"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"
"THE ACTION UKRAINE REPORT" Year 04, Number 254 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, THURSDAY, December 9, 2004
NOTE: Do not miss out on the news from Ukraine this month!
Please send this Report to anyone you think would like to receive this publication. Please tell them the distribution list is open and free and they can sign up today. Thanks.
-----INDEX OF ARTICLES-----
"Major International News Headlines and Articles"
1.UKRAINE'S SUPREME COURT DECISION: A "LEAP FORWARD"
ANALYSIS: by Bohdan A. Futey
The Ukrainian Weekly, Ukrainian National Association Parsippany, New Jersey, Sunday, December 12, 2004
2. "THE STAKES IN UKRAINE"
Statement of the Honorable U.S. Congressman Henry Hyde Committee on International Relations U.S. House of Representatives Washington, D.C., Tuesday, December 7, 2004
3. U.S. SENATOR DEBBIE STABENOW FROM MICHIGAN
WELCOMES THE UKRAINIAN SUPREME COURT'S DECISION
TO INVALIDATE PRESIDENTIAL ELECTION RESULTS Office of U.S. Senator Debbie Stabenow United States Senate, Washington, D.C.
Tuesday, December 7, 2004
4. UACC CONGRATULATES THE PEOPLE OF UKRAINE
Statement by the Executive Committee
Ukrainian American Coordinating Council (UACC) Washington, D.C., Wednesday, December 8, 2004
5. UKRAINE: U.S. STATE DEPARTMENT DAILY PRESS BRIEFING By Adam Ereli, Deputy Spokesman U.S. State Department, Washington, D.C., Wed, Dec 8, 2004
6. CONGRESS ASKED TO FUND MONITORS FOR UKRAINE'S
REPEAT SECOND ROUND PRESIDENTIAL ELECTION By David R. Sands, The Washington Times Washington, D.C., Wed, December 8, 2004
7. AN EVENING WITH DISTINGUISHED UKRAINIAN COMPOSER
BOHDANA FILTS, TODAY, THURSDAY, DECEMBER 9 Embassy of Ukraine Washington DC, Thursday, December 9, 2004 ========================================================
ACTION UKRAINE REPORT-04, No. 254: ARTICLE NUMBER ONE ========================================================
1. UKRAINE'S SUPREME COURT DECISION: A "LEAP FORWARD"
ANALYSIS: by Bohdan A. Futey
The Ukrainian Weekly, Ukrainian National Association Parsippany, New Jersey, Sunday, December 12, 2004
In the months leading up to the Ukrainian Presidential election, grave concerns were expressed regarding whether Ukraine would move forward as a democratic nation supporting a civil society which protects individuals rights under the Rule of Law, or would take a "step backwards"
as the Venice Commission had noted. Problems began to surface when the Verkhovna Rada (Parliament), on the eve of the Presidential election, attempted to initiate political/constitutional reform.
The draft laws would have allowed the Parliament to elect the President and would have shifted a significant portion of the President's power to the Prime Minister. Prior to voting on the measures, Parliament was required to obtain an opinion from the Constitutional Court of Ukraine certifying the draft laws' conformity with the Constitution.
The judiciary, however, did not command respect from either the citizens of Ukraine or the other branches of government. Surveys conducted in 2002 showed a deterioration of public confidence in the judiciary. It was unclear whether the judiciary, as the third branch of government, could issue an independent and objective opinion. The Constitutional Court compounded this problem when it issued two vastly criticized opinions upholding the constitutionality of Parliament's election of the President and allowing President Kuchma to seek a third-term in office. The Constitutional Court's actions resonated throughout and the negative public opinions which accompanied those actions were imputed to the judicial branch as a whole.
The public's skepticism was shared by the international legal community who doubted whether the judiciary was capable of efficiently and impartially resolving the inevitable Presidential election disputes.
The shortcomings of adjudicating election disputes following the 1998 and
2002 Parliamentary elections were not corrected. Important issues concerning jurisdiction and venue remained unresolved. The election of the mayor of Odesa in 1998 and the election of the mayor of Mukachevo in 2003 are two well-known examples of courts in different oblasts (states) invalidating election results outside their geographic territories.
