[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 479 Introduced in Senate (IS)]
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114th CONGRESS
2d Session
S. RES. 479
Urging the Government of the Democratic Republic of the Congo to comply
with constitutional limits on presidential terms and fulfill its
constitutional mandate for a democratic transition of power in 2016.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 26, 2016
Mr. Markey (for himself, Mr. Durbin, and Mr. Murphy) submitted the
following resolution; which was referred to the Committee on Foreign
Relations
_______________________________________________________________________
RESOLUTION
Urging the Government of the Democratic Republic of the Congo to comply
with constitutional limits on presidential terms and fulfill its
constitutional mandate for a democratic transition of power in 2016.
Whereas the United States and the Democratic Republic of the Congo (``DRC'')
have a history of partnership grounded in economic investment and mutual
interests in security and stability, and marked by efforts to address
the protracted humanitarian crisis facing the country;
Whereas in 2006, DRC adopted a new constitution with a provision limiting the
President to 2 consecutive terms;
Whereas in 2006, Joseph Kabila was elected President in what was widely viewed
as a free and fair election;
Whereas many respected international observers concluded that President Kabila's
reelection in 2011 was deeply flawed;
Whereas President Kabila's second term and constitutional mandate to serve as
President of DRC ends on December 19, 2016;
Whereas, for the past 2 years, President Kabila has used administrative and
technical means to try to delay the presidential election, including--
(1) by trying unsuccessfully to persuade the Parliament of DRC--
G (A) to change the Constitution of DRC to allow him to run for a
third term; and
G (B) to pass a law requiring a multiyear census in advance of the
presidential election, which was widely seen as an attempt to delay
elections to allow President Kabila to remain in power;
(2) by failing to pass timely election laws or release authorized
election funding to the Independent National Elections Commission;
(3) by declaring that it will take the Government of DRC between 16 and
18 months to revise the voter rolls; and
(4) by enforcing nondemocratic and nonparticipatory restrictions that
limit the ability of the political opposition to participate in the
political process and the role of civil society in DRC;
Whereas mass popular demonstrations convinced President Kabila to drop efforts
to pass a law requiring a census in January 2015, but not before
security forces had killed at least 36 protesters and jailed hundreds
more;
Whereas Congolese security and intelligence officials have arrested, harassed,
and detained peaceful activists, members of civil society, political
leaders, and others who oppose President Kabila's effort to
unconstitutionally remain in power after the expiration of his current
term;
Whereas President Obama spoke with President Kabila on March 15, 2015, and
``emphasized the importance of timely, credible, and peaceful elections
that respect the Constitution of DRC and protect the rights of all DRC
citizens'';
Whereas observers view President Kabila's renewed call for a National Dialogue
as another attempt to delay the elections and distract from the
constitutional requirement for a democratic succession of the presidency
later this year;
Whereas international and domestic human rights groups have consistently
reported on the worsening of the human rights situation in DRC,
including--
(1) the use of excessive force by security forces against peaceful
demonstrators; and
(2) an increase in politically motivated trials;
Whereas the United Nations Organization Stabilization Mission in the Democratic
Republic of the Congo has registered more than 312 human rights
violations committed by officials of the Government of DRC between
January 2015 and January 2016, most of which targeted political
opponents, civil society, and journalists;
Whereas the Government of DRC issued an arrest warrant for what appear to be
politically motivated charges against a leading opposition figure the
week after he declared his intent to run for President, and other
political activists remain in jail;
Whereas, on March 30, 2016, the United Nations Security Council unanimously
adopted Resolution 2277, which--
(1) expresses deep concern with--
G (A) ``the delays in the preparation of the presidential
elections'' in DRC; and
G (B) ``increased restrictions of the political space in the DRC'';
and
(2) calls for ensuring ``the successful and timely holding of
elections, in particular presidential and legislative elections on November
2016, in accordance with the Constitution''; and
Whereas President Kabila's refusal to publicly affirm that he will step down
when his constitutional mandate expires has caused growing political
tension, unrest, and violence across DRC: Now, therefore, be it
Resolved, That the Senate--
(1) condemns--
(A) actions by the Government of DRC to subvert the
Constitution of DRC and undermine democracy, including
the arrest and detention of civil society activists
(such as Fred Bauma and Yves Makwambala), the
harassment of political opponents, and its efforts to
close political space and punish peaceful dissent;
(B) the failure of the Government of DRC to take
timely necessary measures to organize free and fair
national elections; and
(C) violations of human rights and international
humanitarian law committed by security forces of the
Government of DRC;
(2) reaffirms its support for democracy and good-governance
in sub-Saharan Africa that are free from political repression
and abuses of human rights;
(3) calls on President Kabila's government--
(A) to publicly and unequivocally commit to
complete a peaceful transfer of presidential power upon
the expiration of his mandate on December 19, 2016; and
(B) to adhere to the Constitution of DRC and
relinquish power at the end of his term on December 19,
2016;
(4) calls on the President of the United States--
(A) in coordination with regional and international
partners and the United Nations, to impose targeted
sanctions on those officials of the Government of DRC
who are responsible for violence and human rights
violations and undermining the democratic processes or
institutions in DRC, including visa bans and asset
freezes under Executive Order 13671 (79 Fed. Reg.
39947), based on actions that ``undermine democratic
processes or institutions,'' or that ``threaten the
peace, security, or stability'' of DRC; and
(B) to consider lifting the sanctions described in
subparagraph (A) when the President determines that--
(i) President Kabila--
(I) has publicly and unequivocally
stated that he will complete a peaceful
transfer of presidential power upon the
expiration of his mandate on December
19, 2016;
(II) has made verified progress
toward organizing and holding timely
free and fair national elections in
accordance with the Constitution of
DRC; and
(III) is respecting human and
political rights for the opposition and
civil society; or
(ii) a free and fair presidential election
has been held in DRC, in accordance with the
Constitution of DRC, and a new President has
been sworn into office in DRC;
(5) calls on the Secretary of State, the Secretary of
Defense, and the Administrator of the United States Agency for
International Development to review all United States
assistance to DRC, including security and economic assistance,
to ensure that such assistance is not being used to support
President Kabila's efforts to remain in power; and
(6) calls on the Secretary of State and the Administrator
of the United States Agency for International Development--
(A) to continue providing financial and technical
assistance to support the organizing of free, fair, and
peaceful national elections, and support the inclusion
and civic education of youth, women, and rural
populations; and
(B) to ensure the continuance of United States
assistance that is delivered through national and
international nongovernmental organizations,
particularly assistance in support of improved
democracy and governance and humanitarian needs.
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