[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 616 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
S. RES. 616

    Urging the Government of Kenya to respect human rights, protect 
    democratic space for civil society, and promote transparent and 
                   accountable democratic governance.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            August 23, 2018

    Mr. Booker (for himself, Mr. Flake, Mr. Durbin, and Mr. Coons) 
submitted the following resolution; which was referred to the Committee 
                          on Foreign Relations

_______________________________________________________________________

                               RESOLUTION


 
    Urging the Government of Kenya to respect human rights, protect 
    democratic space for civil society, and promote transparent and 
                   accountable democratic governance.

Whereas the United States has a serious interest in the democratic trajectory of 
        Kenya, as the United States and Kenya are partners with longstanding 
        mutual interests in East Africa and cooperate on a wide range of 
        economic and security issues;
Whereas unrest related to governance and ethnic tensions has periodically 
        threatened the standing of Kenya as a stable partner in the region;
Whereas the Department of State has identified abuses by security forces, 
        including ``unlawful killings, forced disappearances, and impunity'', as 
        among the most serious human rights problems in Kenya;
Whereas the 2017 Country Report on Human Rights Practices of the Department of 
        State for Kenya noted that, according to some human rights groups, the 
        number of extrajudicial killings by security forces was ``significantly 
        underestimated'' due to underreporting in poor areas, and the report 
        describes impunity as a major problem with respect to both violent 
        abuses and police corruption;
Whereas the tumultuous elections held in August and October 2017 were marred by 
        serious human rights violations perpetrated by security forces, who used 
        excessive force to break up protests and carry out house-to-house 
        operations in opposition strongholds;
Whereas Human Rights Watch reports that at least 67 people were shot or beaten 
        to death by police after the August 2017 elections;
Whereas the continued pattern of widespread sexual violence against women and 
        girls at the time of elections and the absence of appropriate post-
        violence care demonstrate a failure by the authorities of Kenya to 
        prevent, investigate, and hold perpetrators accountable for election-
        related gender-based violence;
Whereas, although the September 1, 2017, decision of the Supreme Court of Kenya 
        to nullify the results of the August 2017 election demonstrated the 
        independence of the judiciary, a result of reforms under the new 
        Constitution of Kenya, subsequent threats and attacks against judges, 
        disregard by government officials for court orders, and a more recent 
        effort by the Government of Kenya to cut the budget of the judiciary 
        raise concerns about respect for the separation of powers in Kenya;
Whereas, following the electoral victory of President Uhuru Kenyatta in October 
        2017, the Government of Kenya has targeted the media and access to 
        information, despite numerous public promises to safeguard press 
        freedom;
Whereas, more recently, journalists and civil society activists have raised 
        concerns that a new cybercrime law that criminalizes the publication of 
        ``fake news'' may be used to stifle press freedom;
Whereas reports of anti-riot police physically attacking journalists, senior 
        government officials threatening journalists, and arbitrary arrests and 
        kidnappings of journalists suggest a pattern of abuse and a closing of 
        civic space;
Whereas an independent, impartial media is crucial to ensure access to 
        information for the people of Kenya as afforded by the Constitution of 
        Kenya;
Whereas the lack of accountability for the police of Kenya and actions to limit 
        democratic space for civil society threaten to undermine the 
        Constitution of Kenya and the rule of law;
Whereas the religious, ethnic, and geographic diversity of the people of Kenya 
        is a source of strength and economic vitality for the country;
Whereas the courts of Kenya have made some progress in providing access to 
        justice, as demonstrated when the High Court agreed to hear a case, 
        brought by 3 rights groups representing the lesbian, gay, bisexual, and 
        transgender community (in this preamble referred to as the ``LGBT 
        community''), to challenge parts of the penal code seen as targeting the 
        LGBT community; and
Whereas the Government of Kenya must continue to work towards protecting the 
        human rights of the LGBT community in Kenya because many members of the 
        community continue to face harassment, threats, and violence: Now, 
        therefore, be it
    Resolved, That the Senate--
            (1) calls upon the Government of Kenya and President 
        Kenyatta--
                    (A) to enforce the rule of law by--
                            (i) publicly condemning all extrajudicial 
                        killings and other violations perpetrated by 
                        the security forces of Kenya;
                            (ii) ensuring that extrajudicial killings 
                        and other violations are investigated and 
                        prosecuted by an independent judicial inquiry, 
                        such as the Independent Policing Oversight 
                        Authority;
                            (iii) investigating the excessive use of 
                        force by the security forces; and
                            (iv) committing to provide reparations, 
                        including adequate compensation, for victims 
                        and their families;
                    (B) to secure human rights for all citizens of 
                Kenya, including members of the lesbian, gay, bisexual, 
                and transgender community;
                    (C) to safeguard press freedom, according full 
                respect to international law, by allowing open 
                reporting and commentary on any issues of pressing 
                public interest and by permitting journalists to 
                exercise the freedom of expression as provided for in 
                the Constitution of Kenya;
                    (D) to open up civic space by allowing individuals 
                to assemble peacefully, express their views freely, and 
                hold opinions without interference;
                    (E) to reform electoral processes and institutions, 
                including by providing support for accountability, as 
                part of a broader effort to address the history of 
                election-related violence in Kenya and prevent future 
                bloodshed;
                    (F) to provide access to independent courts for 
                citizens of Kenya who have suffered from intimidation, 
                corruption, and violence by the security forces of 
                Kenya and armed gangs; and
                    (G) to demonstrate greater respect for the 
                independence of the judiciary by complying with court 
                orders and ceasing actions or statements that may be 
                seen as seeking to intimidate judges;
            (2) urges the security forces of Kenya--
                    (A) to show restraint and refrain from any 
                unnecessary or excessive use of force, including 
                intimidation, kidnapping, extrajudicial raids, 
                confiscation, and killings;
                    (B) to carry out arrests and prosecutions in full 
                accordance with the rule of law and demonstrate 
                transparent due process; and
                    (C) to publicly acknowledge violations, conduct 
                speedy, impartial, thorough, and transparent 
                investigations, and hold those responsible to account 
                as a key step toward achieving justice for victims;
            (3) calls upon the leaders and citizens of Kenya to begin a 
        national conversation to build cohesion and address 
        longstanding issues; and
            (4) calls upon the President, the Secretary of State, and 
        other senior officials of the United States, as well as 
        international partners--
                    (A) to raise the issues described in this 
                resolution with President Kenyatta and the Government 
                of Kenya;
                    (B) to continue to support civil society and the 
                development of democratic institutions in Kenya; and
                    (C) to identify opportunities in which resources or 
                diplomatic engagement could contribute to moving 
                democracy forward in Kenya.
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