[Congressional Record (Bound Edition), Volume 159 (2013), Part 4]
[Senate]
[Pages 5625-5627]
[From the U.S. Government Publishing Office, www.gpo.gov]




                   STANDING WITH THE PEOPLE OF KENYA

  Mr. WYDEN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 42, S. Res. 90.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 90) standing with the people of Kenya 
     following their national and local elections on March 4, 
     2013, and urging a peaceful and credible resolution of 
     electoral disputes in the courts.

  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, as follows:
  (Strike all after the resolving clause and insert the part printed in 
italic.)
  (Strike the preamble and insert the part printed in italic.)

                               S. Res. 90

       Whereas the Governments of the United States and Kenya have 
     long shared a strong bilateral partnership, and Kenya plays a 
     critically important role as a cornerstone of stability in 
     East Africa and as a valued ally of the United States;
       Whereas Kenya's disputed 2007 presidential election 
     threatened the country's stability and its democratic 
     trajectory, triggering an explosion of violence that resulted 
     in the deaths of some 1,140 civilians and displaced nearly 
     600,000, some of whom have still not returned home;
       Whereas a mediation effort by former United Nations 
     Secretary-General Kofi Annan and an African Union Panel of 
     Eminent African Personalities, supported by the United 
     States, led to the signing of the National Accord on February 
     28, 2008, which led to a series of constitutional, electoral, 
     and institutional reforms to address underlying causes of the 
     crisis;
       Whereas, as part of that reform process, the citizens of 
     Kenya participated in a national referendum in August 2010, 
     approving a new constitution that mandated significant 
     institutional and structural changes to the government;
       Whereas those constitutional changes have led to important 
     reforms in the judicial sector and the electoral system in 
     Kenya that aim to build greater public confidence in 
     government institutions, and which demonstrate meaningful 
     progress;
       Whereas Kenya's Independent Commission of Inquiry into the 
     Post-Election Violence (the ``Waki Commission'') concluded 
     from its investigation in 2008 that there had been ``no 
     serious effort by any government'' to punish perpetrators of 
     previous incidents of ethnic and political violence, leading 
     to a culture of impunity that contributed to the crisis that 
     followed the 2007 elections, and, since then, despite 
     laudable judicial reforms, few perpetrators or organizers of 
     that violence have been held accountable for their crimes in 
     Kenyan courts;
       Whereas, based on the findings of the Waki Commission, 
     mediator Kofi Annan submitted a list of key suspects to the 
     Office of the Prosecutor of the International Criminal Court 
     (ICC) in 2009, and several have been subsequently charged at 
     the ICC with crimes against humanity;
       Whereas the Department of State's 2011 Human Rights Report 
     on Kenya notes, ``Widespread impunity at all levels of 
     government continued to be a serious problem. The government 
     took only limited action against security forces suspected of 
     unlawful killings, and impunity in cases of corruption was 
     common. Although the government took action in some cases to 
     prosecute officials who committed abuses, impunity . . . was 
     pervasive'';
       Whereas President Barack Obama's Strategy on Sub-Saharan 
     Africa, released in June 2012, states that the United States 
     will not stand by while actors ``. . . manipulate the 
     fairness and integrity of democratic processes, and we will 
     stand in steady partnership with those who are committed to 
     the principles of equality, justice and the rule of law'';
       Whereas, in a February 2013 message to the people of Kenya, 
     President Obama highlighted the power Kenyan communities have 
     to reject intimidation and violence surrounding the upcoming 
     election, resolve disputes in the courts as opposed to the 
     streets, and ``move forward towards prosperity and 
     opportunity that unleashes the extraordinary talents of your 
     people'';
       Whereas, five years after Kenya's post-election crisis, the 
     country held its first general elections under the new 
     constitution on March 4, 2013, which were largely peaceful;
       Whereas Kenya's presidential candidates and their political 
     parties committed themselves to a peaceful electoral process, 
     and to resolving any resulting disputes through the judicial 
     process;
       Whereas the Kenyan Supreme Court ruled on March 30, 2013, 
     that Uhuru Kenyatta was validly elected, and his opponents 
     pledged to respect and honor the decision of the Court;
       Whereas the White House issued a statement on March 30, 
     2013, stating, ``The electoral process and the peaceful 
     adjudication of disputes in the Kenyan legal system are 
     testaments to the progress Kenya has made in strengthening 
     its democratic institutions, and the desire of the Kenyan 
     people to move their country forward. Now is the time for 
     Kenyans to come together to fully implement the political, 
     institutional, and accountability reforms envisioned in the 
     Kenyan constitution. . ..We welcome and wish to underscore 
     the importance of Kenya's commitment to uphold its 
     international obligations, including those with respect to 
     international justice.''; and
       Whereas in his inauguration speech on April 9, 2013, 
     President Kenyatta said, ``I will lead all Kenyans - those 
     who voted for me - and those who voted for our competitors - 
     towards a national prosperity that is firmly rooted in a rich 
     and abiding peace in which unity can ultimately be realized. 
     . .Indeed, national unity will only be possible if we deal 
     decisively with some of the issues that continue to hinder 
     our progress. Achieving peace and strengthening unity will be 
     the goal of my Government. This work begins now. We welcome 
     all Kenyans to hold us to account.'': Now, therefore, be it
       Resolved,
       That the Senate--
       (1) congratulates the people of Kenya on their commitment 
     to peaceful elections, as demonstrated on March 4, 2013;
       (2) calls on Kenyans to come together to fully implement 
     political, institutional, and accountability reforms 
     envisioned in the Kenyan constitution;
       (3) calls on the people of Kenya to continue their efforts 
     to end intimidation, impunity, and violence;
       (4) notes that many of the underlying grievances that have 
     underpinned ethnic divisions and fueled the 2007-2008 
     violence remain largely unaddressed;
       (5) affirms that accountability for the 2007-2008 post-
     election violence is a critical element to ensure Kenya's 
     democracy, peace, and long-term stability;
       (6) calls on the Government of Kenya to respect commitments 
     to seek justice for the victims of political violence, 
     including by honoring its obligations under the Rome Statute 
     to cooperate fully with the International Criminal Court with 
     regard to the three cases that remain before the Court slated 
     to go to trial in 2013;
       (7) calls on the Government of Kenya to ensure the 
     International Criminal Court witnesses are fully protected 
     and not subject to interference but afforded the protections 
     they deserve to ensure justice is served;
       (8) recognizes that, while the Government of Kenya has made 
     important progress since the 2007 election, aspects of the 
     Kenyan reform agenda specified in the National Accord and 
     2010 constitution remain unfinished, particularly with regard 
     to police reform, devolution, land reform, and security;
       (9) encourages the people and Government of Kenya to 
     support ongoing implementation of