Against this backdrop, supporters of democracy and the Rule of Law had difficulty maintaining a positive outlook as the Presidential election approached. Nevertheless, the October 31 Presidential election and November 21 run-off took place as scheduled. Both rounds, however, were marred with allegations of massive fraud. In particular, international monitoring organizations noted serious deficiencies in the election process and many countries, including the United States, likewise questioned the election results.
In response to these allegations, the Ukrainian people stood up for the right to have their vote counted. The Ukrainian people could not remain silent as certain segments of the political establishment doctored the election results and deprived them of a meaningful election. Over the course of the last two weeks, Ukraine and the world have witnessed the "Orange Revolution." The Ukrainian people are to be applauded for rising to the occasion and exercising their constitutionally protected right of peaceful assembly to demonstrate against the stealing of an election. The people are demanding nothing more than what they are entitled to.
As the voice of the people emboldened a nation, the Parliament took notice and responded to the credible allegations of fraud. Through brave and courageous actions, the Parliament passed a resolution which called the election results into question as not representative of the will of the people. The Parliament also passed a vote of no-confidence in the current government. As representatives of the people, Parliament attempted to ensure that the Presidential election reflected the will of the people.
Despite the allegations of widespread fraud, on November 24, 2004, the Central Election Commission (CEC) nevertheless voted to declare Mr. Yanukovych, the Prime Minister, the winner of the run-off election against Mr. Yushchenko, the opposition candidate. On November 25, 2004, Mr. Yushchenko's representatives immediately filed a complaint with the Supreme Court of Ukraine. The complaint alleged that the final vote tallies in forty territorial districts, twenty percent of all districts, were falsified. The complaint also focused on voter list irregularities, improper use of absentee ballots, certification of precinct voting where the number of votes exceeded the number of registered voters, and multiple voting.
In an initial display of authority, the Supreme Court prevented the CEC from officially certifying the final vote count until the Supreme Court issued a decision addressing Mr. Yushchenko's allegations of fraud.
Over the span of five days, the Supreme Court heard oral arguments in the matter of Yushchenko v. CEC. On December 3, 2004, after deliberating for approximately seven hours, the Supreme Court issued its historic decision.
In one opinion, the Supreme Court unequivocally restored the dignity of the entire judiciary and instilled hope in democracy.
The Supreme Court began by overturning the CEC's November 24, 2004, vote count. The decision to overturn the vote count was based, in part, on the CEC's failure to consider the complaints filed by Mr.
Yushchenko. Further, the Supreme Court concluded that, in accordance with provisions of the "Law on the Election of the President" and the Constitution of Ukraine, the CEC should not be permitted to officially certify the vote because complaints before lower courts were not yet resolved. Therefore, the November 21th run-off election was for all practical purposes "invalid."
The Supreme Court then determined that the appropriate remedy to redress the violations was to order the CEC to conduct a "repeat second round" of voting in every precinct in Ukraine. The Supreme Court also ordered that the additional round of voting would need to take place within three weeks and would be limited to the two candidates who initially advanced to the run-off.
The people of Ukraine, the Parliament, and the Supreme Court have not only spoken, but have acted accordingly. They should be saluted for their democratic actions geared toward preserving the sacred right to vote. The significance of their actions stems from the fact that the right to vote in a democratic society is one of the most precious of all individual rights. The Constitution of Ukraine provides that the President is to be elected "by the will of the people."[1]
The United States Supreme Court has also endorsed this
proposition: "No right is more precious in a free country than that of having a choice in the election of those who make the laws under which as good citizens they must live."[2] Voters' trust and confidence in the election process are of great importance. If citizens cannot be assured fair and honest elections, they will have no faith in other components of the political process. Social stability rests on the individual's confidence in the electoral process to function correctly in every respect.
It is now incumbent upon the Executive Branch to ensure that the final decision of the Supreme Court is enforced. The Executive must heed the Constitution's instruction that '[j]udicial decisions are adopted by the courts in the name of Ukraine and are mandatory for execution throughout the entire territory of Ukraine."[3] Nearly all governments enforce the decisions of their judicial systems. According to Article 11 of the Law on the Judiciary, court decision, entered into force, are binding and must be followed by state organs, local authorities, its officials, associations and other organizations, citizens and legal entities in Ukraine.
