[Congressional Record Volume 164, Number 141 (Thursday, August 23, 2018)]
[Senate]
[Pages S5934-S5935]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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SENATE RESOLUTION 616--URGING THE GOVERNMENT OF KENYA TO RESPECT HUMAN 
    RIGHTS, PROTECT DEMOCRATIC SPACE FOR CIVIL SOCIETY, AND PROMOTE 
           TRANSPARENT AND ACCOUNTABLE DEMOCRATIC GOVERNANCE

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

                              S. Res. 616

       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--

[[Page S5935]]

       (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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