[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 188 Reported in Senate (RS)]
<DOC>
Calendar No. 106
116th CONGRESS
1st Session
S. RES. 188
Encouraging a swift transfer of power by the military to a civilian-led
political authority in the Republic of the Sudan, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 2, 2019
Mr. Cruz (for himself, Mr. Durbin, Mr. Risch, Mr. Van Hollen, Mr.
Cramer, Mr. Blumenthal, Mr. Isakson, Mr. Merkley, Mr. Boozman, Ms.
Harris, Mr. Young, Mr. Coons, Mr. Roberts, Mr. Cardin, Mr. Hawley, Ms.
Klobuchar, Mr. Rubio, Mr. Graham, Mr. Peters, Ms. Smith, Mrs.
Feinstein, Ms. Warren, Ms. Baldwin, Mr. Booker, Mr. Braun, Mrs.
Gillibrand, Mr. Kaine, and Mr. Wyden) submitted the following
resolution; which was referred to the Committee on Foreign Relations
June 3, 2019
Reported by Mr. Risch, 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
Encouraging a swift transfer of power by the military to a civilian-led
political authority in the Republic of the Sudan, and for other
purposes.
Whereas the nation of Sudan has endured corrupt and brutal dictatorships for
most of its post-independence period since 1956;
Whereas President Omar al-Bashir came to power through a military coup in 1989,
and for the next three decades his government was responsible for
horrendous crimes in Sudan, especially Darfur, South Kordofan, Blue
Nile, and in what is now the Republic of South Sudan;
Whereas the United States Government designated Sudan a State Sponsor of
Terrorism on August 12, 1993, for its support to international terrorist
organizations and extremists, including elements of what would later be
known as al Qaeda;
Whereas more than two decades of civil war between President al-Bashir's
government and insurgents in southern Sudan resulted in more than
2,000,000 deaths and led to the eventual independence of South Sudan in
2011;
Whereas in 2003, President al-Bashir's government launched a ruthless crackdown
against insurgents and civilians in Darfur that killed at least 300,000
Sudanese and displaced 2,500,000 more, resulting in Congress and the
Administration of President George W. Bush in 2004 describing as
genocide the Government of Sudan's actions in Darfur;
Whereas in 2011, when conflict resumed in South Kordofan and Blue Nile states,
President al-Bashir's government conducted indiscriminate bombings and
raided villages, raping and killing civilians, and waged a campaign of
forced starvation in the Nuba Mountains region of South Kordofan that
displaced as many as 2,000,000 people;
Whereas, while the fighting between government forces and insurgents in Darfur
has subsided since 2016, when the government waged a large-scale
offensive before declaring a ceasefire, violent attacks against
civilians continue and humanitarian access remains restricted in some
opposition stronghold areas of Darfur, South Kordofan, and Blue Nile;
Whereas President al-Bashir remains the subject of two outstanding arrest
warrants from the International Criminal Court based on charges
including five counts of crimes against humanity, two counts of war
crimes, and three counts of genocide;
Whereas Sudan's economic crisis risks bringing the national economy to total
collapse, further raising the possibility of state failure and broader
regional destabilization that could threaten a wide array of United
States interests in East and North Africa and the Red Sea regions;
Whereas the people of Sudan have engaged since December 2018 in a wave of
peaceful protests throughout the country demanding an end to the
hegemony of President al-Bashir's brutal regime;
Whereas President al-Bashir's government unlawfully detained and tortured
hundreds of Sudanese during the protests, including political leaders,
journalists, doctors, unionists, and youth and women leaders, in
violation of the country's constitutional provisions guaranteeing free
speech, association, and assembly;
Whereas, on February 22, 2019, President al-Bashir declared a year-long
nationwide state of emergency and curfew, dissolving his government and
replacing state governors with senior security officers and expanding
the powers of Sudan's security forces;
Whereas when protesters in early April challenged President al-Bashir's decrees
and gathered in the tens of thousands in front of Sudan's military
headquarters in Khartoum to call for an end to the regime, some elements
of the security forces tried to disperse the crowds with violence,
leading to clashes between internal security forces and the military as
some soldiers sought to protect the protesters;
Whereas, on April 11, 2019, after five days of mass protests in front of their
headquarters, Sudan's military removed President al-Bashir from office
and the country's First Vice President and Minister of Defense, Lt.