The importance of enforcing judicial decisions cannot be overstated; it goes part and parcel with the establishment of a credible, respected and independent judiciary. Further, the establishment of the Rule of Law rests with the development of a system which respects and enforces judicial decisions. There would be disastrous domestic and international consequences if a decision of this magnitude was not enforced.
The three branches of government must act in concert to resolve the Presidential election crisis. While the steps taken to this date are commendable, it is imperative that the December 26, 2004, repeat vote comport with applicable constitutional provisions and international democratic standards. The practical ramifications of a Presidential candidate assuming office through a tainted election, and without the support of "the will of the people," cannot be overlooked. The candidate's tenure as President would be marred by allegations of illegitimacy.
The repercussions flowing from such a usurpation of power would extend beyond Ukraine's borders. The candidate's ability to govern effectively in Ukraine would be severely undermined and the lack of international recognition could lead to isolation or, at a minimum, stifle international relations. Such an undesirable outcome can be avoided by adhering to the constitutional safeguards already in place.
The Rule of Law is secured through independent courts. The Supreme Court, in Yushchenko v. CEC, re-instituted in practice the theory of separation of powers and affirmed the judiciary's independence. The Supreme Court harnessed its strengths and seized upon the judiciary's true potential. The judges fulfilled their constitutional mandate by placing the Rule of Law above any individual or political interests. Simply put, the judges will be afforded respect because they respected themselves. Putting aside the substance of its decision, the example the Supreme Court has set for Ukraine's judiciary will have far reaching implications.
The theory of separation of powers no longer exists as merely a principle; rather, the day has come where the judicial branch is in application a co-equal and independent branch of government. The Supreme Court should be congratulated. It seized upon the unique opportunity in Yushchenko v. CEC to shape the law and the legal system in the same manner that the United States Supreme Court did in Marbury v. Madison two hundred years ago.[4] December 3, 2004, will be remembered as a day on which the Rule of Law and democracy in Ukraine took a "leap forward." -30-
----------------------------------------------------------------------------
Bohdan A. Futey is a Judge on the U.S. Court of Federal Claims in Washington, DC and has been active in various Rule of Law and Democratization Programs in Ukraine since 1991. He served as an advisor to the Working Group on Ukraine's Constitution, adopted June 28, 1996.
Judge Futey served as an official international election observer for the International Republican Institute (IRI) during the first two rounds of the Ukrainian presidential election and will return for the "repeat second round" scheduled for December 26, 2004.
----------------------------------------------------------------------------
FOOTNOTES:
[1] Constitution of Ukraine (Ukr. Const.), Chapter (Chap.) V,
Article (art.) 104, paragraph (para.) 3.
[2] Westberry v. Sanders, 376 U.S. 1, 17 (1964).
[3] Ukr. Const., Chap. VIII, art. 124, para. 5.
[4] See Marbury v. Madison, 5 U.S. (1 Cranch) 137, 2 L. Ed. 60
(1803) (establishing the doctrine of judicial review).
----------------------------------------------------------------------------
The Ukrainian Weekly, Ukrainian National Association, Roma Hadzewycz, Editor-in-chief, 2200 Route 10, P.O. Box 280, Parsippany, N.J.
07054. The Ukrainian Weekly Archive, www.ukrweekly.com.
----------------------------------------------------------------------------
NOTE: Your editor also served an a official international election observer for the International Republican Institute (IRI) during the first two rounds of the Ukrainian presidential election. Judge Bohdan Futey served as co- chairman of the IRI delegation.
========================================================
ACTION UKRAINE REPORT-04, No.254: ARTICLE NUMBER TWO ========================================================
2. "THE STAKES IN UKRAINE"
Statement of the Honorable U.S. Congressman Henry Hyde
Committee on International Relations
U.S. House of Representatives
Washington, D.C., Tuesday, December 7, 2004
Statement of The Honorable Henry Hyde, Chairman Committee on International Relations Committee U.S. House of Representatives Hearing on "Ukraine's Election: Next Steps"
Although far away and unfamiliar to most Americans, Ukraine is presently host to a dramatic struggle between the past and the future, between liberty and oppression. It is a struggle for the future of one of the largest countries in Europe, one which has been reborn after centuries of oppression, including the deliberate engineering by the Soviet regime of an artificial famine in the 1930's that killed more than five million people in an attempt to destroy the Ukrainian nation once and for all.
