 2004

Secretary Kozak: " ... Ukraine and Belarus have intensified their assault
on the independent media in the run-up to the October elections in those
countries by harassing, intimidating, fighting and at times imprisoning
independent journalists and by closing down independent media outlets."

Question by Rep. Christopher Smith (R-NJ), Helsinki Commission Chairman:

...Yesterday I was part of a forum on the upcoming Ukrainian elections. And
I know a number of people, Richard Armitage and others have made their way
to Ukraine to raise concerns about the lack of free media, that especially
the broadcast media has been very severely censored or biased, I should say.
And, you know, a free and fair election isn't just, as we all know, on the
day of the election. It's everything that leads up to it. And the same goes
for Belarus.

And, Mr. Ambassador, you might want to speak to this as well. Where we've
got the parliamentary elections coming up and Lukashenka looking to extend
his ability to stay in office, become another one of those presidents for
life.

We're trying still to get the Belarus democracy act up on the floor. It has
been blocked. I don't know why. We passed it out of committee several
weeks ago. And that would only be of some minor, certainly of no impact,
on the immediate term. But on the intermediate term, it might, in terms of
empowering civil society and the like.

But my question is if these elections are adjudicated to be unfair and far
less than OSCE standards and international standards, will there be any
penalty.

The concern is that, you know, we issue reports, we make comments. But
at the end of the day, people like Lukashenko just fold their arms and say,
"Go ahead, hit me. You haven't even laid a glove on me."

And I'm concerned, especially again, with Ukraine, a country rich in people
and culture and political and geopolitical importance. This election is
probably in the process of being hijacked. And corruption obviously
remains a very real concern there. So if you could touch on those issues,
I would appreciate it.

Answer by Assistant Secretary Beth Jones:

On the Ukrainian elections, I can only tell you how much -- you know
we've worked very hard to make clear to every possible element of
Ukrainian leadership, Ukrainian civil society, free media, et cetera, that
the future of the Ukraine, the future of Ukraine's integration into trans-
Atlantic and European institutions depends on a free and fair election.
And just as you very rightly said, this is exactly the point that we've been
pressing.

Free and fair elections don't just happen on election day. They happen in
all of the processes related to elections that take place months, if not
years, before. We have been, frankly, working with the Ukrainian government
on Ukrainian elections for three years on the upcoming Ukrainian. And, you
know, to the point that at times they said, "It's too early. It's too
early." I said, "No, it's not." It's not too early to make sure that the
institutions are in place, that it is clear to everybody in the presidential
administration throughout the country that they may not misuse presidential
administration apparatus to promote one candidate over another, that there
must be equal access by the candidates to the media. The exercise of free
media, permission to allow media to operate is an element of assuring a free
and fair election.

Mr. Armitage was there in March pursuing this. I had the opportunity to
address this question with a delegation of senior Ukrainians who came just
this week, the former foreign ministers Zlenko and a member of the
presidential administration, Mr. Fialko to make exactly those points. Most
importantly, virtually every single leader at the NATO Ukraine meeting at
the summit in Istanbul made exactly those same points, exactly those points.

So it's abundantly clear to the Ukrainian leadership what it is that we're
talking about, what it is that's necessary to assure a free and fair
election and how critical this is to Ukraine's stated desires to be further
integrated into Europe and the trans-Atlantic community.

>From Secretary Kozak's written testimony on Ukraine/Belarus:

...The upcoming elections in Belarus and Ukraine are cogent examples of
times when targeted incentives backed by unified political will could make a
difference. Despite varying degrees of repression, democratic candidates are
gaining popular support in both countries.

A voting process that meets OSCE standards could significantly advance
democracy in these two nations. We commend the OSCE's efforts to date
to mount effective observer missions in Belarus and Ukraine and we will
continue to urge participating States to contribute as much as they can to
these efforts. Yet these two participating States clearly need extra
incentives to do the right thing. (END)
----------------------------------------------------------------------------
Link to entire unedited transcript, plus written testimonies of the State
Department, including other references to Ukraine and Belarus:
http://www.csce.gov/briefings.cfm?briefing_id=286
Orest Deychakiwsky, U.S. Helsinki Commission; (a.k.a. Commission
on Security and Cooperation and Europe) www.csce.gov
=======================================================
ACTION UKRAINE REPORT-04, No.165: ARTICLE NUMBER FOUR
=======================================================
4. "U.S. OFFICIAL: THE ELECTION IS DIRTY, BUT THERE IS HOPE"