[[Page 5626]]

     constitutional reforms, rule of law, the establishment of 
     county level government and efforts to strengthen governance, 
     security, and judicial institutions that respect the dignity 
     and rights of all the people of Kenya and ensure protection 
     for judges;
       (10) supports the devolution process in order to enable 
     constitutional reform to be fully implemented;
       (11) encourages the Government of Kenya to respect and 
     protect the freedom of civil society organizations and 
     activists which have historically led the process of 
     political reform in Kenya;
       (12) expresses hope that newly elected members of 
     government will herald a new generation of responsible 
     leadership in Kenya; and
       (13) reaffirms that the people of the United States will 
     continue to stand with the people of Kenya in support of 
     democracy, partnership, and peace.

  Mr. WYDEN. Mr. President, I further ask 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; the committee-
reported title amendment be agreed to; and the motions to reconsider be 
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 to the resolution was agreed to.
  The resolution (S. Res. 90), as amended, was agreed to.
  The committee-reported amendment to the preamble was agreed to.
  The preamble, as amended, was agreed to.
  The resolution, as amended, with its preamble, as amended, reads as 
follows:

                               S. Res. 90

       Whereas the Governments of the United States and Kenya have 
     long shared a strong bilateral partnership, and Kenya plays a 
     critically important role as a cornerstone of stability in 
     East Africa and as a valued ally of the United States;
       Whereas Kenya's disputed 2007 presidential election 
     threatened the country's stability and its democratic 
     trajectory, triggering an explosion of violence that resulted 
     in the deaths of some 1,140 civilians and displaced nearly 
     600,000, some of whom have still not returned home;
       Whereas a mediation effort by former United Nations 
     Secretary-General Kofi Annan and an African Union Panel of 
     Eminent African Personalities, supported by the United 
     States, led to the signing of the National Accord on February 
     28, 2008, which led to a series of constitutional, electoral, 
     and institutional reforms to address underlying causes of the 
     crisis;
       Whereas as part of that reform process, the citizens of 
     Kenya participated in a national referendum in August 2010, 
     approving a new constitution that mandated significant 
     institutional and structural changes to the government;
       Whereas those constitutional changes have led to important 
     reforms in the judicial sector and the electoral system in 
     Kenya that aim to build greater public confidence in 
     government institutions, and which demonstrate meaningful 
     progress;
       Whereas Kenya's Independent Commission of Inquiry into the 
     Post-Election Violence (the ``Waki Commission'') concluded 
     from its investigation in 2008 that there had been ``no 
     serious effort by any government'' to punish perpetrators of 
     previous incidents of ethnic and political violence, leading 
     to a culture of impunity that contributed to the crisis that 
     followed the 2007 elections, and, since then, despite 
     laudable judicial reforms, few perpetrators or organizers of 
     that violence have been held accountable for their crimes in 
     Kenyan courts;
       Whereas based on the findings of the Waki Commission, 
     mediator Kofi Annan submitted a list of key suspects to the 
     Office of the Prosecutor of the International Criminal Court 
     (ICC) in 2009, and several have been subsequently charged at 
     the ICC with crimes against humanity;
       Whereas the Department of State's 2011 Human Rights Report 
     on Kenya notes, ``Widespread impunity at all levels of 
     government continued to be a serious problem. The government 
     took only limited action against security forces suspected of 
     unlawful killings, and impunity in cases of corruption was 
     common. Although the government took action in some cases to 
     prosecute officials who committed abuses, impunity . . . was 
     pervasive'';
       Whereas President Barack Obama's Strategy on Sub-Saharan 
     Africa, released in June 2012, states that the United States 
     will not stand by while actors ``. . . manipulate the 
     fairness and integrity of democratic processes, and we will 
     stand in steady partnership with those who are committed to 
     the principles of equality, justice and the rule of law'';
       Whereas, in a February 2013 message to the people of Kenya, 
     President Obama highlighted the power Kenyan communities have 
     to reject intimidation and violence surrounding the upcoming 
     election, resolve disputes in the courts as opposed to the 
     streets, and ``move forward towards prosperity and 
     opportunity that unleashes the extraordinary talents of your 
     people'';
