[Congressional Record (Bound Edition), Volume 154 (2008), Part 1]
[House]
[Pages 1474-1478]
[From the U.S. Government Publishing Office, www.gpo.gov]




 CALLING FOR A PEACEFUL RESOLUTION TO THE CURRENT ELECTORAL CRISIS IN 
                                 KENYA

  Mr. PAYNE. Mr. Speaker, I move to suspend the rules and agree to the 
concurrent resolution (H. Con. Res. 283) calling for a peaceful 
resolution to the current electoral crisis in Kenya, as amended.
  The Clerk read the title of the concurrent resolution.
  The text of the concurrent resolution is as follows:

                            H. Con. Res. 283

       Whereas on December 27, 2007, the citizens of Kenya went 
     peacefully to the polls to elect a new parliament and a new 
     President and signaled their commitment to democracy by 
     turning out in large numbers and, in some instances, waiting 
     in long lines to vote;
       Whereas on December 29, 2007, the opposition presidential 
     candidate, Raila Odinga, was reportedly over 300,000 votes 
     ahead of the incumbent with 90 percent of the precincts 
     reporting;
       Whereas on December 30, 2007, the head of the Electoral 
     Commission of Kenya (``ECK'') declared that Mwai Kibaki won 
     the presidential election by 197,000 votes;
       Whereas Mr. Kibaki was sworn in as President within an hour 
     of the announcement of the election results, despite serious 
     concerns raised about the legitimacy of the election results 
     by domestic and international observers;
       Whereas the lack of transparency in vote tallying, serious 
     irregularities reported by election observers, the 
     implausibility of the margin of victory, and the swearing in 
     of the Party of National Unity presidential candidate with 
     undue haste, all serve to undermine the credibility of the 
     presidential election results;
       Whereas the Government of Kenya imposed a ban on live media 
     that day, and shortly after the election results were 
     announced, in contravention of Kenyan law, the Government 
     also announced a blanket ban on public assembly and gave 
     police the authority to use lethal force;
       Whereas on January 1, 2008, 4 commissioners on the ECK 
     issued a statement which called into question the election 
     results announced by the Commission and called for a judicial 
     review;
       Whereas the head of the European Union Election Observation 
     Mission stated that ``Lack of transparency as well as a 
     number of verified irregularities . . . cast doubt on the 
     accuracy of the results of the presidential election as 
     announced by the ECK'' and called for an international audit 
     of the results;
       Whereas observers from the East African Community have 
     called for an investigation into irregularities during the 
     tallying process and for those responsible for such 
     irregularities to be held accountable;
       Whereas in 1991 President Daniel Arap Moi agreed to move 
     from one party rule to multi-party politics, and in 1992, 
     Kenyans voted in record numbers in the country's first multi-
     party election in almost 26 years;
       Whereas in 1997 Kenya held its second multi-party 
     elections, despite extremely high levels of tension between 
     the opposition and the ruling party;
       Whereas in 2002 the opposition succeeded in forming and 
     holding together a coalition that for the first time in 
     history ousted the ruling party from power, demonstrating to 
     Kenyans and Africans that incumbency and the entrenched clout 
     of a ruling party can be defeated through the ballot box;
       Whereas the violence and unrest in Kenya threatens to roll 
     back the democratic gains made over the past 17 years;
       Whereas more than 900 people have died and an estimated 
     250,000 people, 80,000 of whom are children, have been 
     displaced as a result of the violence;
       Whereas Kenya has been a valuable United States ally since 
     independence, providing the United States with access to its 
     military facilities and political support in the United 
     Nations, and has been an important ally in the war against 
     terrorism, especially since the United States embassy 
     bombings in Kenya and Tanzania in 1998;
       Whereas the political instability in Kenya is connected to 
     a larger struggle for democracy and is not merely the result 
     of tribal violence;
       Whereas continued violence and unrest could have serious 
     political, economic, and security implications for the entire 
     region; and
       Whereas the Assistant Secretary of State for African 
     Affairs has stated that ``serious flaws in the vote tallying 
     process damaged the credibility of the process'' and that the 
     United States should not ``conduct business as usual'' in 
     Kenya: Now, therefore, be it
       Resolved by the House of Representatives (the Senate 
     concurring), That the Congress--
       (1) commends the Kenyan people for their commitment to 
     democracy and respect for the democratic process as evidenced 
     by the high voter turnout and peaceful voting on election 
     day;
       (2) strongly condemns the ongoing violence in Kenya and 
     urges all parties concerned to immediately end use of 
     violence as a means to achieve their political objectives;
       (3) calls for a peaceful, negotiated settlement of the 
     conflict in Kenya;
       (4) calls on the 2 leading presidential candidates to 
     continue to accept external and internal assistance to help 
     find a solution to the current crisis which has the support 
     of the people of Kenya;
       (5) calls on Kenyan security forces to refrain from use of 
     excessive force and respect the human rights of Kenyan 
     citizens;
       (6) calls for those who are found guilty of committing 
     human rights violations to be held accountable for their 
     actions;
       (7) calls for an immediate end to the restrictions on the 
     media, and on the rights of peaceful assembly and 
     association;
       (8) condemns threats to civil society groups, journalists, 
     religious leaders, human rights activists, and all those who 
     are making every effort to achieve a peaceful, just, and 
     equitable political solution to the current electoral crisis;
       (9) calls on the international community, United Nations 
     aid organizations, and all neighboring countries to provide 
     assistance to those affected by violence and encourages the 
     use of all the diplomatic means at their disposal to persuade 
     relevant political actors to commit to a peaceful resolution 
     to the current crisis; and
       (10) urges the President of the United States to--
       (A) continue to support diplomatic efforts to facilitate a 
     dialogue between leaders of the Party of National Unity, the 
     Orange Democratic Movement, and other relevant actors that 
     will lead to the establishment of an interim or coalition 
     government in order to implement necessary constitutional 
     reforms, establish a mechanism to investigate the election 
     crisis, and address its root causes;
       (B) consider the imposition of targeted sanctions, 
     including a travel ban and asset freeze, on political leaders 
     and other relevant actors who refuse to engage in mediation 
     efforts to end the political crisis in the country; and
       (C) conduct a review of current United States aid to Kenya 
     for the purposes of restricting all non-essential assistance 
     to Kenya unless the parties are able to establish a peaceful 
     political resolution to the current crisis which is credible 
     to the Kenyan people.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Payne) and the gentleman from New Jersey (Mr. Smith) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey (Mr. Payne).


