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2004
URGING THE GOV. OF UKRAINE TO ENSURE A DEMOCRATIC, TRANSPARENT, AND FAIR ELECTION PROCESS FOR THE PRESIDENTIAL ELECTION ON OCTOBER 31, 2004; AND URGING THE GOV. OF THE REPUBLIC OF BELARUS TO ENSURE A DEMOCRATIC, TRANSPARENT, AND FAIR ELECTION PROCESS FOR ITS PARLIAMENTARY ELECTIONS IN THE FALL OF 2004

MARKUP

BEFORE THE

SUBCOMMITTEE ON EUROPE

OF THE

COMMITTEE ON
INTERNATIONAL RELATIONS
HOUSE OF REPRESENTATIVES

ONE HUNDRED EIGHTH CONGRESS

SECOND SESSION

ON
H. Con. Res. 415 and H. Res. 652
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JUNE 17, 2004

Serial No. 108–99

Printed for the use of the Committee on International Relations

Available via the World Wide Web: http://www.house.gov/internationalrelations

COMMITTEE ON INTERNATIONAL RELATIONS

HENRY J. HYDE, Illinois, Chairman

JAMES A. LEACH, Iowa
DOUG BEREUTER, Nebraska
CHRISTOPHER H. SMITH, New Jersey,
  Vice Chairman
DAN BURTON, Indiana
ELTON GALLEGLY, California
ILEANA ROS-LEHTINEN, Florida
CASS BALLENGER, North Carolina
DANA ROHRABACHER, California
EDWARD R. ROYCE, California
PETER T. KING, New York
STEVE CHABOT, Ohio
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AMO HOUGHTON, New York
JOHN M. McHUGH, New York
ROY BLUNT, Missouri
THOMAS G. TANCREDO, Colorado
RON PAUL, Texas
NICK SMITH, Michigan
JOSEPH R. PITTS, Pennsylvania
JEFF FLAKE, Arizona
JO ANN DAVIS, Virginia
MARK GREEN, Wisconsin
JERRY WELLER, Illinois
MIKE PENCE, Indiana
THADDEUS G. McCOTTER, Michigan
KATHERINE HARRIS, Florida

TOM LANTOS, California
HOWARD L. BERMAN, California
GARY L. ACKERMAN, New York
ENI F.H. FALEOMAVAEGA, American Samoa
DONALD M. PAYNE, New Jersey
ROBERT MENENDEZ, New Jersey
SHERROD BROWN, Ohio
BRAD SHERMAN, California
ROBERT WEXLER, Florida
ELIOT L. ENGEL, New York
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WILLIAM D. DELAHUNT, Massachusetts
GREGORY W. MEEKS, New York
BARBARA LEE, California
JOSEPH CROWLEY, New York
JOSEPH M. HOEFFEL, Pennsylvania
EARL BLUMENAUER, Oregon
SHELLEY BERKLEY, Nevada
GRACE F. NAPOLITANO, California
ADAM B. SCHIFF, California
DIANE E. WATSON, California
ADAM SMITH, Washington
BETTY McCOLLUM, Minnesota
BEN CHANDLER, Kentucky

THOMAS E. MOONEY, SR., Staff Director/General Counsel
ROBERT R. KING, Democratic Staff Director

Subcommittee on Europe
DOUG BEREUTER, Nebraska, Chairman

DAN BURTON, Indiana
ELTON GALLEGLY, California
PETER T. KING, New York
JO ANN DAVIS, Virginia
THADDEUS G. McCOTTER, Michigan
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ROY BLUNT, Missouri

ROBERT WEXLER, Florida
ELIOT L. ENGEL, New York
WILLIAM D. DELAHUNT, Massachusetts
BARBARA LEE, California
JOSEPH M. HOEFFEL, Pennsylvania
EARL BLUMENAUER, Oregon

VINCE MORELLI, Subcommittee Staff Director
JONATHAN KATZ, Democratic Professional Staff Member
PATRICK PRISCO, Professional Staff Member
BEVERLY HALLOCK, Staff Associate

C O N T E N T S

MARKUP OF

    H. Con. Res. 415, Urging the Government of Ukraine to ensure a democratic, transparent, and fair election process for the presidential election on October 31, 2004

    H. Res. 652, Urging the Government of the Republic of Belarus to ensure a democratic, transparent, and fair election process for its parliamentary elections in the fall of 2004

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URGING THE GOV. OF UKRAINE TO ENSURE A DEMOCRATIC, TRANSPARENT, AND FAIR ELECTION PROCESS FOR THE PRESIDENTIAL ELECTION ON OCTOBER 31, 2004; AND URGING THE GOV. OF THE REPUBLIC OF BELARUS TO ENSURE A DEMOCRATIC, TRANSPARENT, AND FAIR ELECTION PROCESS FOR ITS PARLIAMENTARY ELECTIONS IN THE FALL OF 2004

THURSDAY, JUNE 17, 2004

House of Representatives,
Subcommittee on Europe,
Committee on International Relations,
Washington, DC.

    The Subcommittee met, pursuant to call, at 10:05 a.m. in Room 2255, Rayburn House Office Building, Hon. Douglas Bereuter [Chairman of the Subcommittee] presiding.

