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

<DOC>
                                                       Calendar No. 436
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, Mr. Booker, Mr. Coons, Mr. Merkley, Mrs. 
  Feinstein, Mr. Isakson, Mr. Cardin, and Mr. Menendez) submitted the 
 following resolution; which was referred to the Committee on Foreign 
                               Relations

                              May 24, 2018

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


 
   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
Whereas the people of the United States 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 DRC 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 Nations 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, despite contributions in billions of dollars in development, 
        peacekeeping, humanitarian, and diplomatic support from the United 
        States and the international community over the past two decades, 
        persistent insecurity has plagued the DRC and a perpetual humanitarian 
        crisis is devolving rapidly further as a result of President Kabila's 
        continued effort to maintain the presidency;
Whereas the natural wealth of the DRC is monopolized by a narrow few and enabled 
        by endemic corruption, regional proxy conflict, and poor governance, 
        which together have promoted insecurity and resulted in rates of 
        internal displacement, disease, and mortality approaching the highest in 
        the world;
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 Congolese state 
        security forces have repeatedly responded to peaceful protestors with 
        violence including assaults on Catholic communities;
Whereas American Michael Sharp and Swede Zaida Catalan, members of the United 
        Nations Group of Experts, were assassinated in 2017 while investigating 
        reports of atrocities by state security forces in the Kasai region, and 
        there has been little effort made by the Government of the DRC to 
        cooperate with any independent investigation into these murders; and
Whereas members of the opposition have been targeted, arrested, harassed, and 
        violently attacked by security forces: Now, therefore, be it
    Resolved, That the Senate--
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (4) calls on the Government of the DRC to complete 
        concrete steps towards holding elections, including--</DELETED>
                <DELETED>    (A) issuance of district-level voter 
                registration figures;</DELETED>
                <DELETED>    (B) completion of any legislation to 
                enable redistricting;</DELETED>
                <DELETED>    (C) fulfillment of the constitutionally 
                required step of ``calling the electorate'';</DELETED>
                <DELETED>    (D) publication of the final list of 
                presidential and parliamentary candidates; 
                and</DELETED>
                <DELETED>    (E) holding presidential, parliamentary, 
                and provincial elections by December 23, 
                2018;</DELETED>
        <DELETED>    (5) calls on the opposition to take all steps 
        possible within the DRC to support and promote immediate free, 
        fair, and inclusive elections; and</DELETED>
        <DELETED>    (6) urges the President of the United States, in 
        close coordination with regional and international partners, 
        to--</DELETED>
                <DELETED>    (A) use appropriate means to provide 
                appropriate electoral assistance to support the 
                organization of credible elections as soon as possible; 
                and</DELETED>
                <DELETED>    (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.</DELETED>
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 its 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 the 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 Democratic Republic of 
        the Congo to complete concrete steps towards holding elections, 
        including--
                    (A) issuance of district-level voter registration 
                data;
                    (B) completion of 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;
            (6) welcomes United States Government sanctions targeting 
        several senior security officials and other individuals 
        responsible for human rights abuses, impeding democracy, and 
        gross corruption in the DRC;
            (7) encourages the careful vetting of all planned United 
        States assistance to Congolese state security forces to ensure 
        that its impact and importance to United States national 
        security objectives outweigh the potential damage to United 
        States interests that might result in working with the state 
        security services of the DRC;
            (8) notes the importance of continued unity among the 
        international community that untested, un-piloted technology, 
        such as electronic voting machines, given their high cost, risk 
        of failure, and potential for manipulation, should not be used 
        if a credible election process is intended to benefit all 
        Congolese citizens;
            (9) calls on the Government of the Democratic Republic of 
        the Congo to cooperate with United States, Swedish, and United 
        Nations officials to enable a credible and independent 
        investigation of the killing of Michael Sharp and Zaida 
        Catalan, and to identify and bring to justice those responsible 
        for their murder;
            (10) calls on the Government of the Democratic Republic of 
        the Congo to end political arrests and free political 
        detainees, including youth activists, in support of a credible 
        and inclusive electoral environment; and
            (11) urges the President of the United States, in close 
        coordination with regional and other international partners, to 
        use appropriate means--
                    (A) to provide appropriate electoral assistance to 
                support the organization of credible elections in the 
                DRC by December 23, 2018; and
                    (B) to deter further electoral calendar slippage 
                and abuses against the people of Congo, including 
                through the consideration of targeted sanctions against 
                high-level DRC officials, including close associates of 
                President Joseph Kabila responsible for further delay 
                of or impediment to elections or otherwise maintaining 
                President Kabila's rule beyond the constitution's two-
                term limit.




                                                       Calendar No. 436

115th CONGRESS

  2d Session

                              S. RES. 386

_______________________________________________________________________

                               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.

_______________________________________________________________________

                              May 24, 2018

      Reported with an amendment and an amendment to the preamble