                             General Leave

  Mr. PAYNE. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days to revise and extend their remarks and include 
extraneous material on the concurrent resolution under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. PAYNE. Mr. Speaker, I rise in strong support of this resolution 
and yield myself such time as I may consume.
  Mr. Speaker, ``Kenya is at a crossroads.'' Those are the words spoken 
this morning by the chairman of the Human Rights Commission of Kenya in 
a hearing that I chaired on the current crisis today.
  Kenya had been considered a linchpin on economic and political 
stability in the East Africa region for decades. We always were proud 
of the accomplishments and the achievements of them, and we often 
pointed to Kenya as a beacon of how other African countries and 
countries throughout the developing world should move towards 
democracy. However, we have seen very sad occurrences during the past 
month or two. H. Con. Res. 283 seeks to address the unfortunate and 
still unfolding political crisis in Kenya.
  I went to Kenya last month to assess the situation and to encourage 
political, religious, community, and civil

[[Page 1475]]

society leaders to find a peaceful resolution to the current situation. 
I visited thousands of displaced children in Jamhuri showground and met 
with volunteers from diverse backgrounds. It was remarkable and 
encouraging to see Kenyans coming together to help their fellow 
citizens, donating food and material to those in need.
  Indeed, witnessing the violence and meeting the young victims was 
deeply troubling. Yet, I am confident that Kenyans will come out of 
this crisis united. Kenyans must put Kenya first.
  Kenyans of different religious, ethnic, and economic backgrounds live 
together peacefully in a region long marred by civil war and political 
chaos. Unfortunately, like the millions of Kenyans, the more than 
170,000 refugees from the Ogaden and Somalia regions in Kenya will also 
be affected, because when the central government is affected, those 
other people, refugees and other groups in need, are also affected, as 
will be the lives of so many others in the countries surrounding Kenya. 
Many depend on Kenya for economic and industrial progress for their 
countries to survive.
  On December 27, 2007, the citizens of Kenya went peacefully to the 
polls to elect a new parliament and a new president, despite the 
logistics challenges and long lines. More than 14 million Kenyans 
registered to vote. That is 82 percent of the eligible voters. An 
estimated 2,547 parliamentary candidates were qualified to run in the 
210 constituencies, a clear indication of the desire and the 
determination of Kenyans to participate and to be a part of the 
political process in their country.
  Incoming President Mwai Kibaki was hastily declared the winner by the 
Electoral Commission of Kenya, after a series of highly irregular 
events which cast significant doubt on his so-called victory. Let me be 
blunt: The election results announced by the ECK do not reflect the 
wishes of the Kenyan people. The people of Kenya voted for change. What 
they were given was more of the status quo.
  In reaction to what occurred, Kenyans went to the streets to express 
their frustration and anger. The protests soon turned violent, and it 
is still unfolding as we speak. More than 1,000 people have been killed 
and over 300,000 displaced as a result of unrest, including an 
estimated 80,000 children under the age of 5, and these young lives are 
being traumatized as we speak. Millions more have been adversely 
affected. Two members of the parliament from the opposition ODM were 
killed in January, reducing a five-member lead to three.
  The instability in Kenya continues to threaten and affect the 
economies of neighboring countries, imposing serious threats to 
regional stability, a fragile region in the first place. But this is 
going to make it even more fragile. The Kenyan economy has been hit 
hard and recovery may take a long time.
  H. Con. Res. 283 does several critical things. One, it strongly 
condemns the ongoing violence in Kenya and urges all parties concerned 
to immediately end the use of violence as a means to achieve their 
political objectives. It also calls for all parties to participate in 
good faith and dialogue mediated by former United Nations Secretary 
General Kofi Annan, and asks President Bush to consider imposing asset 
freezes and travel bans on leaders in the Party of National Unity, the 
Orange Democratic Movement, and other relevant actors who refuse to 