This contest is being played out in the ongoing election for the next president of Ukraine. But the stakes extend far beyond Ukraine itself and embrace the security of the European continent and, by extension, that of the United States.
Since before recorded history, Europe has suffered repeated invasion from the East. Over the past three centuries, first the Russian, and then the Soviet, empires subjugated much of Europe and posed a waiting, permanent threat to the rest. By 1945, Soviet armies were massed in the heart of the continent, having overrun central and eastern Europe and poised to conquer the rest. It was this overwhelming threat that necessitated the historic guarantee of Europe's security by the United States and brought about the formation of NATO.
With the collapse of the Soviet empire, its menace disappeared as well.
But we have too quickly and mistakenly become used to the idea of permanent peace. There is no guarantee that a similar threat from the still-unsettled East can never be reconstituted - no guarantee, that is, except for an independent Ukraine.
Without Ukraine's 50 million people and extensive resources, and denied access to a strategically-situated territory larger than that of France, no would-be imperial power could easily assemble a threat to Europe. An independent Ukraine allied to the West, then, is the key to security in the East.
Freed from the Soviet empire for only 13 years, and ruled by remnants of that regime, Ukraine is being pulled in opposite directions - toward integration with the West or toward a closer relationship with and increasing dependence on Russia. The former would secure Ukraine's independence; the latter is a road leading perhaps to a progressive loss of autonomy and potential subjugation by some new overlord.
These two positions are given form by the two candidates for president.
As all the world is aware, the election was so compromised by open fraud that Ukraine's population took to the streets, determined to preserve their new-found liberties and prevent the installation of an illegitimate regime.
Given that resistance and near-universal condemnation by the international community, the once all-powerful government has been forced to admit that the election it presided over was fraudulent. A new runoff may soon be scheduled for December 26.
I focus on the need for an independent Ukraine but also stress the importance of democracy. Why is the latter important? Because if Ukraine's independence is to be made secure, it must be fully integrated into, and protected by, the West and its institutions. I do not know what the European Union may do toward this end, but I believe that Ukraine's independence can only be guaranteed by its becoming a full member of NATO. And it can become a member of NATO only if it has become a true democracy.
Full membership may not be possible in the immediate future, but many of its benefits can be harvested by making our commitment clear now.
Given that Russia is usually cited as the principal threat to Ukraine, it may surprise many to hear that among the greatest beneficiaries of a guarantee of Ukraine's independence would be the Russian people.
For centuries, the greatest enemy of those promoting democracy and freedom in Russia has come from its leaders' pursuit of empire, a goal that required autocratic rule and a massive military establishment to accomplish. Without the prospect of dominating Ukraine, the Russian people will at last be liberated from their leaders' vision of an empire in Europe, one that has been instrumental in justifying their long centuries of oppression.
On June 6, 1944, American and Allied forces landed on the beaches of Normandy to begin the liberation of Europe. It did not end in 1945.
We have steadily advanced in that mission for over half a century, first freeing and transforming western Europe and then embracing the countries of central and eastern Europe. With Ukraine's democratization and its integration into NATO, we will have achieved the last great piece remaining in our effort to liberate and secure Europe that began on those beaches so long ago. -30- [Action Ukraine Report Monitoring Service] ========================================================
ACTION UKRAINE REPORT-04, No.254: ARTICLE NUMBER THREE ========================================================
3. U.S. SENATOR DEBBIE STABENOW FROM MICHIGAN
WELCOMES THE UKRAINIAN SUPREME COURT'S DECISION
TO INVALIDATE PRESIDENTIAL ELECTION RESULTS
Office of U.S. Senator Debbie Stabenow
United States Senate, Washington, D.C.
Tuesday, December 7, 2004
WASHINGTON- U.S. Senator Debbie Stabenow (D-MI) issued the following statement today in the wake of a ruling by the Supreme Court of Ukraine invalidating the results of the nation's Nov. 1 election for president and ordering a new runoff election in December:
"I welcome the Ukraine Supreme Court's decision to overturn the disputed November 21 presidential election. Numerous independent observers, including the Chairman of the Senate Foreign Relations Committee [Senator Dick Lugar], concluded that a concerted effort of electoral fraud and abuse had marred the election. The Ukraine Supreme court found 'systemic and massive violations' by election authorities, and accepted the arguments presented to the court that the abuses prevented a free and fair election.
