[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 90 Agreed to Senate (ATS)]
113th CONGRESS
1st Session
S. RES. 90
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2013
Mr. Coons (for himself, Mr. Cardin, Mr. Flake, and Ms. Mikulski)
submitted the following resolution; which was referred to the Committee
on Foreign Relations
April 17, 2013
Reported by Mr. Menendez, with an amendment and an amendment to the
preamble and an amendment to the title
April 22, 2013
Considered, amended, and agreed to with an amended preamble and an
amendment to the title
_______________________________________________________________________
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.
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
Resolved, 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.
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