General Awad Ibn Auf, announced he would lead a Transitional Military
Committee (``TMC'') that would rule the country for a two-year
transition period, in addition to the suspension of the Constitution,
dissolution of the National Assembly, and the imposition of a three-
month State of Emergency and nightly curfew;
Whereas Lt. General Abdel-Fattah Burnhan, former general inspector of the
Sudanese Armed Forces, who replaced Ibn Auf on April 12, 2019, as the
Chairman of the Transitional Military Council, said on April 21, 2019,
that the council was ``ready to hand over power tomorrow to a civilian
government agreed by political forces''; and
Whereas, the African Union Peace and Security Council convened on April 30,
2019, and reiterated its conviction that ``a military-led transition in
Sudan will be totally unacceptable and contrary to the will and
legitimate aspirations'' of the Sudanese people, expressed ``deep
regret'' that the military had not stepped aside, and, noting
negotiations were underway, demanded that the military hand over power
to a civilian-led transitional authority within 60 days: Now, therefore,
be it
Whereas the nation of Sudan has endured corrupt and brutal dictatorships for
most of its post-independence period since 1956;
Whereas President Omar al-Bashir came to power through a military coup in 1989,
and for the next three decades his government was responsible for
horrendous crimes in Sudan, especially in Darfur, South Kordofan, Blue
Nile, and in what is now the Republic of South Sudan;
Whereas the United States Government designated Sudan a State Sponsor of
Terrorism on August 12, 1993, for its support to international terrorist
organizations and extremists, including elements of what would later be
known as al Qaeda;
Whereas more than two decades of civil war between President al-Bashir's
government and insurgents in southern Sudan resulted in more than
2,000,000 deaths and led to the eventual independence of South Sudan in
2011;
Whereas in 2003, President al-Bashir's government launched a ruthless crackdown
against insurgents and civilians in Darfur that killed at least 300,000
Sudanese and displaced 2,500,000 more, resulting in Congress and the
Administration of President George W. Bush in 2004 describing as
genocide the Government of Sudan's actions in Darfur;
Whereas in 2011, when conflict resumed in South Kordofan and Blue Nile states,
President al-Bashir's government conducted indiscriminate bombings and
raided villages, raping and killing civilians, and waged a campaign of
forced starvation in the Nuba Mountains region of South Kordofan that
displaced as many as 2,000,000 people;
Whereas, while the fighting between government forces and insurgents in Darfur
has subsided since 2016, violent attacks against civilians continue and
humanitarian access remains restricted in some opposition stronghold
areas of Darfur, South Kordofan, and Blue Nile;
Whereas President al-Bashir remains the subject of two outstanding arrest
warrants from the International Criminal Court based on charges
including five counts of crimes against humanity, two counts of war
crimes, and three counts of genocide;
Whereas Sudan's economic crisis risks bringing the national economy to total
collapse, further increasing the possibility of state failure and
broader regional destabilization that could threaten a wide array of
United States interests in East and North Africa and the Red Sea
regions;
Whereas the people of Sudan have engaged since December 2018 in a wave of
peaceful protests throughout the country demanding an end to President
al-Bashir's brutal regime and pressing for a citizen-centered democratic
transition;
Whereas women have played a prominent role in the protest movement, helping
bring about the ouster of former President al-Bashir;
Whereas President al-Bashir's government unlawfully detained and tortured
hundreds of Sudanese during the protests, including political leaders,
journalists, doctors, unionists, and youth and women leaders, in gross
violation of international civil and human rights, and some of them
remain in detention;
Whereas on February 22, 2019, President al-Bashir declared a year-long
nationwide state of emergency and curfew, dissolved his government,
replaced state governors with senior security officers, and expanded the
powers of Sudan's security forces;
Whereas when protesters in early April challenged President al-Bashir's decrees
and gathered in the tens of thousands in front of Sudan's military
headquarters in Khartoum to call for an end to the regime, some elements
of the security forces tried to disperse the crowds with violence,
leading to clashes between internal security forces and the military as
some soldiers sought to protect the protesters;
Whereas on April 11, 2019, after five days of mass protests in front of their
headquarters, Sudan's military removed President al-Bashir from office
and the country's First Vice President and Minister of Defense, Lt.