By Peter Byrne, Kyiv Post Staff Writer, Kyiv Post, Kyiv, Sep 16, 2004

KIEV - The dirty tricks keep on coming in this presidential campaign,
but it's still not too late to hold democratic elections. That was the key
message delivered on Sept. 8 by U.S. Deputy Assistant of State for
European and Eurasian Affairs John Tefft, the latest American official to
visit Kyiv amid opposition claims of flagrant campaign violations,
including media bias in favor of Prime Minister Viktor Yanukovych, one
of the two leading candidates.

"Washington does not believe the election process is doomed," Tefft told
reporters after meeting with President Leonid Kuchma, who has for months
pledged to ensure a level playing field for all his would-be successors.

The Committee of Voters of Ukraine on Sept. 3 described the race as
anything but free and fair in a 20-page brief chronicling poor organization
of the election process, interference in the campaign by state officials and
continued violence against political activists.

The Committee of Voters of Ukraine (CVU) is a national, non-governmental
organization that has been monitoring election campaigns in Ukraine for more
than a decade. Funded by the governments of six western countries, including
the United States, it observes the degree to which election processes
conform to national legislation and international democratic standards.

"Most of Ukraine's 225 territorial election commissions responsible for
administering the vote are controlled by pro-government political forces
that are supporting the campaign of Prime Minister Viktor Yanukovych,"
the CVU reported.

State officials, meanwhile, are meddling in the campaign, according to the
report, which chronicles scores of attacks on pro-Yushchenko supporters,
including last month's bombing of Yushchenko campaign headquarters in
Kirovohrad and attempts by hooligans in Kharkhiv to intimidate Yushchenko
supporters. "A considerable proportion of state officials and institutions
are assisting the Yanukovych campaign and trying to obstruct the activity of
other candidates," the CVU said.

Since the presidential campaign began on July 3, Yushchenko's campaign
headquarters says that its supporters have been systematically harassed by
law-enforcement agencies, a charge rejected by top officials. CVU deputy
director Yevhen Poberezhny told the Post on Sept. 13 that law-enforcement
agencies and the nation's courts are reluctant to respond to complaints or
prevent campaign-related mischief.

Government officials reject the criticism. Cabinet spokesman Oleksandr
Ternavsky told the Post on Sept. 14 that the government, like Kuchma, has
done everything possible to create a level playing field for all
presidential candidates. "We have said this in the past and will keep on
repeating it," he said. Authorities have harassed, closed and filed lawsuits
against numerous electronic and print media this year.

Radio Liberty, an important source of objective information, and other radio
stations such as Radio Kontynent have been either partially or totally taken
off the air.

Print runs have been permanently or temporarily stopped for several
opposition newspapers. Kharkiv oblast authorities on Sept. 11 temporarily
confiscated 42,000 copies of the newspaper Without Censorship.

Volia, the leading cable television operator in Ukraine, has said that it is
experiencing severe pressure from the Prosecutor General's Office. Almost
all cable companies that carry Channel 5, a television channel bankrolled by
businessmen who support Yushchenko's campaign, have received a variety
of threats and tax inspections, and some reportedly had cables
"accidentally" cut.

Journalists, meanwhile, face harassment and censorship daily for their
objective reporting, say internationally-based free speech organizations.
The Office for Security Cooperation in Europe's Office for Democratic
Institutions and Human Rights (ODIHR) on Sept. 6 established an Election
Observation Mission to monitor the election. It will be led by Ambassador
Geert Ahrens and will comprise 12 international experts based currently in
Kyiv, who will be joined by 45 long-term observers based in regional cities
throughout Ukraine.

Shortly before election day, ODIHR will deploy some 600 short-term observers
across Ukraine. On the day after the election, the mission will issue a
statement of preliminary findings and conclusions. A comprehensive final
report will be released approximately six weeks after the completion of the
election process.

A similar OSCE mission in 2000 deemed Ukraine's 1999 presidential election
"free and fair" despite monopolization of media, assassination attempts,
forged newspapers, confiscation of campaign materials and improper
involvement of public officials in campaigning. (END)
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