[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 431 Agreed to Senate (ATS)]







110th CONGRESS
  2d Session
S. RES. 431

 Calling for a peaceful resolution to the current electoral crisis in 
                                 Kenya.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 25, 2008

   Mr. Feingold (for himself, Mr. Sununu, Mr. Cardin, Mr. Kerry, Mr. 
Brown, Mr. Dodd, Mr. Kennedy, Mr. Menendez, Mr. Durbin, Mrs. Boxer, Mr. 
Biden, Mrs. Clinton, Mr. Obama, Mr. Harkin, Mr. Coleman, Mr. Hagel, Mr. 
    Brownback, Ms. Snowe, Mr. Levin, Mr. Casey, Ms. Murkowski, Ms. 
Stabenow, and Ms. Klobuchar) submitted the following resolution; which 
           was referred to the Committee on Foreign Relations

                            January 29, 2008

             Committee discharged; considered and agreed to

_______________________________________________________________________

                               RESOLUTION


 
 Calling for a peaceful resolution to the current electoral crisis in 
                                 Kenya.

Whereas on December 27, 2007, Kenyan citizens went peacefully to the polls to 
        elect a new parliament and a new President and signaled their commitment 
        to democracy by turning out in large numbers, and in some instances 
        waiting in long lines to vote;
Whereas election observers reported serious irregularities and a lack of 
        transparency that, combined with the implausibility of the margin of 
        victory, and the swearing in of the Party of National Unity presidential 
        candidate Mwai Kibaki with undue haste, all serve to undermine the 
        credibility of the presidential election results;
Whereas the Government of Kenya imposed a ban on live media broadcasts that day, 
        and shortly after the election results were announced, in contravention 
        of Kenyan law, the Government also announced a blanket ban on public 
        assembly and gave police the authority to use lethal force;
Whereas subsequent to declaring Mr. Kibaki the winner, the head of the Election 
        Commission of Kenya (ECK) stated that he did not know who won the 
        presidential election;
Whereas in the aftermath of the election announcement, significant violence 
        began and continues to flare;
Whereas on January 1, 2008, 4 commissioners on the ECK issued a statement which 
        called for a judicial review and tallying of the vote;
Whereas the head of the European Union Election Observation Mission stated that 
        ``[l]ack of transparency, as well as a number of verified irregularities 
        ... cast doubt on the accuracy of the results of the presidential 
        election as announced by the ECK'' and called for an international audit 
        of the results;
Whereas the Attorney General of Kenya has called for an independent 
        investigation of the tallying of votes and for the votes to be 
        retallied;
Whereas observers from the East African Community have called for an 
        investigation into irregularities during the tallying process and for 
        those responsible for such irregularities to be held accountable;
Whereas some estimates indicate that at least 700 people have died and as many 
        as 250,000 have been displaced as a result of this violence, which 
        continues;
Whereas the economic cost to Kenya of the violence and civil unrest in the wake 
        of the disputed polls is estimated at $1,000,000,000;
Whereas the Assistant Secretary of State for African Affairs traveled to Nairobi 
        in an attempt to mediate between the 2 leading presidential candidates 
        and has stated that ``serious flaws in the vote tallying process damaged 
        the credibility of the process'' and that the United States should not 
        ``conduct business as usual'' in Kenya; and
Whereas Kenya has been a valuable strategic, political, diplomatic, and economic 
        partner to those in the subregion, region, and to the United States and 
        has been 1 of the major recipients of United States foreign assistance 
        in sub-Saharan Africa for decades: Now, therefore, be it
    Resolved, That the Senate--
            (1) commends the Kenyan people for their commitment to 
        democracy and respect for the democratic process, as evidenced 
        by the high voter turnout and peaceful voting on election day;
            (2) strongly condemns the violence in Kenya;
            (3) urges all politicians and political parties to 
        immediately desist from the reactivation, support, and use of 
        militia organizations that are ethnic-based or otherwise 
        constituted;
            (4) calls on the 2 leading presidential candidates to--
                    (A) engage in an internationally brokered dialogue, 
                which results in a new political dispensation that is 
                supported by Kenyan civil society; and
                    (B) respect the will of the Kenyan people;
            (5) simultaneously--
                    (A) supports a call for electoral justice in Kenya, 
                including a thorough and credible independent audit of 
                election results with the possibility, depending on 
                what is discovered, of a recount or retallying of 
                votes, or a rerun of the presidential elections within 
                a specified time period; and
                    (B) encourages any political settlement to take 
                into account these recommendations;
            (6) calls on Kenyan security forces to refrain from use of 
        excessive force and respect the human rights of Kenyan 
        citizens;
            (7) calls for those who are found guilty of committing 
        human rights violations to be held accountable for their 
        actions;
            (8) calls for an immediate end to the restrictions on the 
        media, and on the rights of peaceful assembly and association;
            (9) condemns threats to civil society leaders and human 
        rights activists who are working towards a peaceful, just, and 
        equitable political solution to the current electoral crisis;
            (10) holds all political actors in Kenya responsible for 
        the safety and security of civil society leaders and human 
        rights advocates;
            (11) calls on the international community, United Nations 
        aid organizations, and all neighboring countries to provide 
        assistance to Kenyan refugees who have fled in search of 
        greater security;
            (12) encourages others in the international community to 
        work together and use all diplomatic means at their disposal to 
        persuade relevant political actors to commit to a peaceful 
        resolution to the current crisis; and
            (13) urges the President of the United States to--
                    (A) support diplomatic efforts to facilitate a 
                dialogue between leaders of the Party of National 
                Unity, the Orange Democratic Movement, and other 
                relevant actors;
                    (B) consider the imposition of personal sanctions, 
                including a travel ban and asset freeze on leaders in 
                the Party of National Unity, the Orange Democratic 
                Movement, and other relevant actors who refuse to 
                engage in meaningful dialogue to end the current 
                crisis; and
                    (C) conduct a review of current United States aid 
                to Kenya for the purpose of restricting all 
                nonessential assistance to Kenya, unless all parties 
                are able to establish a peaceful, political resolution 
                to the current crisis, which is credible with the 
                Kenyan people.
                                 <all>