113 SRES 90 RS: Standing with the people of Kenya following their national and local elections on March 4, 2013, and urging a peaceful and credible resolution of electoral disputes in the courts.
U.S. Senate
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EN
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Whereas the Government and people
of the United States stand with the people of Kenya following their national
and local elections on March 4, 2013;
Whereas the Governments of the
United States and Kenya have long shared a strong bilateral partnership, and
Kenya plays a critically important role as a cornerstone of stability in East
Africa and as a valued ally of the United States;
Whereas Kenya’s disputed 2007
presidential election threatened the country’s stability and its democratic
trajectory, triggering an explosion of violence that resulted in the deaths of
some 1,140 civilians and displaced nearly 600,000, some of whom have still not
returned home;
Whereas a mediation effort by
former United Nations Secretary-General Kofi Annan and an African Union Panel
of Eminent African Personalities, supported by the United States, led to the
signing of the National Accord on February 28, 2008, which facilitated a
power-sharing arrangement and led to a series of constitutional, electoral, and
institutional reforms to address underlying causes of the crisis;
Whereas, as part of that reform
process, the citizens of Kenya participated in a national referendum in August
2010, approving a new constitution that mandated significant institutional and
structural changes to the government;
Whereas those constitutional
changes have led to important reforms in the judicial sector and the electoral
system in Kenya that aim to build greater public confidence in government
institutions, and which demonstrate meaningful progress;
Whereas Kenya’s Independent
Commission of Inquiry into the Post-Election Violence (the Waki
Commission
) concluded from its investigation in 2008 that there had
been no serious effort by any government
to punish perpetrators
of previous incidents of ethnic and political violence, leading to a culture of
impunity that contributed to the crisis that followed the 2007 elections, and,
since then, despite laudable judicial reforms, few perpetrators or organizers
of that violence have been held accountable for their crimes in Kenyan
courts;
Whereas, based on the findings of
the Waki Commission, mediator Kofi Annan submitted a list of key suspects to
the Office of the Prosecutor of the International Criminal Court (ICC) in 2009,
and several have been subsequently charged at the ICC with crimes against
humanity;
Whereas the Department of State’s
2011 Human Rights Report on Kenya notes, Widespread impunity at all
levels of government continued to be a serious problem. The government took
only limited action against security forces suspected of unlawful killings, and
impunity in cases of corruption was common. Although the government took action
in some cases to prosecute officials who committed abuses, impunity … was
pervasive
;
Whereas President Barack Obama’s
Strategy on Sub-Saharan Africa, released in June 2012, states that the United
States will not stand by while actors … manipulate the fairness and
integrity of democratic processes, and we will stand in steady partnership with
those who are committed to the principles of equality, justice and the rule of
law
;
Whereas, prior to the March 2013
elections, concerns about political violence in Kenya were high, and in the
months preceding there had been strong indications that local politicians in
various parts of the country were involved in organizing or inciting violence
in order to influence local electoral outcomes;
Whereas, in a February 2013
message to the people of Kenya, President Obama highlighted the power Kenyan
communities have to reject intimidation and violence surrounding the upcoming
election, resolve disputes in the courts as opposed to the streets, and
move forward towards prosperity and opportunity that unleashes the
extraordinary talents of your people
;
Whereas, five years after Kenya’s
post-election crisis, the country held its first general elections under the
new constitution on March 4, 2013, which were largely peaceful; and
Whereas Kenya’s presidential
candidates and their political parties committed themselves to a peaceful
electoral process, and to resolving any resulting disputes through the judicial
process, which is now underway with the filing of cases before the Kenyan
