[Congressional Record Volume 164, Number 20 (Tuesday, January 30, 2018)]
[Senate]
[Page S584]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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SENATE RESOLUTION 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

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

                              S. Res. 386

       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
       Resolved, 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 the 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 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 DRC to complete concrete 
     steps towards holding elections, including--
       (A) issuance of district-level voter registration figures;
       (B) completion of any 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; and
       (6) urges the President of the United States, in close 
     coordination with regional and international partners, to--
       (A) use appropriate means to provide appropriate electoral 
     assistance to support the organization of credible elections 
     as soon as possible; and
       (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.

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