[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 485 Reported in Senate (RS)]

<DOC>
                                                       Calendar No. 574
114th CONGRESS
  2d Session
S. RES. 485

To encourage the Government of the Democratic Republic of the Congo to 
      abide by constitutional provisions regarding the holding of 
presidential elections in 2016, with the aim of ensuring a peaceful and 
                orderly democratic transition of power.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 9, 2016

Mr. Flake (for himself, Mr. Coons, Mr. Isakson, Mr. Durbin, Mr. Rubio, 
Mr. Murphy, and Mrs. Shaheen) 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
[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


 
To encourage the Government of the Democratic Republic of the Congo to 
      abide by constitutional provisions regarding the holding of 
presidential elections in 2016, with the aim of ensuring a peaceful and 
                orderly democratic transition of power.

Whereas the United States Government has supported and will continue to support 
        the principle that the people of the Democratic Republic of the Congo 
        (in this resolution referred to as ``the DRC'') should choose their own 
        government in accordance with their constitution and all relevant laws 
        and regulations;
Whereas the constitution of the DRC 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, on March 30, 2016, the United Nations Security Council adopted 
        Resolution 2277, which called upon the Government of the DRC and its 
        national partners, including the CENI (Independent National Electoral 
        Commission), ``to ensure a transparent and credible electoral process, 
        in fulfillment of their primary responsibility to create propitious 
        conditions for the forthcoming elections . . . scheduled for November 
        2016 in accordance with the Constitution'' and urged the Government of 
        the DRC and all relevant parties to ensure an electoral environment 
        conducive to a ``free, fair, credible, inclusive, transparent, peaceful, 
        and timely electoral process, in accordance with the Congolese 
        constitution'';
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 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 set an important example for the leaders of those countries; and
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 central Africa's Great Lakes 
        region: Now, therefore, be it
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--
        <DELETED>    (1) urges the Government of the DRC and all other 
        relevant parties to engage in a credible, independently 
        monitored, and technical dialogue to reach consensus on a way 
        forward on establishing a detailed electoral calendar and 
        organizing elections;</DELETED>
        <DELETED>    (2) urges the Government of the DRC to respect the 
        constitution of the DRC and, as constitutionally required, to 
        ensure a free, open, peaceful, and democratic transition of 
        power;</DELETED>
        <DELETED>    (3) expresses its solidarity with the people of 
        the DRC to choose their own government in an atmosphere free of 
        violence, threats, and intimidation by the government or other 
        parties, including the release of Fred Bauma and Yves 
        Makwambala;</DELETED>
        <DELETED>    (4) commits to maintain vigilance and scrutiny of 
        the electoral process in the DRC, to help ensure that all 
        United States Government activities contribute fully and 
        robustly to the above-mentioned objectives; and</DELETED>
        <DELETED>    (5) pledges to examine continuously the use of all 
        available and appropriate means to ensure these objectives, 
        including the imposition of targeted sanctions on individuals 
        or entities responsible for violence and human rights 
        violations and undermining democratic processes in the 
        DRC.</DELETED>
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.
            Amend the title so as to read: ``A 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.''.




                                                       Calendar No. 574

114th CONGRESS

  2d Session

                              S. RES. 485

_______________________________________________________________________

                               RESOLUTION

To encourage the Government of the Democratic Republic of the Congo to 
      abide by constitutional provisions regarding the holding of 
presidential elections in 2016, with the aim of ensuring a peaceful and 
                orderly democratic transition of power.

_______________________________________________________________________

                             July 14, 2016

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