[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 780 Introduced in House (IH)]

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114th CONGRESS
  2d Session
H. RES. 780

 Urging respect for the constitution of the Democratic Republic of the 
          Congo in the democratic transition of power in 2016.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 13, 2016

  Mr. Smith of New Jersey (for himself, Ms. Bass, Mr. Royce, and Mr. 
 Engel) submitted the following resolution; which was referred to the 
  Committee on Foreign Affairs, and in addition to the Committees on 
 Financial Services and the Judiciary, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                               RESOLUTION


 
 Urging respect for the constitution of the Democratic Republic of the 
          Congo in the democratic transition of power in 2016.

Whereas given its size, location, and diverse economy, the United States has 
        deep interests in the democratic stability of the Democratic Republic of 
        the Congo;
Whereas from 1996-2006, more than 3,000,000 people died in the Democratic 
        Republic of the Congo (DRC) as a result of internal and regional wars, 
        and significant violence persists in the Eastern Congo;
Whereas a root cause of these conflicts was the decay of the undemocratic and 
        corrupt regime of President Mobutu Sese Seko;
Whereas in 2002 the United States, working with African and European partners, 
        helped facilitate a Congo peace accord that included a democratic 
        transition and free elections under a new constitution limiting the 
        President to two terms by an unamendable provision and providing for the 
        President of the Senate to assume power temporarily until elections can 
        be held once a Presidential vacancy is declared;
Whereas in 2006 Joseph Kabila was elected President in what was widely viewed as 
        a free and fair election, but many respected international observers 
        concluded that his 2011 election ``victory'' was ``not credible'';
Whereas President Kabila's second term will end December 19, 2016, after which 
        his government can no longer be considered the constitutionally 
        legitimate representative of the Congolese people;
Whereas President Kabila has yet to declare unequivocally and publicly that he 
        will step down at the end of his term, as required by the constitution, 
        causing growing political tension, unrest and violence across the 
        country;
Whereas during the summer of 2014, President Kabila tried unsuccessfully to 
        persuade parliament to change the constitution to open the way for his 
        continuation in power after his term expires on December 19, 2016, and 
        subsequently attempted to pass a law requiring a multiyear census in 
        advance of the Presidential election--an effort that was dropped in 
        January 2015 after mass demonstrations in which Kabila's security forces 
        killed at least 42 people and arbitrarily jailed hundreds;
Whereas since January 2015, in further steps to undermine democratic processes 
        and institutions, Congolese security and intelligence officials have 
        clamped down on peaceful activists, political leaders and others who 
        oppose President Kabila's effort to stay in power past his 
        constitutionally mandated two-term limit;
Whereas since January 2015 President Kabila has continually used administrative 
        and technical means to try to delay the Presidential election (including 
        an overloaded, unfeasible multielection calendar, failure to pass timely 
        election laws and release authorized election budgets, abruptly 
        implementing the division of the country's provinces, and having his 
        ``Independent National Election Commission'' recently declare that it 
        will take 16 months to update the voter roll);
Whereas President Obama spoke with President Kabila on March 15, 2015, and 
        ``emphasized the importance of timely, credible, and peaceful elections 
        that respect the DRC's constitution and protect the rights of all DRC 
        citizens'';
Whereas President Kabila is calling for a broad national dialogue that could be 
        used to confuse the election issue and serve as yet another means of 
        delaying the scheduled November elections;
Whereas international and domestic human rights groups continually report on the 
        worsening of the situation with regard to human rights in the DRC, 
        including the use of excessive force against peaceful demonstrators and 
        an increase in politically motivated trials and whereas the United 
        Nations Organization Stabilization Mission in the Democratic Republic of 
        the Congo (MONUSCO) has registered more than 260 human rights 
        violations, mainly against political opponents, civil society and 
        journalists during the past year;
Whereas the DRC retains a relatively vibrant civil society that is exerting 
        pressure on the government, and is at risk of being stamped out due to 
        government repression consistent with President Kabila's attempt to 
        remain in power;
Whereas leaders of Congo's main opposition parties, nongovernmental 
        organizations and prodemocracy youth movements called on Congolese 
        citizens to stay home from work and school on February 16, 2016, for 
        ``Ville Morte (Dead City Day)'' largely to protest against delays in 
        organizing Presidential elections; and whereas the strike was largely 
        successful in major Congolese cities despite government detentions and 
        threats;
Whereas, on March 10, 2016, the European Union Parliament adopted a resolution 
        that urged the EU to ``use all its diplomatic and economic tools'' in 
        favor of ``compliance with the constitution of the DRC'' and invited 
        African Union member states to also become engaged in the effort to 
        advance this goal; whereas the resolution also called upon the EU ``to 
        consider imposing targeted sanctions, including travel bans and asset 
        freezes, so as to help prevent further violence''; and
Whereas, on March 30, 2016, the United Nations Security Council unanimously 
        adopted Resolution 2277 expressing ``deep concern'' about ``delays in 
        the Presidential election'' and ``increased restriction of the political 
        space in the DRC'' and calling for ``ensuring the successful and timely 
        holding'' of Presidential and legislative elections ``in accordance with 
        the Constitution'': Now, therefore, be it
    Resolved, That--
            (1) under Executive Order 13413, as amended by Executive 
        Order 13671, in coordination to the maximum extent possible 
        with its African and European partners, the United States 
        should impose sanctions on government officials who impede 
        progress toward a peaceful democratic transition through 
        credible elections that respect the will of the Congolese;
            (2) sanctions should target core figures in the government 
        of President Kabila for visa denials and for asset freezes 
        because of actions that ``undermine democratic processes or 
        institutions'';
            (3) economic and security assistance provided to the DRC 
        government should be reviewed for possible termination, while 
        preserving other, particularly humanitarian, assistance through 
        nongovernmental and international organizations, and review 
        future international financial institution assistance to the 
        DRC until the election crisis is resolved;
            (4) the President should lift sanctions only when the 
        President determines that--
                    (A) President Kabila has unequivocally and publicly 
                declared that, in accordance with the constitution, he 
                will not remain in power once his term ends on December 
                19, 2016, has made verifiable progress on the ground 
                towards holding timely free and fair national elections 
                in accordance with the constitution, and has 
                demonstrably opened the necessary political space for 
                the opposition and civil society; or
                    (B) the DRC has held a free and fair Presidential 
                election as provided by the constitution and a new 
                President has been sworn in;
            (5) if President Kabila's government meets the condition 
        specified in paragraph (4)(A), the United States should join 
        other donors in helping to support election preparedness, 
        including voter registration and supporting a level playing 
        field for campaign activities by diverse political parties;
            (6) the United States Government should support independent 
        DRC civil society organizations and media to more effectively 
        monitor efforts to undermine democracy and governance;
            (7) the United States Government should use authorities 
        under subchapter II of chapter 53 of title 31, United States 
        Code, chapter X of title 31, Code of Federal Regulations, and 
        the Patriot Act (18 U.S.C. 1956) to investigate and target 
        money laundering activities, specifically related to the 
        diversion of proceeds of corruption, by key figures close to 
        President Kabila;
            (8) these authorities should be employed to target the 
        financial institutions facilitating money laundering by these 
        figures as well as to pressure the jurisdictions in which they 
        are located to monitor this activity and take enforcement 
        action as appropriate; and
            (9) the United States should coordinate these efforts with 
        key Western and African partners, including through other 
        financial intelligence units.
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