Supreme Court on March 16, 2013: Now, therefore, be it
Whereas
the Governments of the United States and Kenya have long shared a strong
bilateral partnership, and Kenya plays a critically important role as a
cornerstone of stability in East Africa and as a valued ally of the United
States;
Whereas
Kenya’s disputed 2007 presidential election threatened the country’s stability
and its democratic trajectory, triggering an explosion of violence that
resulted in the deaths of some 1,140 civilians and displaced nearly 600,000,
some of whom have still not returned home;
Whereas a
mediation effort by former United Nations Secretary-General Kofi Annan and an
African Union Panel of Eminent African Personalities, supported by the United
States, led to the signing of the National Accord on February 28, 2008, which
led to a series of constitutional, electoral, and institutional reforms to
address underlying causes of the crisis;
Whereas,
as part of that reform process, the citizens of Kenya participated in a
national referendum in August 2010, approving a new constitution that mandated
significant institutional and structural changes to the government;
Whereas
those constitutional changes have led to important reforms in the judicial
sector and the electoral system in Kenya that aim to build greater public
confidence in government institutions, and which demonstrate meaningful
progress;
Whereas
Kenya’s Independent Commission of Inquiry into the Post-Election Violence (the
Waki Commission
) concluded from its investigation in 2008 that
there had been no serious effort by any government
to punish
perpetrators of previous incidents of ethnic and political violence, leading to
a culture of impunity that contributed to the crisis that followed the 2007
elections, and, since then, despite laudable judicial reforms, few perpetrators
or organizers of that violence have been held accountable for their crimes in
Kenyan courts;
Whereas,
based on the findings of the Waki Commission, mediator Kofi Annan submitted a
list of key suspects to the Office of the Prosecutor of the International
Criminal Court (ICC) in 2009, and several have been subsequently charged at the
ICC with crimes against humanity;
Whereas
the Department of State’s 2011 Human Rights Report on Kenya notes,
Widespread impunity at all levels of government continued to be a
serious problem. The government took only limited action against security
forces suspected of unlawful killings, and impunity in cases of corruption was
common. Although the government took action in some cases to prosecute
officials who committed abuses, impunity … was pervasive
;
Whereas
President Barack Obama’s Strategy on Sub-Saharan Africa, released in June 2012,
states that the United States will not stand by while actors …
manipulate the fairness and integrity of democratic processes, and we will
stand in steady partnership with those who are committed to the principles of
equality, justice and the rule of law
;
Whereas,
in a February 2013 message to the people of Kenya, President Obama highlighted
the power Kenyan communities have to reject intimidation and violence
surrounding the upcoming election, resolve disputes in the courts as opposed to
the streets, and move forward towards prosperity and opportunity that
unleashes the extraordinary talents of your people
;
Whereas,
five years after Kenya’s post-election crisis, the country held its first
general elections under the new constitution on March 4, 2013, which were
largely peaceful;
Whereas
Kenya’s presidential candidates and their political parties committed
themselves to a peaceful electoral process, and to resolving any resulting
disputes through the judicial process;
Whereas
the Kenyan Supreme Court ruled on March 30, 2013, that Uhuru Kenyatta was
validly elected, and his opponents pledged to respect and honor the decision of
the Court;
Whereas
the White House issued a statement on March 30, 2013, stating, The
electoral process and the peaceful adjudication of disputes in the Kenyan legal
system are testaments to the progress Kenya has made in strengthening its
democratic institutions, and the desire of the Kenyan people to move their
country forward. Now is the time for Kenyans to come together to fully
implement the political, institutional, and accountability reforms envisioned
in the Kenyan constitution….We welcome and wish to underscore the importance of
Kenya's commitment to uphold its international obligations, including those
with respect to international justice.
