European Parliament resolution on Ukraine

December 2, 2004.

    The European Parliament,
    having regard to its previous resolutions on Ukraine
    having regard, in particular, to its resolution on Ukraine adopted on 28 October 2004,
    having regard to the Partnership and Cooperation Agreement (PCA) between the European Union and Ukraine[1], which entered into force on 1 March 1998,
    having regard to European Council Common Strategy 1999/877/CFSP on Ukraine[2], adopted by the European Council in Helsinki on 11 December 1999,
    having regard to the Final Statement and Recommendations of the EU-Ukraine Parliamentary Cooperation Committee of 16-17 February 2004,
    having regard to the Communication from the Commission of 11 May 2004 on the European Neighbourhood Policy - COM(2004) 373 final,
    having regard to the Joint Statement of the Ukraine-European Union Summit of 8 July 2004 in The Hague,
    having regard to the statements and the preliminary findings and conclusions of the international election observer mission in Ukraine on both rounds of the Presidential election,
    having regard to the declaration by the Dutch Presidency on the second round of the Presidential election in Ukraine,
    having regard to the address by the High Representative of the European Union Javier Solana before the Committee on Foreign Affairs of the European Parliament on Ukraine,
    having regard to the announcement on the final results of the Presidential election in Ukraine by the Central Electoral Committee,
    having regard to the procedure before the Supreme Court of Ukraine on the validity of the second round of the Presidential elections,
    having regard to the resolution adopted by the Ukraine Parliament in its special Session of 27 November 2004 on the second round of the Presidential elections and the following political crisis,
    having regard to Rule 103(2) of its Rules of Procedure,
    A. whereas the European Neighbourhood policy recognises Ukraine's European aspirations and the importance of Ukraine as a country with deep historical, cultural and economic links to the Member States of the EU, and whereas a genuine and balanced partnership can only be developed on the basis of shared common values with regard, in particular, to democracy, the rule of law and respect for human and civil rights,
    
    B. whereas the Ukrainian society proved its political maturity and adherence to common European
    values;
    
    C. whereas the conditions under which the Presidential elections in Ukraine were taking place were
    considered beforehand as a serious test for the state of democracy in Ukraine and for the
    authorities' adherence to these shared common values,
    
    D. whereas international observers have concluded that the second round of the presidential elections
    in Ukraine was marked by a multitude of serious irregularities and has fallen far short of
    international standards for democratic elections,
    
    E. whereas serious allegations have been made that massive fraud has taken place in the counting of
    the votes in favour of the incumbent Prime Minister Viktor Yanukovich and many indicators point
    to a confirmation of these allegations,
    
    F. whereas the Central Electoral Committee has refused to take up these allegations of fraud and has
    declared Mr. Yanukovich as the winner of these elections,
    
    G. whereas the Ukrainian Supreme Court suspended the publication of the decision taken by the
    Central Electoral Committee and at this moment is investigating the validity of the Presidential
    elections,
    
    H. whereas the Parliament of Ukraine, many representatives of governments and international organisations - including the EU Presidency and the government of the United States - and many leading national and international politicians, have asked for annulling the result of the second round of the elections and for a new round of voting to take place on actual notice,
    
    I. whereas the Russian Federation and in particular its President have made great efforts to influence
    the result of the Presidential elections in Ukraine and to secure the victory of one candidate, Mr.
    Yanukovitch,
    
    J. whereas hundreds of thousands of Ukrainian citizens have gone to the streets for more than a week
    in a massive protest against the manipulation of the elections,
    
    K. whereas the situation concerning these elections has led to a serious political crisis in Ukraine and
    even to threats to break up the unity of the country,
    
    L. whereas the European Union and its Member States have acted promptly by sending mediators
    which prevented the crisis from deepening by bringing the two candidates to the table to
    negotiate and defuse tensions,
    
    M. whereas announcements were made on 29 November by President Leonid Kuchma that he
    would support a new election,
    1. Expresses its solidarity with the Ukrainian people, whose right to freely elect its president has to be recognized and implemented and not to be repressed,
    2. Strongly rejects the conditions under which the second round of the Presidential elections in Ukraine have taken place, both as regards the final stage of the preelectoral campaign as well as the irregularities and the apparent fraud during the counting of the votes,
    3. Rejects the decision by the Central Electoral Committee under the chairmanship of Serhiy Kivalov to declare Mr. Yanukovich as the winner of the Presidential elections without having thoroughly and fully considered the validity of the elections and the electoral process and therefore with apparent disregard to the wish of the people of Ukraine,
    4. Calls on the Ukrainian authorities to annul the second round of the Presidential elections and re-organise this second round before the end of this year with the participation of international observers, whilst guaranteeing an open and transparent electoral process according to international democratic standards both during the pre-electoral campaign as well as during the actual voting
    4. and counting of the votes and thouroughly improving the conditions of the election campaign,
    5. Gives its full support to the efforts of EU High Representative, the Lithuanian and Polish Presidents as well as the speaker of the Russian State Duma to come to a peaceful and political solution to the crisis in Ukraine and calls to all those concerned in the Ukraine to co-operate in finding such a political solution,
    6. Calls, in this respect, on the Council and the Commission to make clear to the Ukrainian government that in no way the use of violence against the peaceful and democratic protests could be tolerated and that if such is the case the Partnership and Cooperation Agreement will immediately be suspended and sanctions applied;
    7. Calls on all protestors to allow for a normal functioning of the Ukraine State organs and to refrain from barricading the main buildings of these organs of the state,
    8. Juge inacceptable toutes menaces sйparatistes et de partition de l'Ukraine, et exprime son attachement а l'intйgritй territoriale de l'Ukraine,
    9. Rejects allegations, especially by the Russian President, that the European Union and the international community by expressing its support for the Ukrainian people's right to exercise their democratic rights would encourage violence; underlining at the same time that Russia carries a great responsibility for the situation in Ukraine;
    10. Believes that relations with Ukraine depend on a democratic resolution and pledges its continuing support, assistance and duty to the Ukrainian people's establishment of a free and open democratic system, their creation of a prosperous market economy and their country's assumption of its rightful place in the Euro-Atlantic community of democratic nations;
    11. Calls upon the Commission, the Council and the Members States in case of a satisfactory outcome of the present situation to speed up the ratification of the Action Plan for Ukraine, to engage in the rapid implementation of this plan and to include new measures aiming at strengthening the role of civil society.
    12. Instructs its President to forward this resolution to the Commission, the Council, the Parliament and the Government of Ukraine, the Parliamentary Assemblies of NATO and OSCE, the Council of Europe, as well as the government and Parliament of the Russian Federation.