"A fair and legitimate election for Ukraine's highest office is critical to ensure confidence in the Presidency of the Ukraine and Ukraine's democratic system.
"I encourage all parties to accept the Ukraine Supreme Court's findings and work together to ensure a fair election that represents the will of the Ukrainian people." - 30 -
------------------------------------------------------------------------
Contact: Dave Lemmon or Bob Meissner, Office of Senator Stabenow Washington, D.C., 202 224 4822.
------------------------------------------------------------------------
FOOTNOTE: We appreciate Andrey Duzyj, Macomb County Commissioner, District 1, Macomb County, Michigan, for sending us the statement by Michigan Senator Debbie Stabenow.
========================================================
ACTION UKRAINE REPORT-04, No. 254: ARTICLE NUMBER FOUR ========================================================
4. UACC CONGRATULATES THE PEOPLE OF UKRAINE
Statement by the Executive Committee
Ukrainian American Coordinating Council (UACC) Washington, D.C., Wednesday, December 8, 2004
The Ukrainian American Coordinating Council congratulates the people of Ukraine for their commitment to the legal principles they employed to resolve the potentially explosive situation facing them during the last three weeks. We are humbled by the great strength and stamina of the hundreds of thousands of Ukrainian citizens of all ages, religions, regions
and ethnic backgrounds gathered in the Independence Square, who despite the harsh winter conditions, refused to be cheated of their right to fair, democratic elections and who rejected threats to the territorial integrity of Ukraine.
By their example, they created a role model for generations of Ukrainians everywhere, now and in the future. Through their vigorous yet peaceful determination to defend their civil and human rights, and above all the right to live as a free nation, the people of Ukraine have demonstrated that a democratic civil society has been born and is alive and well in Ukraine.
We applaud the Supreme Court of Ukraine for resisting political pressure and exercising their constitutional duty as expected by the people. We likewise commend the Verkhovna Rada and especially Our Ukraine and its supporters for the restraint which allowed them to achieve a compromise that advanced the rule of law. These historic actions demonstrate to the world that the political and legal development in Ukraine is firmly following the legacy of modern Europe nations.
We call upon the Ukrainian authorities and political camps to reaffirm Ukraine's commitment to these principles by holding fair, democratic and transparent elections on December 26, 2004.
For the UACC Executive Committee
Ihor Gawdiak, President
Dr. Roman Baranowskyj, Secretary
----------------------------------------------------------------------------
UACC, 142 Second Avenue, New York, N.Y. 10003
Tel: (212) 595-1765, Fax: (212) 475-6181;
733 15th Street, N.W., Suite 1027, Washington, D.C. 20005-2112
Tel.: (202) 737-6090, Fax: (202) 737-6091
Contact: (410) 884-9025, ukrdc@aol.com
=========================================================
ACTION UKRAINE REPORT-04, No. 254: ARTICLE NUMBER FIVE
Please send in names for the distribution list =========================================================
5. UKRAINE: U.S. STATE DEPARTMENT DAILY PRESS BRIEFING
By Adam Ereli, Deputy Spokesman
U.S. State Department, Washington, D.C., Wed, Dec 8, 2004
UKRAINE EXCERPT, INDEX: UKRAINE
Rada Passage of Laws / Will of Ukrainian People / Law to Reduce Fraud / Shifting of Electoral Law / U.S. Urging to Implement Decisions/ $3 Million in U.S. Assistance to OSCE for Observers Lessons Learned from First Two Rounds / December 26th Elections
TRANSCRIPT: 1:00 p.m. EST
MR. ERELI: Greetings, all. No statements to begin with today, so we'll start with your questions.
Reuters.
QUESTION: On Ukraine, they've reached a comprise deal, but does the compromise -- does it compromise democracy given that the prime minister's role, that the president's role will be sort of reduced in its power?
MR. ERELI: Let's be clear. This is a -- what happened in Ukraine today
was an example of the exercise of democracy. The people's elected
representatives, the Rada, passed a number of laws, which the president, Mr. Kuchma, immediately signed. I think the way the United States views this is a victory for the people of Ukraine. They, through their institutions, according to their laws, helped resolve an electoral crisis and put the country on a path towards responding to the will of the people as it's expressed and freely conducted in what we hope and expect will be freely-conducted elections.