engage in this dialogue to end the current crisis.
  Additionally, the resolution calls for the international community to 
respond to the grave humanitarian needs of the people of Kenya and all 
neighboring countries to provide assistance to those affected by the 
violence.

                              {time}  1545

  At the same time, it calls for a review of our assistance to Kenya 
and restrict any nonhumanitarian assistance.
  Before concluding, though, I would like to point out that U.S. 
diplomatic efforts in the wake of the election have not been stellar. 
Indeed, the response to the Kenyan election crisis proves beyond a 
doubt that some of the administration officials are too quick to 
embrace a government that engages in electoral abuses and overlook 
rather than condemn its electoral and human rights abuses.
  We saw this happen in the 2005 elections in Ethiopia. We must proceed 
carefully and thoughtfully and work with our partners in the EU and AU 
to help resolve this crisis. I also want to emphasize a very critical 
point. Despite statements by some to the contrary, what is happening in 
Kenya is not an ethnic conflict. It is a political conflict with ethnic 
overtones.
  We must look closely at the historical and political context to 
really understand and to avoid making additional mistakes on how we 
characterize what is happening today in Kenya. However, if political 
leaders in Kenya do not make a serious effort to stop the violence now 
and address the systemic problems that exist in their political 
structures, the violence we are seeing could certainly reach a point of 
no return.
  Once that happens, it will be very difficult to stop. It is critical 
that a transitional coalition government is established with a clear 
mandate to implement necessary reforms such as a new constitution, a 
new electoral law, a new electoral commission, and address the root 
causes of the crisis and prepare the country for transparent 
Presidential elections within 2 years. The people of Kenya deserve no 
less.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I rise in strong support of H. Con. Res. 283, addressing 
the current crisis in Kenya. I, like much of the world, was shocked by 
the violence that followed the December 27 elections in Kenya, a 
country that has proven to be a great friend and ally of the United 
States over the years.
  My heart and my condolences, as well as that of every Member of this 
Chamber, go out to the victims of this violence and their families, 
some 1,000 people who have been killed since that fateful election day.
  There have been shocking events that few of us expected to see in 
Kenya, protesters shot by police, gangs with machetes butchering 
innocents, a crowd of people, including women and children, burned 
alive in a church. Two opposition parliamentarians, as Mr. Payne just 
pointed out, have been gunned down since the violence began. Now some 
300,000 people have fled their homes, have fled their neighbors, and 
remain displaced. They are virtual refugees within their own country. 
Aid workers tell us that about 80,000 of these internally displaced 
people are children under the age of 5.
  The priority for everyone has to be to stop the violence and to end 
the killing. In addition, we must examine the context in which the 
violence erupted in the first place.
  The broad strokes of what happened during and after the December 27 
elections are now well known. Millions of Kenyans voted that day in the 
country's fourth multiparty elections and it is a testament to the 
Kenyan people that some 14.2 million people, 82 percent of all eligible 
voters, were registered to vote. I won't recite the polling numbers or 
give an autopsy of the election, but suffice it to say that at some 
point the system went terribly wrong.
  The European Union said the elections were ``marred by a lack of 
transparency which raised concerns about the accuracy and final results 
of this election.'' Election observers from the East African community 
also raised serious concerns about the elections, and eventually the 
United States, too, asserted that ``serious flaws in the vote tallying 
damaged the credibility of the process.''
  I want to commend my friend and colleague, Chairman Payne, for his 
leadership on this issue. I joined him to cosponsor this resolution, 
which calls for an end to the violence and an end to restrictions on 
the media. It condemns threats to human rights activists and others who 
are working for a peaceful solution to this crisis. It calls on 
President Kibaki and the challenger, Mr. Odinga, to work together for a 
mediated solution to this crisis.

