[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 485 Agreed to Senate (ATS)]

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114th CONGRESS
  2d Session
S. RES. 485

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

                              June 9, 2016

Mr. Flake (for himself, Mr. Coons, Mr. Isakson, Mr. Durbin, Mr. Rubio, 
   Mr. Murphy, Mrs. Shaheen, and Mr. Markey) submitted the following 
  resolution; which was referred to the Committee on Foreign Relations

                             July 14, 2016

   Reported by Mr. Corker, with an amendment and an amendment to the 
                 preamble and an amendment to the title

                           September 13, 2016

  Considered, amended, and agreed to with an amended preamble and an 
                         amendment to the title

_______________________________________________________________________

                               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 partnership grounded in economic development, investment, and 
        mutual interests in security and stability, and marked by efforts to 
        address the protracted humanitarian crisis facing the DRC;
Whereas in 2006, the Government of the DRC adopted a new constitution with a 
        provision limiting the President to two consecutive terms;
Whereas the constitution requires that elections be held in time for the 
        inauguration of a new president on December 19, 2016, when the current 
        presidential term expires;
Whereas events in the DRC over the last year and a half have called into serious 
        question the commitment of the Government of the DRC to hold such 
        elections on the required timeline, and President Joseph Kabila has not 
        publicly committed to stepping down at the end of his term;
Whereas security and intelligence officials of the DRC have arrested, harassed, 
        and detained peaceful activists (such as Fred Bauma and Yves 
        Makwambala), members of civil society, political leaders, and others, 
        and international and domestic human rights groups have reported on the 
        worsening of the human rights situation in the DRC;
Whereas there are 12 presidential elections slated to take place on the 
        continent of Africa by the end of 2017, and what transpires in the DRC 
        will send an important message to leaders in the region;
Whereas President Barack Obama spoke with President Kabila on March 31, 2015, 
        and ``emphasized the importance of timely, credible, and peaceful 
        elections that respect the Constitution of the DRC and protect the 
        rights of all DRC citizens'';
Whereas, on March 30, 2016, the United Nations Security Council unanimously 
        adopted Resolution 2277, which expresses deep concern with ``the delays 
        in the preparation of the presidential elections'' in the DRC and 
        ``increased restrictions of the political space in the DRC'' and calls 
        for ensuring ``the successful and timely holding of elections, in 
        particular presidential and legislative elections on November 2016, in 
        accordance with the Constitution'';
Whereas many observers have expressed concern that failure to move ahead with 
        elections in the DRC could lead to violence and instability inside the 
        DRC, which could reverberate throughout the region;
Whereas, on June 23, 2016, the Department of the Treasury imposed sanctions 
        against General Celestin Kanyama, the Congolese National Police (PNC) 
        Provincial police commissioner for Kinshasa, the capital city of the 
        DRC; and
Whereas the Department of the Treasury noted that these sanctions send a ``clear 
        message that the United States condemns the regime's violence and 
        repressive actions, especially those of Celestin Kanyama, which threaten 
        the future of democracy for the people of the DRC'': Now, therefore, be 
        it
    Resolved, That the Senate--
            (1) expresses concern with respect to the failure of the 
        DRC to take actions required to hold elections in November 2016 
        as required by the Constitution of the DRC;
            (2) recognizes that impunity and lack of effective rule of 
        law undermine democracy, and that the arrest and detention of 
        civil society activists and the harassment of political 
        opponents close political space and repress peaceful dissent;
            (3) reaffirms its support for democracy and good governance 
        in sub-Saharan Africa;
            (4) calls on the Government of the DRC and all other 
        parties to respect the Constitution of the DRC and to ensure a 
        free, open, peaceful, and democratic transition of power as 
        constitutionally required;
            (5) urges the Government of the DRC to demonstrate 
        leadership and commitment to elections by accelerating concrete 
        steps towards holding elections, including voter registration 
        and protecting partisan political speech and activities;
            (6) encourages the Government of the DRC and all other 
        relevant parties to engage now in a focused, urgent discussion 
        to advance the electoral process and reach consensus rapidly on 
        the way forward by establishing a detailed electoral calendar 
        for all elections and enabling the candidate selection and 
        campaign process; and
            (7) urges the President of the United States, in close 
        coordination with regional and international partners, to--
                    (A) continuously verify that such necessary 
                technical dialogue occurs and proceeds in a time and 
                manner required to ensure the conduct of timely 
                elections;
                    (B) use appropriate means to ensure these 
                objectives, which may include imposition of additional 
                targeted sanctions on individuals or entities 
                responsible for violence and human rights violations 
                and undermining democratic processes in the DRC at any 
                point in the process; and
                    (C) continue United States policy with respect to 
                providing support for the organizing of free, fair, and 
                peaceful national elections.
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