So let's give credit where credit is due: To the people of Ukraine, to their elected representatives for arriving at a compromise and a consensus based on dialogue and based on law. That's an achievement, which I think we should all recognize and praise.
The specifics of the Rada's actions are that: Number one, they revised the electoral law to reduce fraud, and there were a number of measures taken there. Number two; they shift some power from the presidency to the Rada.
And those powers will be shifted according to a timetable included in the law, and third, they approved changes to the new Central Electoral Commission. We believe that these are important steps that move Ukraine toward a resolution of the electoral crisis.
We thank Presidents Kwasniewski and Adamkus, as well as EU Commissioner Javier Solana and other European mediators for their efforts.
And now that Ukraine has taken these steps, we urge all the parties to move quickly to implement today's decision and to ensure that the vote that is scheduled for December 26th be democratic, fair and just, and produces results that accurately reflect the will of the Ukrainian people.
For our part, I'll tell you that in preparation for that vote, we will be spending an additional $3 million to help fund OSCE, U.S. and nongovernmental monitoring and other election-related activities. The
$3 million will support 100 U.S. observers as part of a 960-observer OSCE mission to the Ukraine.
Yes.
QUESTION: Are you concerned at all about outside interference by the Russians to adversely affect the upcoming election?
MR. ERELI: I wouldn't point to any one country or any one group. I think what is important to note is that hopefully, there were a lot of lessons learned from the first two rounds. And I think that's one of the things that informed the Rada's deliberations and helped produce the legislation we're seeing today.
Number two, I would note that there will be intense interest and intense scrutiny on December 26th, on the elections on that date, and that, really, the eyes of the world, both Russia's, as well as everybody else, is going to be on Ukraine and events there. So we, for our part, are going to
-- starting now, work with the Ukrainians to help them put in place the procedures and mechanisms to ensure that what happens on December 26th is a marked improvement from what happened in the earlier rounds.
Yes, ma'am.
QUESTION: Can you be more specific about what the 100 U.S.
observers will do? And also, does the U.S. plan to also send observers to the Palestinian presidential elections?
MR. ERELI: I can't be more specific about what the observers will do.
I mean, I think -- suffice it to say, that they will be part of an OS -- a broader OSCE observer mission, whose objective will be to see that abuses don't take place, and if abuses do take place to have eyes on what happens.
QUESTION: Is this a parliamentarian initiative?
MR. ERELI: I don't know. I'll see if I can get something for you on that.
-----------------------------------------------------------------------
FOOTNOTE: A couple points of clarifications on press briefing above from Orest Deychakiwsky, Staff Advisor of the U.S. Helsinki
Commission:
The number of December 26 runoff observers will be a bit higher than the 100 U.S. OSCE observers indicated in the press briefing, probably closer to 120 out of the nearly 1000 planned OSCE observers. For those of you wondering why U.S. doesn't supply a greater percentage of the OSCE observers, please don't forget that the OSCE consists of 54 other countries). The $3 million does not go just to fund the 100 US OSCE observers.
Other U.S. NGOs -- for example, International Republican Institute (IRI), National Democratic Institute (NDI), U.S.-Ukraine Foundation
(USUF) obtain US funding support. Also, U.S. will fund 100 observers from Central and Eastern European countries as well as 1,000 non-U.S.
NGO observers from the region (ENEMO). In addition, US helps fund nonpartisan Ukrainian domestic observers, the Committee of Voters in Ukraine (CVU).
As to last question in State press briefing, no, it's not a parliamentary initiative, although Parliamentary Assemblies of the OSCE, Council of Europe, EU and NATO will be part of the OSCE led mission. ) =========================================================
ACTION UKRAINE REPORT-04, No. 254: ARTICLE NUMBER SIX
Your financial support is much appreciated =========================================================
6. CONGRESS ASKED TO FUND MONITORS FOR UKRAINE'S
REPEAT SECOND ROUND PRESIDENTIAL ELECTION
By David R. Sands, The Washington Times
Washington, D.C., Wed, December 8, 2004
WASHINGTON - The Bush administration yesterday asked Congress for $3 million to pay for monitors at the Dec. 26 rerun of Ukraine's fraud- ridden presidential vote, as Russia and the United States sparred over the political crisis in Kiev.