[[Page 1476]]

  The U.S. must do all that it can to encourage them to move in this 
direction. The resolution emphasizes our hope that this dialogue will 
lead to an establishment of an interim or coalition government that can 
enact constitutional reform and establish a mechanism to investigate 
this crisis.
  Mr. Speaker, I urge strong support and backing for H. Con. Res. 283.
  I reserve the balance of my time.
  Mr. PAYNE. Mr. Speaker, I reserve the balance of my time.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield 4 minutes to the 
distinguished gentleman from California (Mr. Royce).
  Mr. ROYCE. I would like to begin by commending the gentleman from New 
Jersey, Chairman Payne, of the Africa Subcommittee. I want to thank him 
for introducing this resolution that addresses the troublesome violence 
that is occurring today in Kenya, and I would like to recognize the 
good work of the subcommittee's ranking member, Mr. Smith, as well.
  Mr. Speaker, the situation in Kenya has been described. Since the 
post-election violence erupted at the end of December, we know that now 
over 1,000 Kenyans have been killed. We know that a quarter million 
souls have been forced to flee from their homes. Many of these homes 
have been burned. Many individuals have been burned. As this resolution 
notes, international observers found the election to be seriously 
flawed, implicating the government. Today, as Kenya's politicians fight 
for power, its people suffer and some of those people are suffering 
terribly.
  This resolution calls on President Mwai Kibaki and opposition 
candidate Raila Odinga to accept external assistance to find their way 
out of this. This has been occurring of late with the former U.N. 
Secretary General bringing about some progress. But without this, the 
factions seem incapable of moving ahead on their own.
  The resolution also calls for holding accountable those responsible 
for violence. Widespread violence can almost always be traced back to 
ringleaders. That was the case in Rwanda, where a small band sparked a 
genocide. Kenyans don't want their country ripped apart, but a small 
number of recruiters, I suspect, are leading it in that way. We should 
do our best to let would-be killers, including government officials, 
know that the world is watching and they will face the consequences if 
they incite violence.
  The State Department's top official charged with Africa recently 
called the violence ``ethnic cleansing.'' We cannot be complacent. The 
potential for violence spiraling upward should never be discounted. 
This is the reason, of course, that our Peace Corps is leaving Kenya.
  Looking back a few months, the U.S. and the international community 
was complacent and somewhat naive about the Kenyan elections. News 
reports and analysts expressed surprise over the election violence. I 
chaired the Africa Subcommittee for 8 years working with Chairman 
Payne. There is a tendency, an understandable one, to see African 
``successes,'' and Kenya has been described as one. While many African 
countries have made progress, many African countries face fundamental 
and very difficult challenges that leave them very vulnerable. A better 
realization of that, a more realistic view, I think, would lead to a 
better Africa policy.
  Kenya is a very important country. Its economy is key to East Africa. 
This violence has been economically devastating to many Kenyans. We 
have terrorism concerns in the region. So we have humanitarian and 
other reasons, other reasons besides just the question of the 
inhumanity here to help Kenyans move forward. It is Kenyans themselves 
who must look within to help get out of this crisis. But the U.S. and 
others should help, and this resolution calls for that help. I urge 
support for it, and I commend Chairman Payne for authoring it.
  Mr. PAYNE. Let me thank the gentleman from California and commend him 
for the outstanding work that he did as chairman of this subcommittee 