       Whereas five years after Kenya's post-election crisis, the 
     country held its first general elections under the new 
     constitution on March 4, 2013, which were largely peaceful;
       Whereas Kenya's presidential candidates and their political 
     parties committed themselves to a peaceful electoral process, 
     and to resolving any resulting disputes through the judicial 
     process;
       Whereas the Kenyan Supreme Court ruled on March 30, 2013, 
     that Uhuru Kenyatta was validly elected, and his opponents 
     pledged to respect and honor the decision of the Court;
       Whereas the White House issued a statement on March 30, 
     2013, stating, ``The electoral process and the peaceful 
     adjudication of disputes in the Kenyan legal system are 
     testaments to the progress Kenya has made in strengthening 
     its democratic institutions, and the desire of the Kenyan 
     people to move their country forward. Now is the time for 
     Kenyans to come together to fully implement the political, 
     institutional, and accountability reforms envisioned in the 
     Kenyan constitution. . ..We welcome and wish to underscore 
     the importance of Kenya's commitment to uphold its 
     international obligations, including those with respect to 
     international justice.''; and
       Whereas in his inauguration speech on April 9, 2013, 
     President Kenyatta said, ``I will lead all Kenyans - those 
     who voted for me - and those who voted for our competitors - 
     towards a national prosperity that is firmly rooted in a rich 
     and abiding peace in which unity can ultimately be realized. 
     . .Indeed, national unity will only be possible if we deal 
     decisively with some of the issues that continue to hinder 
     our progress. Achieving peace and strengthening unity will be 
     the goal of my Government. This work begins now. We welcome 
     all Kenyans to hold us to account.'': Now, therefore, be it
       Resolved, That the Senate--
       (1) congratulates the people of Kenya on their commitment 
     to peaceful elections, as demonstrated on March 4, 2013;
       (2) calls on Kenyans to come together to fully implement 
     political, institutional, and accountability reforms 
     envisioned in the Kenyan constitution;
       (3) calls on the people of Kenya to continue their efforts 
     to end intimidation, impunity, and violence;
       (4) notes that many of the underlying grievances that have 
     underpinned ethnic divisions and fueled the 2007-2008 
     violence remain largely unaddressed;
       (5) affirms that accountability for the 2007-2008 post-
     election violence is a critical element to ensure Kenya's 
     democracy, peace, and long-term stability;
       (6) calls on the Government of Kenya to respect commitments 
     to seek justice for the victims of political violence, 
     including by honoring its obligations under the Rome Statute 
     to cooperate fully with the International Criminal Court with 
     regard to the three cases that remain before the Court slated 
     to go to trial in 2013;
       (7) calls on the Government of Kenya to ensure the 
     International Criminal Court witnesses are fully protected 
     and not subject to interference but afforded the protections 
     they deserve to ensure justice is served;
       (8) recognizes that, while the Government of Kenya has made 
     important progress since the 2007 election, aspects of the 
     Kenyan reform agenda specified in the National Accord and 
     2010 constitution remain unfinished, particularly with regard 
     to police reform, devolution, land reform, and security;
       (9) encourages the people and Government of Kenya to 
     support ongoing implementation of constitutional reforms, 
     rule of law, the establishment of county level government and 
     efforts to strengthen governance, security, and judicial 
     institutions that respect the dignity and rights of all the 
     people of Kenya and ensure protection for judges;
       (10) supports the devolution process in order to enable 
     constitutional reform to be fully implemented;
       (11) encourages the Government of Kenya to respect and 
     protect the freedom of civil society organizations and 
     activists which have historically led the process of 
     political reform in Kenya;
       (12) expresses hope that newly elected members of 
     government will herald a new generation of responsible 
     leadership in Kenya; and
       (13) reaffirms that the people of the United States will 
     continue to stand with the people of Kenya in support of 
     democracy, partnership, and peace.
Attest:
  The committee-reported title amendment was agreed to, as follows:

       Amend the title so as to read: ``A resolution 
     congratulating the people of Kenya on their commitment to 
     peaceful elections, as demonstrated on March 4, 2013, and 
     calling on Kenyans to come together to continue to implement 
     political, institutional, and accountability reforms 
     envisioned in the Kenyan constitution.''.

[[Page 5627]]



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