The U.S. package would help underwrite observers from the 55-nation Organization for Security and Cooperation in Europe (OSCE), a 100- member team from East and Central European countries and more than 1,000 monitors from nongovernmental organizations.
"We are trying very hard to fund and field as many, if not more, observers for the December 26th round as we had the last time," John Tefft, deputy assistant secretary of state for European and Eurasian affairs, told the House International Relations Committee. Reflecting Ukraine's size and strategic significance, Mr. Tefft said measures to ensure a free and fair vote constituted "one of the largest international observation efforts ever."
Ukraine's Supreme Court voided last month's vote amid charges of massive fraud and vote rigging in favor of pro-Moscow Prime Minister Viktor Yanukovych over opposition leader Viktor Yushchenko, widely seen as more favorable to the West.
Secretary of State Colin L. Powell, addressing a gathering of OSCE ministers in Sofia, Bulgaria, said he "categorically disagreed" with comments by Russian Foreign Minister Sergei Lavrov that U.S. and European criticism of the Ukraine vote amounted to interference in the country's internal politics.
Mr. Lavrov warned the OSCE gathering against what he called "double standards in evaluating electoral processes." "We mustn't allow the OSCE monitoring to be turned into a political instrument," Mr. Lavrov said.
Speaking to reporters later, Mr. Powell rejected charges by Russian President Vladimir Putin that the United States was trying to establish a "sphere of influence" in a country and region long dominated by Moscow.
"You can have friends to the east and to the west, and it is not a matter of a 'sphere of influence,' " Mr. Powell said. "It is a matter of allowing a country to choose how it wishes to be governed and who it wishes to have as its friends."
Mr. Putin openly supported Mr. Yanukovych over Mr. Yushchenko, appearing with the pro-government candidate in the heat of the campaign and quickly congratulating him for the electoral win that later was voided.
Russian objections scuttled an attempt by OSCE ministers to issue a joint statement on the upcoming Ukrainian vote, European diplomats said in Sofia.
In Kiev, Ukrainian lawmakers adjourned for the day without voting on a set of electoral reforms tentatively agreed to by the two camps and blessed by outgoing President Leonid Kuchma, who also is considered partial to Mr.
Yanukovych. The two sides remain at odds over an opposition demand that Mr. Yanukovych step down until the Dec. 26 revote can be held. Mr. Kuchma yesterday hinted he might back away from the compromise package altogether.
"If we are to speak in general terms, no agreement was reached ... and there was simply a statement for the press," Mr. Kuchma said. Representatives of the European Union in Kiev helped broker the deal, which was reached early yesterday morning after marathon talks.
The OSCE, which sent about 600 observers to the widely condemned Nov.
21 vote, plans to send 960 observers for the rerun, Mr. Tefft told lawmakers.
Senate Foreign Relations Committee Chairman Richard G. Lugar, the Indiana Republican who was an observer for the Nov. 21 vote, said at the hearing that stern measures must be taken to avoid abuses in vote counting, absentee balloting, media access and intimidation of poll monitors that undermined the first runoff vote.
Mr. Lugar said the goal should be to have independent observers in each of the 33,000 polling stations across Ukraine later this month. Without such action, "I do not believe that the Ukrainian people will have confidence in the integrity of the election process," he said. -30- =========================================================
ACTION UKRAINE REPORT-04, No. 254: ARTICLE NUMBER SEVEN
Names for the distribution list are always welcome =========================================================
7. AN EVENING WITH DISTINGUISHED UKRAINIAN COMPOSER
BOHDANA FILTS, TODAY, THURSDAY, DECEMBER 9
EMBASSY OF UKRAINE
3350 M Street, NW, Washington DC, 20007
You are cordially invited to attend AN EVENING WITH DISTINGUISHED UKRAINIAN COMPOSER
BOHDANA FILTS
Lyuba Shchybchyk, soprano
Oleksandr Abayev, violin
Maryna Rogozhyna, piano
Thursday, December 9, 2004, at 7:00 PM
Tickets: $20, Donations will be accepted at the door RSVP by December 6, 2004 by telephone (202) 349-2961 or email: Natalia Holub; nholub@ukremb.com
This is Bohdana's first visit to the United States. She returns to Ukraine on December 14th, 2004. Her long and distinguished career in promoting Ukrainian vocal music for children's choirs, choruses, art songs to words of Shevchenko, Franko, Lesia Ukrainka, Lina Kostenko, Oleksander Oles' and others, as well as compositions for piano solo and symphonic works have received wide acceptance and recognition in Ukraine, the countries of the Former Soviet Union and Europe. -30- =========================================================
ARTICLES ARE FOR PERSONAL AND ACADEMIC USE ONLY
Articles are Distributed For Information, Research, Education
Discussion and Personal Purposes Only =========================================================
Ukraine Information Website: http://www.ArtUkraine.com =========================================================
"THE ACTION UKRAINE REPORT"
A Publication Supported Financially By Its Readers
Please add your name to our list of financial contributors!
