[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 386 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
S. RES. 386

   Urging the Government of the Democratic Republic of the Congo to 
     fulfill its agreement to hold credible elections, comply with 
     constitutional limits on presidential terms, and fulfill its 
 constitutional mandate for a democratic transition of power by taking 
concrete and measurable steps towards holding elections not later than 
   December 2018 as outlined in the existing election calendar, and 
          allowing for freedom of expression and association.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 30, 2018

    Mr. Flake (for himself and Mr. Booker) 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 
     fulfill its agreement to hold credible elections, comply with 
     constitutional limits on presidential terms, and fulfill its 
 constitutional mandate for a democratic transition of power by taking 
concrete and measurable steps towards holding elections not later than 
   December 2018 as outlined in the existing election calendar, and 
          allowing for freedom of expression and association.

Whereas the United States people have a strong relationship with the people of 
        the Democratic Republic of the Congo (DRC) and a strong commitment to 
        the principles of democracy and adherence to the rule of law;
Whereas, in 2006, the Government of the DRC adopted a new constitution that 
        limited the President to two consecutive five-year terms, which for 
        President Joseph Kabila expired on December 19, 2016;
Whereas President Kabila swore to uphold the constitution of the DRC as part of 
        his oath of office;
Whereas the constitutionally required elections have not yet taken place;
Whereas citizens of the Democratic Republic of Congo have repeatedly demanded 
        that their constitutional right to elect a new President after two terms 
        be upheld and that President Kabila must therefore step down;
Whereas, on December 31, 2016, the National Episcopal Conference of Congolese 
        Bishops mediated a political agreement between the ruling coalition and 
        main opposition parties under which President Kabila is prohibited from 
        running for a third term, constitutional changes which would extend the 
        President's time in office are prohibited, and elections were to be held 
        before the end of 2017;
Whereas, on March 31, 2017, the United Nations Security Council adopted 
        Resolution 2348, which called for a ``swift implementation'' of the 
        December 2016 political agreement, including ``peaceful, credible, 
        inclusive and timely elections no later than December 2017, leading to a 
        peaceful transition of power'';
Whereas, on June 21, 2017, the United National Security Council adopted 
        Resolution 2360, which stressed ``the importance of the DRC and its 
        national partners taking all necessary steps to accelerate preparations 
        for the elections without further delays'';
Whereas, on November 5, 2017, the Congolese electoral commission released a 
        calendar that would delay elections until at least December 23, 2018, 
        while noting numerous ``constraints'' that could impact respect of this 
        calendar;
Whereas the failure to hold constitutionally required elections has increased 
        political uncertainty, violence, and instability inside the DRC, and the 
        United Nations Under-Secretary General for Humanitarian Affairs and 
        Emergency Relief Coordinator said that amid the political stalemate, 
        ``conflict is rapidly spreading across the country and in appalling 
        ways, even in a country blighted by violence and insecurity for 
        decades'';
Whereas political space in the DRC continues to be heavily restricted, as 
        evidenced by arrests and detention of members of the political 
        opposition, democratic activists, and journalists, and by restrictions 
        on fundamental freedoms such as speech and assembly; and
Whereas opposition have been targeted, arrested, harassed, and violently 
        attacked by security forces: Now, therefore, be it
    Resolved, That the Senate--
            (1) expresses concern that the Government of the Democratic 
        Republic of the Congo failed to hold elections in 2016 as 
        required by the Constitution and later failed to fulfill its 
        political commitment to hold elections in 2017;
            (2) expresses concern that the growing security, 
        humanitarian, and human rights crisis in the DRC is exacerbated 
        by the lack of a duly elected leadership;
            (3) 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;
            (4) calls on the Government of the DRC to complete concrete 
        steps towards holding elections, including--
                    (A) issuance of district-level voter registration 
                figures;
                    (B) completion of any legislation to enable 
                redistricting;
                    (C) fulfillment of the constitutionally required 
                step of ``calling the electorate'';
                    (D) publication of the final list of presidential 
                and parliamentary candidates; and
                    (E) holding presidential, parliamentary, and 
                provincial elections by December 23, 2018;
            (5) calls on the opposition to take all steps possible 
        within the DRC to support and promote immediate free, fair, and 
        inclusive elections; and
            (6) urges the President of the United States, in close 
        coordination with regional and international partners, to--
                    (A) use appropriate means to provide appropriate 
                electoral assistance to support the organization of 
                credible elections as soon as possible; and
                    (B) use appropriate means to deter further 
                electoral calendar slippage and abuses against the 
                Congolese people, including consideration of targeted 
                sanctions against high-level DRC officials, including 
                close associates of President Kabila responsible for 
                further delay or impediment to elections or otherwise 
                maintaining President Kabila's rule beyond the 
                constitution's two-term limit should any of the 
                election benchmarks fail to be met.
                                 <all>