    Mr. BEREUTER. The Europe Subcommittee will come to order. We are lacking a Member of the Minority, but I am going to proceed with the opening statements to expedite the deliberations today so that we can move to a Full Committee hearing at 10:30 a.m.

    I would like to call up first H. Con. Res. 415, Elections in Ukraine. The clerk will read the title.

    Ms. HALLOCK. H. Con. Res. 415, Urging the Government of Ukraine to ensure a democratic, transparent, and fair election process for the presidential election on October 31, 2004.
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    [H. Con. Res. 415 follows:]

      
      
  
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    Mr. BEREUTER. Without objection, the resolution will be considered as read and open for amendment at any point.

    I would like to begin with an opening statement and, of course, hear from Ms. Davis if she has any remarks. Then we will take a pause with respect to this resolution until the Ranking Minority Member or pro tempore arrives.

    I want to first of all applaud Chairman Hyde for introducing this important and timely resolution. It has been delayed, frankly, at my request only until I had an opportunity to visit Ukraine in a recent trip as President of the NATO parliamentary Assembly.

    As the Ukrainians choose a new President this fall, they are going to have a historic opportunity to more fully orient their nation towards the West and to work towards membership in Euro-Atlantic institutions.
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    With its resources and economic potential, Ukraine should pursue a path toward becoming a more stable, independent and democratic nation. Such a path would be seen by many in Europe and North America as an important element in the stability of Europe and the only way to become a future candidate for the European Union.

    Similarly, by committing itself to democratic principles, many feel Ukraine could play a positive role as a neighbor to NATO and eventually a member as well. In fact, they have said we desire to become a member, although certainly that is not an official request at this point.

    The development of Ukrainian democracy has been slow and difficult over the past 13 years. By any measure, however, no issue will be more important to Ukraine's future standing with the West than the strength of its democracy.

    Because of the importance of relations between Ukraine and the West, I and a delegation of other Members of Congress visited Kiev a few weeks ago. In meetings with Ukrainian government and parliamentary officials, the delegation emphasized that the door to the West is open to Ukraine. The next several months will be a crucial test to whether the Ukrainian people and their government are willing to make the effort to walk through that door.

    To that end, the upcoming presidential election in October is of the greatest importance. Based on problems in past elections in Ukraine, concerns have already been raised in the international community about whether this election will be open and fair.

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    I believe it is important that Ukraine's leaders understand that the presidential election will be regraded as a litmus test of Ukraine's commitment to democracy. In our meetings in Kiev, we stressed the importance of a fair and transparent election in the fall. The Ukrainian leadership has committed itself, on paper, to an electoral process which is free and fair and one which respects Ukraine's international obligations.

    We were told by President Kuchma, Prime Minister Yanukovich, Foreign Minister Gryshcenko and Speaker of the Parliament Lytvyn that every effort will be made to meet that commitment for a good election. Of course, we all hope the international community will hold them to their word.

    Finally, H. Con. Res. 415 notes the importance of the presidential elections to the success of Ukraine's transition to democracy. The resolution addresses the report of government harassment of those who support opposition candidates and of threats of violence against opposition leaders and actual violence to their families. It speaks to allegations of harassment of independent media in Ukraine and about allegations of possible outright election fraud.

    A recent mayoral election in Mukacheve last month suggested that some are not prepared to allow the will of the people to prevail as it should in a mature democracy. The resolution stresses how important it will be for President Kuchma and other senior officials to take active steps to ensure that the kind of foul play seen in that election does not become the norm during the presidential election.

    We remain committed to assisting Ukrainian efforts to build a stable, democratic and prosperous Ukraine. We hope that the elections in October will prove that Ukraine too shares these same goals. I, of course, urge the adoption of this resolution.
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    Ms. Davis, do you have any comments you would make?

    [Non-verbal response.]

    Mr. BEREUTER. All right. Thank you.

    I would now ask unanimous consent to pause in our deliberations on H. Con. Res. 415 and to return to it in a few minutes. Is there objection?

    [No response.]

    Mr. BEREUTER. Hearing none, then that will be the order.

    I would like to have the clerk, pursuant to notice, call up Resolution H. Res. 652 for purposes of markup.

    Ms. HALLOCK. H. Res. 652, Urging the Government of the Republic of Belarus to ensure——

    [H. Res. 652 follows:]

      
      
  
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    Mr. BEREUTER. Without objection, the resolution will be considered as read and open for amendment at any point.

    I would now recognize myself for an opening statement again to expedite the activities of the Subcommittee.

    I rise in support of H. Res. 652, of course, regarding the parliamentary elections in Belarus. Thirteen years after the fall of communism, Belarus remains one of the few nations in Europe where the transition to democracy has not taken sufficient root.

    The current political leadership continues to rule in an authoritarian manner, and its government continues to crack down in those individuals and organizations who are trying to help build support for democracy and democratic institutions.

    This fall, Belarus will hold parliamentary elections. H. Res. 652 calls on the government of Belarus to ensure that those elections are democratic, transparent and fair.

