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

                                                        Calendar No. 42
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

                             April 17, 2013

  Reported by Mr. Menendez, with an amendment and an amendment to the 
                 preamble and an amendment to the title
[Strike out all after the resolving clause and insert the part printed 
                               in italic]
      [Strike the preamble and insert the part printed in italic]

_______________________________________________________________________

                               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.

<DELETED>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
</DELETED>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, <DELETED>That the Senate--
        <DELETED>    (1) congratulates the people of Kenya on their 
        commitment to peaceful elections, as demonstrated on March 4, 
        2013;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (4) urges accountability for anyone found to be 
        complicit in promoting violence or manipulating electoral 
        processes or results;</DELETED>
        <DELETED>    (5) notes that many of the underlying grievances 
        that have underpinned ethnic divisions and fueled the 2007-2008 
        violence remain largely unaddressed;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
    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.
            Amend the title so as to read: ``A 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.''.




                                                        Calendar No. 42

113th CONGRESS

  1st Session

                               S. RES. 90

_______________________________________________________________________

                               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.

_______________________________________________________________________

                             April 17, 2013

  Reported with an amendment and an amendment to the preamble and an 
                         amendment to the title