and his continued interest in the subcommittee's activities.
  I would like to say that I appreciate the gentleman from New Jersey 
cosponsoring this resolution, Mr. Smith, and Mr. Wolf, who has been a 
true real leader on issues in Africa, too. One of the things that I 
must say, as I already mentioned about Mr. Royce, that our Subcommittee 
on Africa, regardless of which political party tends to chair it, has 
worked in a bipartisan manner for the 20 years that I have been a 
member of the committee, sometimes in the majority, sometimes in the 
minority.
  But the thing that has been very encouraging is that in 95, 96 
percent of the time, I would say we are on the same page. We see things 
the same way. We might have to tweak a word or two here, but by and 
large, we have been able to move forward on so many important issues 
because of the bipartisan spirit.
  Once again, Mr. Royce, I appreciate your continued support, and, of 
course, Ranking Member Smith, who is not only doing a tremendous job 
here but with the Helsinki Commission, and for the fact that he is very 
interested in the situation in China, I appreciate your continued human 
rights efforts. It's a pleasure to work with you.
  Mr. KENNEDY. Mr. Speaker, will the gentleman yield?
  Mr. PAYNE. I yield to the gentleman from Rhode Island.
  Mr. KENNEDY. I want to thank the gentleman from New Jersey for his 
work in this area and just say, having just returned from another part 
of the world that has been turned upside down by election disturbances 
in Pakistan, with the assassination of Benazir Bhutto, it's clear to me 
that the United States' interest in monitoring elections is paramount 
because of the national security implications in all of these parts of 
the world, that we have election monitors stationed in all of these 
places of the world where there are elections.
  I know that the NDI and the NRI, the National Democratic Institute, 
National Republican Institute and these organizations that we promote 
as a country, we need to, as a Congress, continue to support those 
organizations because they are absolutely indispensable towards our 
national security in helping to secure better faith and confidence in 
these elections that are taking place around the world. If there is 
confidence in these elections, and, clearly, these elections have been 
called into dispute, especially here in Kenya, then there is going to 
be an unraveling of confidence, and, as we have seen, an occurrence of 
violence. That occurrence of violence is going to be destabilizing, not 
only to the region but also to our own national security interests.
  That is why I support this resolution and certainly want to salute my 
colleagues in saying that in the future, we need to do more to support 
these efforts of monitoring these elections and giving the support that 
they need on the ground to make sure that they really are transparent 
elections in every sense of the word.
  I thank the gentleman for his leadership.
  Mr. PAYNE. Let me thank you very much. Let me also commend you for 
the work that you continue to do in Cape Verde and other developing 
countries, and your work in Haiti certainly makes all of us proud.
  With that, Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. SMITH of New Jersey. Again, I want to thank Chairman Payne for 
his great leadership on this issue. We work very well together on that 
committee.
  Mr. Speaker, this was very important, and it is very important that 
we get a very strong vote by the House on behalf of the Payne 
resolution. We need to send a clear message to Kenya that we are 
watching, that we care deeply about what is unfolding there, and that 
we stand in solidarity there with those who have lost loved ones, with 
the IDPs and others.
  We want a robust democracy in Kenya because they want a robust 
democracy in Kenya. The people deserve it. We thought they had it to 
some extent.
  I think the chairman's mention of Ethiopia was a very important one. 
We thought Ethiopia was moving in the