    Unlike the situation in Ukraine, the government of Belarus has thus far not given any indication that it is committed to free and fair elections. In fact, according to the United Nations Report on Human Rights, President Lukashenko continues his attacks on democratic institutions.

    The report says that local elections held in 2003 were neither free nor fair. It adds that the judiciary in Belarus is not independent, and the government has restricted freedom of speech, press and association and introduced several new decrees that further restrict these basic rights.
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    At our hearing in March on Belarus, I mentioned that Speaker Dennis Hastert and I met with leaders of the Belarus opposition, collectively known as the Coalition Five-Plus, to discuss the elections and their vision for a democratic future for Belarus. This group of political parties has united in a common platform in an attempt to bring democracy and respectability back to the legislature.

    Unfortunately, members of the opposition political parties and participants in political demonstrations have been subjected to increased harassment, surveillance of government agents, arrests and physical abuse. For all of these reasons, it is important that the United States Government, including this Congress, continues to emphatically express our strong support for free, fair and transparent elections and more definitive progress towards establishing a functioning democracy in Belarus.

    I would also note that in Europe, the situation in Belarus understandably seems to be of equal concern. The OSCE, the OSCE Parliamentary Assembly and the Parliamentary Assembly of the Council of Europe have all expressed their deep concern over Belarus and its forthcoming elections. In fact, I am informed that the Chairman of the Belarus Working Group of the OSCE Parliamentary Assembly, will be in Minsk next week for additional discussions on the elections and will present a resolution of concern on Belarus to the Assembly's next session in Scotland in July.

    H. Res. 652 emphasizes that if Belarus is ever to become more integrated into the western community of nations it must work toward the establishment of a genuinely democratic political system in which the freedom of association and assembly are guaranteed, where political candidates from the opposition will be free from political harassment and intimidation as they campaign for office and in which the media is free to act independently, free from governmental control or intimidation.
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    Finally, we must have a system in which elections and the electoral process are open, transparent and free. The parliamentary elections this fall in Belarus, as in Ukraine, will be a litmus test for President Lukashenko's commitment to democracy and the direction he intends to take Belarus in the future if he continues in office.

    H. Res. 652 rather precisely explains the concerns and recommendations of the United States Congress. This resolution was introduced by Mr. Wexler and myself, and we have additional co-sponsors.

    Ms. Davis, do you have any statement?

    Ms. DAVIS. No.

    Mr. BEREUTER. Thank you very much for your work with the European Parliament.

    I might mention parenthetically that Belarus is an unfortunate example when it comes to the NATO Parliamentary Assembly where I serve because it is the only country that has ever been expelled from associate membership after much effort to see whether or not the Parliament could be moved to a situation where it could legitimately be called a parliamentary assembly.

    We did the ultimate and expelled them from associate membership status hoping that efforts of the international community and the various organizations will bring them back to the point where they can make some progress.
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    We will declare a short recess until a Democratic Member of the Subcommittee—Mr. Wexler hopefully, but any Member—arrives, and then we will take it back up.

    The Subcommittee stands in recess.

    [Recess.]

    Mr. BEREUTER. The Chair will entertain a motion that Resolution 652 be reported favorably to the Full Committee. Would the gentlelady care to make such a motion?

    Ms. LEE. So moved.

    Mr. BEREUTER. Thank you. The question occurs then on the motion to report the resolution H. Res. 652 on democracy in Belarus favorably. All in favor say aye.

    [Chorus of ayes.]

    Mr. BEREUTER. All opposed say no.

    [No response.]

    Mr. BEREUTER. The motion is approved, and the bill is reported favorably. The staff is directed to make any technical and conforming amendments.
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    The Chair now will call up again after a pause Resolution 415. This resolution, of course, is a resolution related to Ukraine introduced by Chairman Hyde, Mr. Smith of New Jersey and Mr. Lantos.

    I would welcome an opening statement from the gentlelady if she has one or an extemporaneous one.

    Ms. LEE. Once again, let me just say I am glad it is a bipartisan resolution. We are moving democracy forward. We are assisting in that process, and I think we are working to really establish a framework with our support for these elections.

    Mr. BEREUTER. Thank you.

    Ms. LEE. Thank you.

    Mr. BEREUTER. Just to update you, we are on the resolution on Ukraine. We would be open for any statement the gentleman would like to make at this point.

    [No response.]

    Mr. BEREUTER. Any statements from the Majority?

    [No response.]

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    Mr. BEREUTER. Thank you then. The Chair would welcome a motion to report favorably H. Con. Res. 415.

    Ms. LEE. So moved.

    Mr. BEREUTER. Thank you very much. Indeed, the motion is to report the resolution H. Con. Res. 415 favorably. All in favor say aye.

    [Chorus of ayes.]

    Mr. BEREUTER. All opposed, no.

    [No response.]

    Mr. BEREUTER. The motion is approved, and the bill is reported favorably. The staff is directed to make any technical and conforming amendments.

    I thank the Members for their participation. I believe we have a Full Committee meeting beginning about now with an early markup before we move to a hearing on Egypt.

    With no further business, the Subcommittee stands adjourned. Thank you.

    [Whereupon, at 10:24 a.m. the Subcommittee was adjourned.]