[Congressional Record (Bound Edition), Volume 162 (2016), Part 6]
[Senate]
[Pages 7530-7531]
[From the U.S. Government Publishing Office, www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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SENATE RESOLUTION 479--URGING THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC 
OF THE CONGO TO COMPLY WITH CONSTITUTIONAL LIMITS ON PRESIDENTIAL TERMS 
 AND FULFILL ITS CONSTITUTIONAL MANDATE FOR A DEMOCRATIC TRANSITION OF 
                             POWER IN 2016

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

                              S. Res. 479

       Whereas the United States and the Democratic Republic of 
     the Congo (``DRC'') have a history of partnership grounded in 
     economic investment and mutual interests in security and 
     stability, and marked by efforts to address the protracted 
     humanitarian crisis facing the country;
       Whereas in 2006, DRC adopted a new constitution with a 
     provision limiting the President to 2 consecutive terms;
       Whereas in 2006, Joseph Kabila was elected President in 
     what was widely viewed as a free and fair election;
       Whereas many respected international observers concluded 
     that President Kabila's reelection in 2011 was deeply flawed;
       Whereas President Kabila's second term and constitutional 
     mandate to serve as President of DRC ends on December 19, 
     2016;
       Whereas, for the past 2 years, President Kabila has used 
     administrative and technical means to try to delay the 
     presidential election, including--
       (1) by trying unsuccessfully to persuade the Parliament of 
     DRC--
       (A) to change the Constitution of DRC to allow him to run 
     for a third term; and
       (B) to pass a law requiring a multiyear census in advance 
     of the presidential election, which was widely seen as an 
     attempt to delay elections to allow President Kabila to 
     remain in power.
       (2) by failing to pass timely election laws or release 
     authorized election funding to the Independent National 
     Elections Commission;
       (3) by declaring that it will take the Government of DRC 
     between 16 and 18 months to revise the voter rolls; and
       (4) by enforcing nondemocratic and nonparticipatory 
     restrictions that limit the ability of the political 
     opposition to participate in the political process and the 
     role of civil society in DRC;
       Whereas mass popular demonstrations convinced President 
     Kabila to drop efforts to pass a law requiring a census in 
     January 2015, but not before security forces had killed at 
     least 36 protesters and jailed hundreds more;
       Whereas Congolese security and intelligence officials have 
     arrested, harassed, and

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     detained peaceful activists, members of civil society, 
     political leaders, and others who oppose President Kabila's 
     effort to unconstitutionally remain in power after the 
     expiration of his current term;
       Whereas President Obama spoke with President Kabila on 
     March 15, 2015, and ``emphasized the importance of timely, 
     credible, and peaceful elections that respect the 
     Constitution of DRC and protect the rights of all DRC 
     citizens'';
       Whereas observers view President Kabila's renewed call for 
     a National Dialogue as another attempt to delay the elections 
     and distract from the constitutional requirement for a 
     democratic succession of the presidency later this year;
       Whereas international and domestic human rights groups have 
     consistently reported on the worsening of the human rights 
     situation in DRC, including--
       (1) the use of excessive force by security forces against 
     peaceful demonstrators; and
       (2) an increase in politically motivated trials;
       Whereas the United Nations Organization Stabilization 
     Mission in the Democratic Republic of the Congo has 
     registered more than 312 human rights violations committed by 
     officials of the Government of DRC between January 2015 and 
     January 2016, most of which targeted political opponents, 
     civil society, and journalists;
       Whereas the Government of DRC issued an arrest warrant for 
     what appear to be politically motivated charges against a 
     leading opposition figure the week after he declared his 
     intent to run for President, and other political activists 
     remain in jail;
       Whereas on March 30, 2016, the United Nations Security 
     Council unanimously adopted Resolution 2277, which--
       (1) expresses deep concern with--
       (A) ``the delays in the preparation of the presidential 
     elections'' in DRC; and
       (B) ``increased restrictions of the political space in the 
     DRC''; and
       (2) calls for ensuring ``the successful and timely holding 
     of elections, in particular presidential and legislative 
     elections on November 2016, in accordance with the 
     Constitution'':
       Whereas President Kabila's refusal to publicly affirm that 
     he will step down when his constitutional mandate expires has 
     caused growing political tension, unrest, and violence across 
     DRC: Now, therefore, be it
       Resolved, That the Senate--
       (1) condemns--
       (A) actions by the Government of DRC to subvert the 
     Constitution of DRC and undermine democracy, including the 
     arrest and detention of civil society activists (such as Fred 
     Bauma and Yves Makwambala), the harassment of political 
     opponents, and its efforts to close political space and 
     punish peaceful dissent;
       (B) the failure of the Government of DRC to take timely 
     necessary measures to organize free and fair national 
     elections; and
       (C) violations of human rights and international 
     humanitarian law committed by security forces of the 
     Government of DRC;
       (2) reaffirms its support for democracy and good-governance 
     in sub-Saharan Africa that are free from political repression 
     and abuses of human rights;
       (3) calls on President Kabila's government--
       (A) to publicly and unequivocally commit to complete a 
     peaceful transfer of presidential power upon the expiration 
     of his mandate on December 19, 2016; and
       (B) to adhere to the Constitution of DRC and relinquish 
     power at the end of his term on December 19, 2016;
       (4) calls on the President of the United States--
       (A) in coordination with regional and international 
     partners and the United Nations, to impose targeted sanctions 
     on those officials of the Government of DRC who are 
     responsible for violence and human rights violations and 
     undermining the democratic processes or institutions in DRC, 
     including visa bans and asset freezes under Executive Order 
     13671 (79 Fed. Reg. 39947), based on actions that ``undermine 
     democratic processes or institutions,'' or that ``threaten 
     the peace, security, or stability'' of DRC; and
       (B) to consider lifting the sanctions described in 
     subparagraph (A) when the President determines that--
       (i) President Kabila--

       (I) has publicly and unequivocally stated that he will 
     complete a peaceful transfer of presidential power upon the 
     expiration of his mandate on December 19, 2016;
       (II) has made verified progress toward organizing and 
     holding timely free and fair national elections in accordance 
     with the Constitution of DRC; and
       (III) is respecting human and political rights for the 
     opposition and civil society; or

       (ii) a free and fair presidential election has been held in 
     DRC, in accordance with the Constitution of DRC, and a new 
     President has been sworn into office in DRC;
       (5) calls on the Secretary of State, the Secretary of 
     Defense, and the Administrator of the United States Agency 
     for International Development to review all United States 
     assistance to DRC, including security and economic 
     assistance, to ensure that such assistance is not being used 
     to support President Kabila's efforts to remain in power; and
       (6) calls on the Secretary of State and the Administrator 
     of the United States Agency for International Development--
       (A) to continue providing financial and technical 
     assistance to support the organizing of free, fair, and 
     peaceful national elections, and support the inclusion and 
     civic education of youth, women, and rural populations; and
       (B) to ensure the continuance of United States assistance 
     that is delivered through national and international 
     nongovernmental organizations, particularly assistance in 
     support of improved democracy and governance and humanitarian 
     needs.

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