[[Page 1477]]

right direction. An election was held. It was seriously marred with 
irregularities, and then a series of killings followed thereafter. 
That's still a very unsettled part of the world as well. Again, I want 
to thank the chairman for his important resolution.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in strong support 
of H. Con. Res. 283, calling for a peaceful resolution to the current 
electoral crisis in Kenya, introduced by my distinguished colleague 
from New Jersey, Chairman Payne. This important legislation commends 
the Kenyan people for their significant strides towards democracy and 
calls for the peaceful resolution of their current electoral crisis.
  As a senior Member of the Committee on Foreign Affairs as well as the 
Subcommittee on Africa and Global Health, I am deeply concerned with 
the current crisis in Kenya. It saddens me to see the once relatively 
stable country of Kenya explode into chaotic violence, which has left 
more than 900 people dead and forced 300,000 people from their homes. 
Democracy must move forward in Kenya, and the cry for clear, 
transparent and peaceful elections must not go unheard by the 
international community. As Kenya's political crisis also becomes a 
humanitarian emergency, with over 300,000 people displaced from their 
homes and the distribution of food aid halted, experts have begun to 
warn of a looming health crisis. It is vital for the people of Kenya 
that we work rapidly to bring this conflict to a peaceful conclusion.
  This important legislation denounces Kenyan security forces from 
using unwarranted force and urges them to respect the human rights of 
Kenyan citizens. This legislation further condemns the callous 
terrorization to civil society groups, journalists, religious leaders, 
and civil rights leaders.
  While Kenya has long been an important friend and ally to the United 
States, at times our relationship has been strained due to concerns 
about corruption and human rights conditions in the sub-Saharan nation. 
However, this intricate relationship has been recently renewed and 
reinvigorated with the advent of the 1992 multiparty elections in 
Kenya. The people of Kenya have shown a desire and commitment for 
democracy that is unprecedented and sets a new standard for the region. 
Their unparalleled commitment to democracy and respect for the 
democratic process is indicated in the high voter turnout and peaceful 
voting on election day.
  On December 27, 2007, the desire of the Kenyan nation for a 
meaningful change in politics and the revival of democracy was manifest 
in the millions of Kenyans who took to the polls. The months preceding 
the December elections showed opposition candidate Raila Odinga leading 
in the polls over incumbent President Mwai Kibaki. Amidst domestic and 
international cries of polling irregularities, the Electoral Commission 
of Kenya declared President Kibaki as the winner.
  It is not the election itself but rather the aftermath of the 
elections and a way forward that concerns us here today. The Kenyan 
Constitution authorizes the establishment of the Electoral Commission 
of Kenya, ECK. While the ECK is comprised of 22 commissioners, 19 of 
the commissioners were appointed by President Kibaki last year, which 
is authorized by the Kenyan Constitution. What is not authorized was 
the appointment of the new commissioners without proper consultation 
with opposition parties, which violated the Inter-Parliamentary Parties 
Group Agreement of 1997. While the ECK quickly declared President 
Kibaki the winner, the chairman of the commission later admitted that 
he ``was under intense political pressure from powerful political 
leaders and the ruling party.'' Furthermore, press reports quote the 
Kenya Electoral Commission Chairman Samuel M. Kivuitu as stating that 
``the day he went to deliver the certificate declaring Kibaki the 
winner, he saw the chief justice already at the State House reportedly 
waiting to swear in Kibaki.'' The swearing-in ceremony itself was so 
rushed that it is said organizers forgot to include the national anthem 
in the program. Mr. Speaker, to call these events ``irregularities'' as 
the ECK commissioners and ECK staff have conceded, is a vast 
understatement. In order for Kenya to continue moving forward on its 
current democratic trajectory, elections must be transparent, free, and 
fair, none of which were seen in the December 27 election. This 
legislation calls upon the two leading presidential candidates to 
accept offers of external and internal assistance to help find a 
solution to the current crisis that has the support of the people of 
Kenya.
  What is equally disturbing was the United States' reaction to this 
electoral crisis. While the EU observers criticized the election for 
its myriad of inconsistencies, on December 30, the United States 
government reportedly congratulated President Kibaki for his victory. 
In a recently released report, the EU concluded, ``the 2007 general 
elections have fallen short of key international and regional standards 
for democratic elections. Most significantly, they were marred by a 
lack of transparency in the processing and tallying of presidential 
results, which raises concerns about the accuracy of the final results 
of this election.'' Following both regional and international uproar, 
the United States seemingly changed its position in January as 
Assistant Secretary of State for African Affairs, Jendayi Frazer, 
declared that ``serious flaws in the vote tallying process damaged the 
