[Congressional Record Volume 162, Number 138 (Tuesday, September 13, 2016)]
[Senate]
[Pages S5677-S5678]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ENCOURAGING THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF THE CONGO TO
ABIDE BY CONSTITUTIONAL PROVISIONS REGARDING THE HOLDING OF
PRESIDENTIAL ELECTIONS IN 2016
Mr. GARDNER. Mr. President, I ask unanimous consent that the Senate
proceed to the consideration of Calendar No. 574, S. Res. 485.
The PRESIDING OFFICER. The clerk will report the resolution by title.
The senior assistant legislative clerk read as follows:
A resolution (S. Res. 485) to encourage the Government of
the Democratic Republic of the Congo to abide by
constitutional provisions regarding the holding of
presidential elections in 2016, with the aim of ensuring a
peaceful and orderly democratic transition of power.
There being no objection, the Senate proceeded to consider the
resolution, which had been reported from the Committee on Foreign
Relations, with an amendment and an amendment to the preamble and an
amendment to the title.
(Strike out all after the resolving clause and insert the part
printed in italic.)
(Strike the preamble and insert the part printed in italic.)
Whereas the United States and the Democratic Republic of
the Congo (``DRC'') have a partnership grounded in economic
development, investment, and mutual interests in security and
stability, and marked by efforts to address the protracted
humanitarian crisis facing the DRC;
Whereas, in 2006, the Government of the DRC adopted a new
constitution with a provision limiting the President to two
consecutive terms;
Whereas the constitution requires that elections be held in
time for the inauguration of a new president on December 19,
2016, when the current presidential term expires;
Whereas events in the DRC over the last year and a half
have called into serious question the commitment of the
Government of the DRC to hold such elections on the required
timeline, and President Joseph Kabila has not publicly
committed to stepping down at the end of his term;
Whereas security and intelligence officials of the DRC have
arrested, harassed, and detained peaceful activists (such as
Fred Bauma and Yves Makwambala), members of civil society,
political leaders, and others, and international and domestic
human rights groups have reported on the worsening of the
human rights situation in the DRC;
Whereas there are 12 presidential elections slated to take
place on the continent of Africa by the end of 2017, and what
transpires in the DRC will send an important message to
leaders in the region;
Whereas President Barack Obama spoke with President Kabila
on March 31, 2015, and ``emphasized the importance of timely,
credible, and peaceful elections that respect the
Constitution of the DRC and protect the rights of all DRC
citizens'';
[[Page S5678]]
Whereas, on March 30, 2016, the United Nations Security
Council unanimously adopted Resolution 2277, which expresses
deep concern with ``the delays in the preparation of the
presidential elections'' in the DRC and ``increased
restrictions of the political space in the DRC'' and calls
for ensuring ``the successful and timely holding of
elections, in particular presidential and legislative
elections on November 2016, in accordance with the
Constitution'';
Whereas many observers have expressed concern that failure
to move ahead with elections in the DRC could lead to
violence and instability inside the DRC, which could
reverberate throughout the region;
Whereas, on June 23, 2016, the Department of the Treasury
imposed sanctions against General Celestin Kanyama, the
Congolese National Police (PNC) Provincial police
commissioner for Kinshasa, the capital city of the DRC; and
Whereas the Department of the Treasury noted that these
sanctions send a ``clear message that the United States
condemns the regime's violence and repressive actions,
especially those of Celestin Kanyama, which threaten the
future of democracy for the people of the DRC'': Now,
therefore, be it
Resolved, That the Senate--
(1) expresses concern with respect to the failure of the
DRC to take actions required to hold elections in November
2016 as required by the Constitution of the DRC;
(2) 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;
(3) reaffirms its support for democracy and good governance
in sub-Saharan Africa;
(4) calls on the Government of the DRC and all other
parties to respect the Constitution of the DRC and to ensure
a free, open, peaceful, and democratic transition of power as
constitutionally required;
(5) urges the Government of the DRC to demonstrate
leadership and commitment to elections by accelerating
concrete steps towards holding elections, including voter
registration and protecting partisan political speech and
activities;
(6) encourages the Government of the DRC and all other
relevant parties to engage now in a focused, urgent
discussion to advance the electoral process and reach
consensus rapidly on the way forward by establishing a
detailed electoral calendar for all elections and enabling
the candidate selection and campaign process; and
(7) urges the President of the United States, in close
coordination with regional and international partners, to--
(A) continuously verify that such necessary technical
dialogue occurs and proceeds in a time and manner required to
ensure the conduct of timely elections;
(B) use appropriate means to ensure these objectives, which
may include imposition of additional targeted sanctions on
individuals or entities responsible for violence and human
rights violations and undermining democratic processes in the
DRC at any point in the process; and
(C) continue United States policy with respect to providing
support for the organizing of free, fair, and peaceful
national elections.
Mr. GARDNER. Mr. President, I ask unanimous consent that the
committee-reported amendment to the resolution be agreed to; the
resolution, as amended, be agreed to; the committee-reported amendment
to the preamble be agreed to; the preamble, as amended, be agreed to;
and that the committee-reported title amendment be agreed to; and,
finally, that the motions to reconsider be considered made and laid
upon the table with no intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported amendment in the nature of a substitute was
agreed to.
The resolution (S. Res. 485), as amended, was agreed to.
The committee-reported amendment to the preamble in the nature of a
substitute was agreed to.
The preamble, as amended, was agreed to.
The committee-reported title amendment was agreed to, as follows:
Amend the title so as to read: ``A resolution urging the
Government of the Democratic Republic of the Congo to comply
with constitutional limits on presidential terms and fulfill
its constitutional mandate for a democratic transition of
power in 2016.''.
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