; and
Whereas in
his inauguration speech on April 9, 2013, President Kenyatta said, “I will lead
all Kenyans – those who voted for me – and those who voted for our competitors
– towards a national prosperity that is firmly rooted in a rich and abiding
peace in which unity can ultimately be realized…Indeed, national unity will
only be possible if we deal decisively with some of the issues that continue to
hinder our progress. Achieving peace and strengthening unity will be the goal
of my Government. This work begins now. We welcome all Kenyans to hold us to
account.”: Now, therefore, be it
That the Senate—
(1)congratulates the
people of Kenya on their commitment to peaceful elections, as demonstrated on
March 4, 2013;
(2)calls on the
people of Kenya to continue to reject intimidation and violence, and encourages
the peaceful and credible resolution of electoral disputes in the
courts;
(3)urges restraint on
all sides, while recognizing the right of the people of Kenya to peacefully
exercise their constitutional rights to freedom of expression, assembly, and
demonstration;
(4)urges
accountability for anyone found to be complicit in promoting violence or
manipulating electoral processes or results;
(5)notes that many of
the underlying grievances that have underpinned ethnic divisions and fueled the
2007–2008 violence remain largely unaddressed;
(6)affirms that
accountability for the 2007-2008 post-election violence is a critical element
to ensure Kenya’s democracy, peace, and long-term stability;
(7)calls on the
Government of Kenya to respect commitments to seek justice for the victims of
political violence, including by honoring its obligations under the Rome
Statute to cooperate fully with the International Criminal Court with regard to
the three cases that remain before the Court slated to go to trial in
2013;
(8)recognizes that,
while the Government of Kenya has made important progress since the 2007
election, aspects of the Kenyan reform agenda specified in the National Accord
and 2010 constitution remain unfinished, particularly with regard to police
reform, devolution, land reform, and security;
(9)encourages the
people and Government of Kenya to support ongoing implementation of
constitutional reforms, rule of law, and efforts to strengthen governing,
security, and judicial institutions that respect the dignity and rights of all
the people of Kenya and ensure protection for judges;
(10)congratulates the
many candidates elected to office in the March 2013 election—including those at
the newly-formed county level—and expresses hope that newly-elected members of
government will herald a new generation of responsible leadership in Kenya;
and
(11)reaffirms that
the people of the United States will continue to stand with the people of Kenya
in support of democracy, partnership, and peace.
That the Senate—
(1)congratulates the people
of Kenya on their commitment to peaceful elections, as demonstrated on March 4,
2013;
(2)calls on Kenyans to come
together to fully implement political, institutional, and accountability
reforms envisioned in the Kenyan constitution;
(3)calls on the people of
Kenya to continue their efforts to end intimidation, impunity, and
violence;
(4)notes that many of the
underlying grievances that have underpinned ethnic divisions and fueled the
2007-2008 violence remain largely unaddressed;
(5)affirms that
accountability for the 2007-2008 post-election violence is a critical element
to ensure Kenya’s democracy, peace, and long-term stability;
(6)calls on the Government
of Kenya to respect commitments to seek justice for the victims of political
violence, including by honoring its obligations under the Rome Statute to
cooperate fully with the International Criminal Court with regard to the three
cases that remain before the Court slated to go to trial in 2013;
(7)calls on the Government
of Kenya to ensure the International Criminal Court witnesses are fully
protected and not subject to interference but afforded the protections they
deserve to ensure justice is served;
(8)recognizes that, while
the Government of Kenya has made important progress since the 2007 election,
aspects of the Kenyan reform agenda specified in the National Accord and 2010
constitution remain unfinished, particularly with regard to police reform,
devolution, land reform, and security;
(9)encourages the people and
Government of Kenya to support ongoing implementation of constitutional
reforms, rule of law, the establishment of county level government and efforts
to strengthen governance, security, and judicial institutions that respect the
dignity and rights of all the people of Kenya and ensure protection for
judges;
(10)supports the devolution
process in order to enable constitutional reform to be fully
implemented;
(11)encourages the
Government of Kenya to respect and protect the freedom of civil society
organizations and activists which have historically led the process of
political reform in Kenya;
(12)expresses hope that
newly elected members of government will herald a new generation of responsible
leadership in Kenya; and
(13)reaffirms that the
people of the United States will continue to stand with the people of Kenya in
support of democracy, partnership, and peace.
Amend the title so as to read:
A resolution congratulating the people of Kenya on their commitment to
peaceful elections, as demonstrated on March 4, 2013, and calling on Kenyans to
come together to continue to implement political, institutional, and
accountability reforms envisioned in the Kenyan
constitution.
.
April 17, 2013
Reported with an amendment and an amendment to the preamble
and an amendment to the title