credibility of the process.'' Such inconsistency on the part of 
diplomatic corps of the United States sends a poor message to our 
friends and allies struggling for democracy across the sea.
  As outrage over the electoral results permeated throughout the 
country, so too did spontaneous demonstrations of anger and ultimately 
violence. Recent statistics reported by the UN and Kenyan sources state 
that since late December more than 900 people have been killed and an 
estimated 300,000 displaced, including some 80,000 children under the 
age of five. International observers have proclaimed that while some 
protestors died due to mob violence, many others were reportedly shot 
and killed by police. While the Kenya military did not engage in riot 
control for most of January, press reports and Kenyan sources state 
that Kenyan police and security were given authority to use lethal 
force to dissipate mobs. In the wake of the disputed election results, 
the Kenyan government banned demonstrations and initiated media 
restrictions, which seem to have further stoked the fire.
  Mr. Speaker, with the intolerable number of Kenyans dead and 
displaced, it is imperative that the United States play a meaningful 
role in resolving the current crises. With, two failed international 
missions, it is time that we rethink our strategy in addressing the 
current crisis.
  The ongoing violence as a means to achieve political objectives in 
Kenya must come to a halt. We need the superior support of the United 
Nations to assist those affected by violence, and use all the 
diplomatic means to persuade relevant political actors to commit to a 
peaceful resolution to the crisis. This legislation emphasizes 
precisely these issues.
  I strongly urge my colleagues to join me in supporting this extremely 
important legislation that arbitrates for the Kenyan people.
  Mr. RANGEL. Mr. Speaker, I rise today to express my full support for 
H. Con. Res. 283, the calling for a peaceful resolution to the current 
electoral crisis in Kenya.
   I applaud the people of Kenya for pursuing their right to democracy. 
Democracy is a fundamental right to be shared by all. Voting is at the 
core of a democratic society and conveys the will of the people. I 
encourage the Kenyan government to work diligently and quickly to 
restore order to their nation. Violence should not be used as a means 
by which to achieve political objectives.
   After the devastating bombing of the U.S. embassies in 1998, Kenya 
became a crucial ally in the global war against terrorism. Thus, the 
welfare and stability of the Kenyan people is of concern to the United 
States. I am hopeful the leadership and strength that prevailed during 
that crisis will rise and put an end to the current devastating 
violence.
  I encourage the Kenyan leaders on all sides to welcome the U.N. human 
rights teams to investigate the violent acts that have destroyed the 
confidence of the citizens of Kenya. In doing so, the government can 
slowly start to rebuild the trust of its citizens.
   Therefore, I urge Kenyan officials to do everything humanly possible 
to end the unprecedented bloodshed and violence. It is unsettling to 
hear that over 1,000 people have lost their lives and more than 300,000 
have been displaced.
   Kenya was hailed as a great example of democracy for other African 
nations to emulate. I look forward to the day when Kenya returns to its 
pursuit of democracy.
  I urge my colleagues to support this bill. I applaud the Kenyan 
people for standing up for democracy and their right to a democratic 
government.
  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I rise today to 
recognize House Concurrent Resolution 283, calling for a peaceful 
resolution to the current electoral crisis in Kenya.
  As a result of the elections held on December 27, 2007 chaos has 
erupted in Kenya. It was suspected that the administration police were 
used to rig elections in favor of Part of National Unity aligned to 
President Kibaki. During the announcement of the results from different 
polling stations, it was discovered that there were serious 
inconsistencies between results released at the polling stations and

[[Page 1478]]

those that were announced by Electoral Commission of Kenya.
  Since then, Kenya has been experiencing civil war and people are 
suffering. As the people of Kenya face ongoing violence, they stay 
strong in proclaiming, through electoral process, their country 
deserves a fair democracy. I praise the courage and commitment of the 
Kenyan citizens towards democracy. We must support their efforts 
towards liberty and justice by persuading the international community.
  With passage of this legislation, the international community, United 
Nations aid organizations, and all neighboring countries are called 
upon to assist those affected by violence and asked to use diplomatic 
means to persuade relevant political actors to commit to a peaceful 
resolution to the crisis.
  On behalf of the 30th Congressional District of Texas, I am honored 
to support passage of House Concurrent Resolution 283.

                              {time}  1600

  Mr. SMITH of New Jersey. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. Payne) that the House suspend the rules 
and agree to the concurrent resolution, H. Con. Res. 283, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. PAYNE. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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