[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 36 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
S. RES. 36

   Reinforcing the United States-Nigeria relationship and urging the 
Government of Nigeria to conduct free, fair, transparent, and inclusive 
                           elections in 2023.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 7, 2023

   Mr. Menendez (for himself and Mr. Risch) submitted the following 
  resolution; which was referred to the Committee on Foreign Relations

_______________________________________________________________________

                               RESOLUTION


 
   Reinforcing the United States-Nigeria relationship and urging the 
Government of Nigeria to conduct free, fair, transparent, and inclusive 
                           elections in 2023.

Whereas Nigeria is the most populous democracy in Africa;
Whereas Nigeria remains one of the United States closest partners in Africa, 
        with billions of dollars of United States aid and investment per year 
        going towards key areas of governance, health, education, energy, and 
        finance, and democracy in Nigeria continues to be a strategic priority;
Whereas Nigeria has the largest economy in Africa and plays an essential role in 
        the economic growth and development of West Africa and continent-wide;
Whereas the United States-Nigeria trade relationship, supported by the African 
        Growth and Opportunity Act (AGOA) (19 U.S.C. 3701 et seq.) and foreign 
        direct investment, further connects our two countries' economies;
Whereas Nigeria's leadership in the Economic Community of West African States 
        (ECOWAS) underscores Nigeria's position on upholding democracy and 
        adherence to transfer of power through constitutional means;
Whereas the 2023 electoral process in Nigeria is scheduled to include a 
        presidential election, 28 governor elections, 469 Federal lawmaker 
        elections, and 36 State House of Assembly elections that may test the 
        very foundation of democracy in Nigeria;
Whereas the United States supports peaceful, credible elections in Nigeria in 
        keeping with the democratic aspirations of the Nigerian people;
Whereas the United States, through key multilateral and nongovernmental 
        international organizations, has provided support to increase voter 
        participation, access, education, and safety in elections since 
        Nigeria's transition to multi-party democracy in 1999;
Whereas the 2019 Nigerian presidential and state-level elections were marred by 
        election-related violence, last-minute delays, widespread vote buying, 
        and disinformation, and had the lowest voter turnout in a presidential 
        election since the return to civilian rule in 1999;
Whereas, after the 2019 elections, Nigerian citizens made a resounding call for 
        electoral reforms to address violence, corruption, and political party 
        conduct within the country's political system;
Whereas, over numerous election cycles, Nigerian civil society has developed 
        significant capacities to impartially observe elections, conduct civic 
        and voter education programs, and hold government officials accountable 
        to democratic values;
Whereas the 2019 international election observation report published by the 
        National Democratic Institute and the International Republican Institute 
        noted that ``political parties remain the weakest link among Nigeria's 
        nascent democratic institutions,'' a sentiment shared by other citizen 
        and international election observation missions, and emphasized the need 
        for political party reforms to promote stronger internal democracy 
        mechanisms, the further inclusion of women and young people in the 
        political process, and the adherence to election codes of conduct and 
        the legal framework by political parties;
Whereas despite the low voter turnout in the 2019 elections, a 2022 
        Afrobarometer poll indicated that 70 percent of Nigerians favor 
        democracy over any other kind of government;
Whereas, since 2019, Nigeria has taken integral steps to advance transparency 
        and inclusion in elections, including through key provisions passed as 
        part of the Electoral Act, 2022;
Whereas the Electoral Act, 2022 calls for, among other things, an earlier 
        release of election funding for the Independent National Electoral 
        Commission (INEC), the electronic transmission of results, and the 
        enfranchisement of voters with physical and mental disabilities;
Whereas the people of Nigeria continue to advocate for stronger democratic 
        values, governmental accountability, and the full implementation of the 
        Electoral Act, 2022 in advance of presidential elections in 2023;
Whereas President Muhammadu Buhari has committed to a ``peaceful transfer of 
        power to an elected democratic government'' in 2023, and has pledged to 
        ensure that ``elections are conducted in a free, fair, and transparent 
        manner''; and
Whereas Nigeria continues to suffer from a multitude of security issues, 
        including banditry, terrorism, ethnic violence, religious intolerance, 
        and a lack of accountability for human rights abuses attributed to state 
        security forces: Now, therefore, be it
    Resolved, That the Senate--
            (1) reiterates the United States commitment to democracy 
        and good-governance in Nigeria and underscores the support of 
        the United States for all people of Nigeria to be able to 
        participate in free, inclusive, and fair elections;
            (2) commends the Government of Nigeria on the passage of 
        the Electoral Act, 2022, which signals the intent of the 
        Government of Nigeria to strengthen its administration of 
        elections, and emphasizes the need for fair and transparent 
        electoral processes;
            (3) applauds the work of the many Nigerian civil society 
        organizations that continually work to advocate for and support 
        the implementation of key election reforms, bolster civic 
        education, demand accountability for actions of the government 
        and security personnel, and embolden women and youth 
        participation in politics;
            (4) encourages all Nigerians to exercise their right to 
        vote and to refrain from all acts of electoral violence, voter 
        malfeasance, vote buying and selling, inflammatory speech and 
