[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1588 Engrossed in House (EH)]

H. Res. 1588

                In the House of Representatives, U. S.,

                                                    September 28, 2010.
Whereas Sudan stands at a crossroads, in the final phase of what could be a 
        historic transition from civil war to peace, and Sudan's full 
        implementation of the Comprehensive Peace Agreement (CPA) in this next 
        year will determine the future of this centrally important country in 
        Africa and the stability of the region;
Whereas January 2010 marked the fifth anniversary of the signing of the CPA 
        which ended more than 20 years of civil war between northern and 
        southern Sudan, fueled by northern persecution of populations in the 
        south, that resulted in the deaths of more than 2,000,000 people and the 
        displacement of over 4,000,000 people in southern Sudan;
Whereas the CPA committed the northern-dominated National Congress Party (NCP) 
        and the southern-dominated Sudan People's Liberation Movement/Army 
        (SPLM/A), to assume joint governing responsibility during a six-year 
        Interim Period ending in July 2011;
Whereas Sudan's April 2010 elections did not meet international standards due to 
        widespread and continuing violations of political rights, irregularities 
        in voter registration, significant logistical and procedural 
        shortcomings, intimidation and violence in some localities, and the 
        continuing conflict in Darfur which prevented full campaigning and voter 
        participation;
Whereas the conflict in Darfur remains unresolved, with over 300,000 people 
        killed and over 2,000,000 people still displaced in a highly unstable 
        security situation perpetrated largely by the government in Khartoum;
Whereas since 1999, the United States Department of State has designated Sudan 
        as a ``country of particular concern'' for its systematic, ongoing, and 
        egregious violations of religious freedom or belief and related human 
        rights, as recommended by the United States Commission on International 
        Religious Freedom, and despite progress made via the CPA on religious 
        freedom issues, there are still reports of abuses;
Whereas at the end of the CPA in January 2011, the agreement requires referenda 
        on self-determination for southern Sudan and on whether Abyei will 
        remain in the north or join the south;
Whereas following the Interim Period, popular consultations in Southern Kordofan 
        State and Blue Nile State are to be held to determine the governance 
        arrangements in those two states;
Whereas it is essential that the referenda and accompanying popular 
        consultations are held on time, that they are free, fair, and credible, 
        and that if the outcome of the southern Sudan referendum is 
        independence, two stable and viable democratic states result;
Whereas the Government of Southern Sudan faces post-conflict reconstruction 
        challenges including establishing democratic, responsive, and 
        transparent governance, addressing human resources and capacity-building 
        needs, strengthening and reforming the judiciary and security forces to 
        address communal and inter-ethnic violence, professionalizing the police 
        and security forces, developing basic infrastructure, natural resources 
        and the economy; providing basic services including water, education, 
        health care and social services, and establishing cooperative and 
        transparent wealth-sharing mechanisms;
Whereas in August 2009, the NCP and SPLM signed a bilateral agreement to address 
        and implement many of the CPA's outstanding provisions, but since that 
        time the NCP has consistently delayed and reneged on its CPA 
        commitments, thereby increasing tension and distrust between northern 
        and southern Sudan and endangering the CPA by infringing on the freedom 
        of speech, assembly, and association of candidates, political party 
        activists, and journalists during and after the election process, 
        including censoring the media and arresting political party leaders;
Whereas the NCP continues to restrict and disrupt United Nations peacekeeping, 
        humanitarian operations, and human rights organizations in Darfur;
Whereas the United States played a central role in negotiations that led to the 
        CPA, is a guarantor of that peace agreement, and continues to play a 
        leading role bilaterally and multilaterally to bring about a just and 
        lasting peace in Sudan;
Whereas Secretary of State Hillary Rodham Clinton stated in October 2009 that 
        ``the Comprehensive Peace Agreement between the North and South will be 
        a flashpoint for renewed conflict if not fully implemented through 
        viable national elections, a referendum on self-determination for the 
        South, resolution of the border disputes, and the willingness of the 
        respective parties to live up to their agreements''; and
Whereas sustained pressure and engagement from the international community in 
        support of the CPA, including the upcoming referenda, is essential to 
        bring about sustainable peace in Sudan: Now, therefore, be it
    Resolved, That it is the sense of the House of Representatives that the 
United States Government should--
            (1) work with appropriate Sudanese parties and responsible regional 
        and international partners to--
                    (A) build consensus on the steps needed to implement the 
                Comprehensive Peace Agreement (CPA), including the upcoming 
                referenda, and promote stability throughout Sudan;
                    (B) correct serious and systemic problems in the election 
                process to ensure that they do not reoccur during the referenda 
                campaign and voting processes, including irregularities in voter 
                registration, logistical and procedural challenges, poor voter 
                education, human rights infringements, intimidation, and 
                violence; and
                    (C) ensure that the National Congress Party (NCP) and the 
                Sudan People's Liberation Movement (SPLM) implement procedures 
                whereby the referenda occur as scheduled, including appointing 
                competent and credible members to all referenda commissions and 
                providing technical assistance to and funding for the 
