[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 135 Introduced in House (IH)]







104th CONGRESS
  2d Session
H. CON. RES. 135

  Expressing the sense of the House of Representatives concerning the 
     political and human rights situation in the Republic of Kenya.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 25, 1996

   Mr. Porter (for himself, Mr. Hinchey, Mr. Lipinski, Mr. Frank of 
  Massachusetts, Mr. Payne of New Jersey, Mr. Lantos, Mr. Engel, Mr. 
DeFazio, Mr. Houghton, Mr. Reed, and Mr. Hastings of Florida) submitted 
    the following concurrent resolution; which was referred to the 
                  Committee on International Relations

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
  Expressing the sense of the House of Representatives concerning the 
     political and human rights situation in the Republic of Kenya.

Whereas the Governments of the United States and the Republic of Kenya have 
        enjoyed friendly relations as the Republic of Kenya has been an 
        important and politically stable ally to the United States in Africa;
Whereas the Republic of Kenya is a major tourist destination in East Africa 
        enhancing its economic and political importance to the United States;
Whereas the Republic of Kenya is the recipient of a substantial amount of United 
        States foreign assistance;
Whereas such foreign assistance had been offered to encourage democratic 
        freedoms, human rights, and political stability in the Republic of 
        Kenya;
Whereas after 9 years as a single-party state led by the Kenya Africa National 
        Union, a 1991 constitutional amendment restored multiparty democracy;
Whereas the Kenyan Constitution guarantees the rights of assembly, association, 
        conscience, and expression;
Whereas the Republic of Kenya, as a signatory to the United Nations Charter, the 
        United Nations Declaration of Human Rights which includes the 
        International Covenant on Civil and Political Rights, and the African 
        Charter, is obliged to adhere to its international legal obligations and 
        to protect the fundamental human rights of all its citizens;
Whereas despite the 1991 constitutional amendment restoring multiparty 
        democracy, the Government of Kenya continues to wage a campaign of 
        repression designed to eliminate criticism and dissent;
Whereas Government of Kenya security forces have harassed and detained 
        government critics, including former cabinet members and others 
        advocating multiparty democracy;
Whereas former Member of Parliament from Nakuru, Koigi Wa Wamwere, who has been 
        recognized as a determined opponent to ethnic cleansing, brutality, and 
        corruption in the Republic of Kenya, has been targeted by the Government 
        of Kenya for his political beliefs and has spent the better part of the 
        past 9 years in police detention;
Whereas numerous international human rights groups and independent international 
        observers have concluded that the trial and sentencing of Mr. Wamwere 
        and his 2 codefendants, Charles Kuria Wamwere and G.G. Njuguna Ngengi, 
        to 4 years in prison and 6 ``strokes'' (lashes with a cane), was 
        conducted in a manner that was inconsistent with international legal 
        standards, that the charges against the defendants were unsubstantiated 
        by the evidence, that much of the evidence was fabricated, and that the 
        trial was not conducted by an independent and impartial tribunal;
Whereas the Government of Kenya continues to intimidate and harass human rights 
        attorneys, peaceful demonstrators, and human rights activists by 
        regularly interfering with many civil liberties, including freedoms of 
        speech, press, assembly, and association;
Whereas prisoners in the Republic of Kenya, especially political prisoners, are 
        detained in prison for indefinite periods of time without being charged 
        with a crime;
Whereas prisoners in the Republic of Kenya charged with crimes remain in prison 
        for excessively lengthy periods of time without being brought to trial;
Whereas prisoners in the Republic of Kenya are often subjected to various kinds 
        of torture, including beating with sticks, fists, handles of hoes, and 
        gun butts, often resulting in permanent disability;
Whereas life threatening prison conditions in the Republic of Kenya, including 
        sexual abuse, severe overcrowding, poor diet, inadequate health care, 
        substandard bedding materials, and flooded or unheated cells led to 
        several hundred deaths in prison in 1994;
Whereas despite constitutional provisions to the contrary and the Kenyan Police 
        Commissioner's June 1993 announcement that torture was prohibited and 
        would not be tolerated, there continue to be credible reports that 
        police and security forces resort to torture and brutality to break up 
        licensed public assemblies;
Whereas the President of Kenya exerts overwhelming influence over the country's 
        Judiciary, including through the President's refusal to renew contracts 
        of the 3 High Court Judges who have issued rulings adverse to the 
        Government; and
Whereas the Republic of Kenya's political stability is threatened by the 
        Government of Kenya's repression of individual rights and democratic 
        freedoms and its intolerance toward political dissent: Now, therefore, 
        be it
    Resolved by the House of Representatives (the Senate concurring),

SECTION 1. STATEMENT OF POLICY.

    It is the sense of the Congress that the Government of Kenya 
should--
            (1) uphold the rights of assembly, association, conscience, 
        and expression, which are guaranteed in the Kenyan 
        Constitution;
            (2) adhere to its international legal obligations under the 
        United Nations Charter, the United Nations Declaration of Human 
        Rights which includes the International Covenant on Civil and 
        Political Rights, and the African Charter;
            (3) end all intimidation and harassment of those who are 
        critical of government policies and those working for democracy 
        in Kenya, particularly individuals within the church, the 
        press, and the legal and academic communities;
            (4) either charge and try or release all prisoners, 
        including persons detained for political reasons;
            (5) cease all physical abuse or mistreatment of prisoners;
            (6) release Mr. Koigi Wa Wamwere and permit him to exercise 
        his rights of free expression, association, and political 
        participation in a multiparty democracy; and
            (7) restore the independence of the Judiciary.

SEC. 2. ASSISTANCE TO REPUBLIC OF KENYA.

    It is the sense of the Congress that the United States should 
consider reducing, and possibly suspending, military and economic 
assistance to the Republic of Kenya unless the Government of Kenya 
makes substantial progress in addressing the concerns set forth in 
section 1.
                                 <all>