"THE ACTION UKRAINE REPORT"-04, is an in-depth news and analysis international newsletter, produced by the www.ArtUkraine.com Information Service (ARTUIS) and The Action Ukraine Report Monitoring Service (TAURMS). The report is now distributed to several thousand persons worldwide FREE of charge using the e-mail address:
ArtUkraine.com@starpower.net. This is the 254th Report issued so far this year, out of the more than 275 to be issued in 2004.
"THE ACTION UKRAINE REPORT" is supported through The Action Ukraine Program Fund. Financial support from readers is essential to the future of this Report. You can become a financial sponsor of The Action Ukraine Program Fund. Individuals, corporations, non-profit organizations and other groups can provide support for the expanding Action Ukraine Program by sending in contributions.
Checks should be made out to the Ukrainian Federation of America, (UFA), a private, not-for-profit, voluntary organization. The funds should be designated for the Action Ukraine Program Fund (AUPF), and mailed to Zenia Chernyk, Chairperson, Ukrainian Federation of America (UAF), 930 Henrietta Avenue, Huntingdon Valley, PA 19006-8502.
For individuals a contribution of $45-$100 is suggested. Your contribution to help build The Action Ukraine Program to support Ukraine and her future is very much appreciated. -30- =======================================================
If you would like to read "THE ACTION UKRAINE REPORT"-04 please send your name, country of residence, and e-mail contact information morganw@patriot.net. Additional names are welcome. If you do not wish to read "THE ACTION UKRAINE REPORT"-04, around five times per week, let us know by e-mail to morganw@patriot.net.
=======================================================
"THE ACTION UKRAINE REPORT"-2004 SPONSORS:
"Working to Secure Ukraine's Future"
1. THE ACTION UKRAINE COALITION (AUC): Washington, D.C., http://www.artukraine.com/auc/index.htm; MEMBERS:
A. UKRAINIAN AMERICAN COORDINATING COUNCIL, (UACC), Ihor Gawdiak, President, Washington, D.C., New York, NY
B. UKRAINIAN FEDERATION OF AMERICA (UFA), Zenia Chernyk, Chairperson; Vera M. Andryczyk, President; E.
Morgan Williams, Executive Director, Huntingdon Valley, Pennsylvania.
http://www.artukraine.com/ufa/index.htm
C. U.S.-UKRAINE FOUNDATION (USUF), Nadia Komarnyckyj McConnell, President, Washington, D.C., Kyiv, Ukraine .
2. UKRAINE-U.S. BUSINESS COUNCIL, Kempton Jenkins, President, Washington, D.C.
3. KIEV-ATLANTIC GROUP, David and Tamara Sweere, Daniel Sweere, Kyiv and Myronivka, Ukraine, 380 44 295 7275 in Kyiv.
4. BAHRIANY FOUNDATION, INC. Dr. Anatol Lysyj, Chairman, Minneapolis, Minnesota, USA, 5. ODUM- Association of American Youth of Ukrainian Descent, Minnesota Chapter, Natalia Yarr, Chairperson ========================================================
PUBLISHER AND EDITOR Mr. E. Morgan Williams, Executive Director, Ukrainian Federation of America (UFA); Coordinator, The Action Ukraine Coalition (AUC); Senior Advisor, Government Relations, U.S.-Ukraine Foundation (USUF); Advisor, Ukraine-U.S. Business Council, Washington, D.C.; Publisher and Editor, www.ArtUkraine.com Information Service (ARTUIS), P.O. Box 2607, Washington, D.C. 20013,
Tel: 202 437 4707, E-mail: morganw@patriot.net ========================================================