[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 90 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
S. RES. 90

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 22, 2013

   Mr. Coons (for himself, Mr. Cardin, and Mr. Flake) submitted the 
 following resolution; which was referred to the Committee on Foreign 
                               Relations

_______________________________________________________________________

                               RESOLUTION


 
 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.

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
    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 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.
                                 <all>