                commissions;
            (2) work with the United Nations Mission in Sudan (UNMIS) to ensure 
        security during and after the referenda campaign and voting processes, 
        which will require a robust monitoring and protection presence in areas 
        prone to conflict;
            (3) take concrete steps through the contribution of targeted 
        resources and technical expertise to--
                    (A) ensure international monitoring and observation of 
                registration and polling to guarantee a secure environment for 
                individual registration and voting, and to prevent voter 
                intimidation or fraud occurring during these critical phases of 
                the referenda;
                    (B) ensure that the Government of National Unity (GNU), as 
                required by the CPA, provides adequate funding at predetermined 
                levels and timelines for the registration and polling periods, 
                given the need to ensure that those who register are able to 
                access polling stations on voting day;
                    (C) ensure that responsible nations commit adequate 
                resources and technical expertise to support the referenda and 
                voter education programs in southern Sudan, Abyei, and other 
                areas where people will vote in the referenda to promote 
                understanding of the nature, importance of participation, 
                consequences of the referenda process; and
                    (D) support the popular consultation processes in Southern 
                Kordofan State and Blue Nile State, including through provision 
                of technical assistance and support for public education;
            (4) work with appropriate Sudanese parties and responsible regional 
        and international partners to ensure--
                    (A) the right of return of Sudanese refugees and displaced 
                persons, including Darfuris and southerners, by providing 
                assistance and safe passage to all such persons; and
                    (B) that the citizenship rights of southerners in the north 
                and northerners in the south are respected in accordance with 
                international standards should the south vote for independence;
            (5) work with responsible regional and international partners to 
        ensure a stable north-south border and a permanent peace in Sudan, 
        utilizing policy options if parties fail to honor the CPA, especially as 
        it relates to border demarcation pre-referenda;
            (6) continue to utilize diplomats and experts and sustain engagement 
        to support the African Union and United Nations-led negotiations over 
        the post-referendum issues, including working with responsible regional 
        and international partners to assist in making necessary arrangements 
        for a post-2011 peaceful transition, with specific focus on oil and 
        revenue sharing, citizenship, return of refugees and displaced persons, 
        security arrangements along the border, and protection of the rights of 
        minorities, particularly the religious and ethnic minorities 
        historically marginalized;
            (7) utilize diplomats and experts to revitalize the Darfur Peace 
        Process and press the NCP, northern political parties, armed groups, and 
        civil society representatives to address human rights abuses (including 
        gender-based violence) and the ongoing atrocities and displacement in 
        Darfur;
            (8) undertake renewed efforts to define and implement the 
        Administration's stated Sudan policy of October 2009, including by 
        publicly articulating the benchmarks and related incentives and 
        pressures used by the Administration to gauge progress or backsliding on 
        key provisions of the CPA, including the holding of a free and fair 
        referendum in southern Sudan;
            (9) hold the NCP accountable for its actions given the NCP's human 
        rights violations and efforts to impede CPA implementation since the 
        announcement of the United States Sudan policy, and the need for the 
        United States to both balance incentives with pressures, by--
                    (A) identifying NCP government agencies and officials 
                responsible for particularly severe human rights and religious 
                freedom violations as required under section 402b(2) of the 
                International Religious Freedom Act of 1998 (IRFA), and prohibit 
                those individuals identified under section 402b(2) of IRFA from 
                entry into the United States;
                    (B) encouraging multilateral asset freezes on NCP government 
                agencies and travel bans on officials responsible for 
                particularly severe human rights and religious freedom 
                violations;
                    (C) continuing to encourage greater multilateral enforcement 
                of the arms embargo set out in the 2004 United Nations Security 
                Council Resolution 1556 and strengthened in the 2005 United 
                Nations Security Council Resolution 1591;
                    (D) continuing to encourage multilateral support for efforts 
                to hold accountable Omar al-Bashir and other Sudanese officials 
                accused of genocide, war crimes, or crimes against humanity, 
                recognizing that justice is essential for there to be lasting 
                peace; and
                    (E) vigorously advocating on behalf of any credible 
                humanitarian organizations that come under pressure from 
                Khartoum or are at any point expelled from the country, thereby 
                compromising their ability to provide vital services;
            (10) support the Government of Southern Sudan, including through the 
        provision of technical assistance and expertise, in developing its 
        economy, rule of law, and social service and educational 
        infrastructures, improving democratic accountability and human rights, 
        and strengthening reconciliation efforts; and
            (11) unequivocally stand, during this period of preparation and 
        possible transition, with those people of Sudan who share aspirations 
        for a peaceful, prosperous and democratic future.
            Attest:

                                                                          Clerk.