        disinformation, and any other actions that undermine free and 
        fair elections in Nigeria;
            (5) condemns violence perpetrated by Boko Haram, ISWAP, and 
        numerous other insurgent and bandit groups that has impacted 
        millions of Nigerians and displaced hundreds of thousands in 
        neighboring Chad, Niger, and Cameroon;
            (6) calls on the Government of Nigeria to fully implement 
        the various reforms included in the Electoral Act, 2022, and 
        to--
                    (A) fund INEC to its fullest capacity to 
                independently administer free, fair, and credible 
                elections;
                    (B) ensure that Nigerian citizens can safely vote 
                in elections, free of voter intimidation and violence 
                perpetrated by security forces, bandits, paid political 
                disruptors, and armed insurgents;
                    (C) remain independent from political interference 
                by candidates, appointed or elected officials, 
                political parties, and state security forces;
                    (D) work with INEC to ensure that elections are 
                held as scheduled;
                    (E) partner with civil society organizations, the 
                United States Department of State, and the United 
                States Agency for International Development on programs 
                that promote and fund good-governance, civic education, 
                and voter access;
                    (F) work meaningfully to reduce domestic tensions 
                within Nigeria; and
                    (G) support effective sub-national elections 
                through State Independent Electoral Commissions;
            (7) urges INEC to--
                    (A) ensure equitable access for voter registration, 
                the distribution of Permanent Voter Cards (PVCs) and 
                voter rolls, and ensure that the Bimodal Voter 
                Accreditation System (BVAS) accurately allows for only 
                one vote per person;
                    (B) maintain and publicly share accurate pre- and 
                post-election voter turnout data;
                    (C) hold candidates, elected officials, and 
                political parties accountable for electoral law 
                violations, and take steps to prosecute all those who 
                engage in voter intimidation, vote buying, and all 
                other forms of electoral malfeasance;
                    (D) coordinate with civil society groups that help 
                advance voter education, voter registration, and 
                election observation;
                    (E) minimize bureaucratic hurdles for accreditation 
                of citizen and international observers and ensure they 
                have unfettered access to all aspects of the electoral 
                process; and
                    (F) work with the United Nations and the 
                international community to enfranchise millions of 
                Nigerian citizens that have become internally displaced 
                due to violent conflict;
            (8) urges political parties in Nigeria to undertake reforms 
        that reinforce democratic values and good-governance, including 
        by--
                    (A) holding candidates, elected officials, and 
                party operators accountable for efforts to interfere 
                with elections, including vote buying, voter 
                intimidation, and electoral violence;
                    (B) addressing financial and other barriers that 
                routinely block women and young people from 
                participating or running for elected office; and
                    (C) addressing electoral corruption, patronage, and 
                clientelism;
            (9) calls upon the United States Government and the 
        international community to continue to invest in programs aimed 
        at advancing voter education, electoral security, conflict 
        mitigation, electoral dispute resolution, anti-corruption 
        efforts, as well as the development of political parties in 
        Nigeria, including--
                    (A) funding pre- and post-election data collection 
                with the Government of Nigeria and INEC in accordance 
                with the best election data maintenance and 
                accessibility practices to ensure there is a free open 
                source for post-election data that is transparent and 
                permanently available to the public;
                    (B) supporting the right of Nigerian citizens to 
                vote in elections that are free, fair, credible, and 
                consistent with international democratic standards;
                    (C) promoting accountability for any individual 
                that seeks to use violence, intimidation, or corrupt 
                electoral practices to undermine peaceful credible 
                elections in Nigeria, including through consideration 
                of targeted financial and travel sanctions;
                    (D) enabling citizen and international observation 
                initiatives unfettered access to observe and issue 
                reports on the pre-election, election day, and post-
                election processes, including independent verification 
                of election results to the greatest extent possible; 
                and
                    (E) working alongside the Government of Nigeria to 
                call out and address disinformation about the electoral 
                process or from malign external actors;
            (10) calls on candidates running for the office of the 
        president, governor, and Federal and state elected offices to 
        publicly commit to peace and to pursue the resolution of 
        election disputes through peaceful means; and
            (11) calls on the Secretary of State to pursue diplomatic 
        engagement to encourage a peaceful and transparent electoral 
        process in Nigeria in 2023, including by coordinating efforts 
        among various United States Government agencies and departments 
        to further good governance, strengthen democratic and electoral 
        institutions in Nigeria, and prevent intercommunal violence.
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