General Awad Ibn Auf, announced he would lead a Transitional Military
Council that would rule the country for a two-year period, suspended the
Constitution, dissolved the National Assembly, and imposed a three-month
State of Emergency and nightly curfew;
Whereas Lt. General Abdel-Fattah al-Burhan, former general inspector of the
Sudanese Armed Forces, who replaced Lt. General Ibn Auf on April 12,
2019, as the chairman of the Transitional Military Council, said on
April 21, 2019, that the council was ``ready to hand over power tomorrow
to a civilian government agreed by political forces'';
Whereas the Rapid Support Forces, paramilitary forces led by Lt. General
Mohammed Hamdan Dagolo, also known as ``Hemmeti'', a former Janjaweed
leader who currently serves as the deputy chairman of the Transitional
Military Council, have been implicated by the United Nations Panel of
Experts in widespread violations of international humanitarian law that
human rights groups suggest may amount to war crimes, and have also been
accused of killing protesters during the recent uprising; and
Whereas, the African Union Peace and Security Council convened on April 30,
2019, and reiterated its conviction that ``a military-led transition in
Sudan will be totally unacceptable and contrary to the will and
legitimate aspirations'' of the Sudanese people, expressed ``deep
regret'' that the military had not stepped aside, and, noting
negotiations were underway, demanded that the military hand over power
to a civilian-led transitional authority within 60 days: Now, therefore,
be it
Resolved, That the Senate--
<DELETED> (1) encourages a swift transfer of power by the
military to a civilian-led political authority in Sudan that--
</DELETED>
<DELETED> (A) respects and reflects the legitimate
democratic aspirations of the people of Sudan;
and</DELETED>
<DELETED> (B) engages in a credible process of
democratization, governance, and security sector
reforms, and is transparent in how it measures such
progress;</DELETED>
<DELETED> (2) calls on the ruling authorities in Sudan to
take measurable steps to--</DELETED>
<DELETED> (A) respect the right to freedom of
association and expression;</DELETED>
<DELETED> (B) protect the rights of opposition
political parties, journalists, human rights defenders,
religious minorities, and nongovernmental organizations
to operate without interference;</DELETED>
<DELETED> (C) lift the bureaucratic restrictions on
and facilitate access for humanitarian relief
operations;</DELETED>
<DELETED> (D) introduce strong measures to create
transparency and address the structural corruption and
kleptocracy of the state; and</DELETED>
<DELETED> (E) pursue accountability for serious
crimes and human rights abuses;</DELETED>
<DELETED> (3) expresses solidarity with the people of Sudan,
and urges the United States Government to provide diplomatic,
technical, and targeted financial assistance for efforts to
advance a peaceful transfer of power and a civilian-led
transition period that allows for the peaceful resolution of
Sudan's conflicts and creates the conditions under which timely
democratic elections can be held that will meet international
standards and be overseen by credible domestic and
international electoral observers;</DELETED>
<DELETED> (4) encourages the African Union to continue
supporting the Sudanese people's aspirations for democracy,
justice, and peace; and</DELETED>
<DELETED> (5) emphasizes that until a transition to a
credible civilian-led government that reflects the aspirations
of the Sudanese people is established, the process to consider
removing Sudan from the State Sponsor of Terrorism List,
lifting any other remaining sanctions on Sudan, or normalizing
relations with the Government of Sudan will continue to be
suspended.</DELETED>
That the Senate--
(1) supports the African Union Peace and Security Council's
initial two-week deadline urging a swift transfer of power by
the military to a civilian-led political authority in Sudan
that--
(A) has a civilian character and composition
reflecting the will of the Declaration of Freedom and
Change Forces leading negotiations on behalf of
citizens; and
(B) immediately begins a transparent process
leading to credible elections and security sector
reforms;
(2) calls on the ruling authorities in Sudan to--
(A) respect the right to freedom of association and
expression;
(B) protect the rights of opposition political
parties, journalists, human rights defenders, religious
minorities, nongovernmental organizations, and civic
movements to operate without interference;
(C) lift the bureaucratic restrictions on and
facilitate access for humanitarian relief operations;
(D) introduce strong measures to create
transparency and address the structural corruption and
kleptocracy of the state;
(E) pursue accountability for serious crimes and
human rights abuses by former President al-Bashir's
regime and elements of the security forces under the
control of the Transitional Military Council; and
(F) release remaining political prisoners and
refrain from arbitrary arrest, detention, and torture;
(3) urges the United States Government to support efforts
to advance a peaceful transfer of power and a civilian-led
transition period that creates the conditions under which
timely democratic elections can be held that will meet
international standards and be overseen by credible domestic
and international electoral observers, and for the peaceful
resolution of Sudan's conflicts;
(4) encourages the African Union and its member states to
continue supporting the Sudanese people's aspirations for
democracy, justice, and peace;
(5) expresses concern that the participation in the
transitional government of individuals who have been implicated
in possible war crimes would undermine efforts to restore peace
and democracy and pursue justice and accountability in Sudan;
(6) emphasizes that until a transition to a credible
civilian-led government that reflects the aspirations of the
Sudanese people is established, the process to consider
removing Sudan from the State Sponsor of Terrorism List,
lifting any other remaining sanctions on Sudan, or normalizing
relations with the Government of Sudan will continue to be
suspended; and
(7) stands in solidarity with the people of Sudan and their
aspirations for a democratic, participatory government.
Calendar No. 106
116th CONGRESS
1st Session
S. RES. 188
_______________________________________________________________________
RESOLUTION
Encouraging a swift transfer of power by the military to a civilian-led
political authority in the Republic of the Sudan, and for other
purposes.
_______________________________________________________________________
June 3, 2019
Reported with an amendment and an amendment to the preamble