[Congressional Record Volume 169, Number 25 (Tuesday, February 7, 2023)]
[Senate]
[Pages S269-S270]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      SENATE RESOLUTION 36--REINFORCING THE UNITED STATES-NIGERIA 
  RELATIONSHIP AND URGING THE GOVERNMENT OF NIGERIA TO CONDUCT FREE, 
           FAIR, TRANSPARENT, AND INCLUSIVE ELECTIONS IN 2023

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

                               S. Res. 36

       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;

[[Page S270]]

       (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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