[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 485 Agreed to Senate (ATS)]
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114th CONGRESS
2d Session
S. RES. 485
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 9, 2016
Mr. Flake (for himself, Mr. Coons, Mr. Isakson, Mr. Durbin, Mr. Rubio,
Mr. Murphy, Mrs. Shaheen, and Mr. Markey) submitted the following
resolution; which was referred to the Committee on Foreign Relations
July 14, 2016
Reported by Mr. Corker, with an amendment and an amendment to the
preamble and an amendment to the title
September 13, 2016
Considered, amended, and agreed to with an amended preamble and an
amendment to the title
_______________________________________________________________________
RESOLUTION
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.
Whereas the United States and the Democratic Republic of the Congo (``DRC'')
have a partnership grounded in economic development, investment, and
mutual interests in security and stability, and marked by efforts to
address the protracted humanitarian crisis facing the DRC;
Whereas in 2006, the Government of the DRC adopted a new constitution with a
provision limiting the President to two consecutive terms;
Whereas the constitution requires that elections be held in time for the
inauguration of a new president on December 19, 2016, when the current
presidential term expires;
Whereas events in the DRC over the last year and a half have called into serious
question the commitment of the Government of the DRC to hold such
elections on the required timeline, and President Joseph Kabila has not
publicly committed to stepping down at the end of his term;
Whereas security and intelligence officials of the DRC have arrested, harassed,
and detained peaceful activists (such as Fred Bauma and Yves
Makwambala), members of civil society, political leaders, and others,
and international and domestic human rights groups have reported on the
worsening of the human rights situation in the DRC;
Whereas there are 12 presidential elections slated to take place on the
continent of Africa by the end of 2017, and what transpires in the DRC
will send an important message to leaders in the region;
Whereas President Barack Obama spoke with President Kabila on March 31, 2015,
and ``emphasized the importance of timely, credible, and peaceful
elections that respect the Constitution of the DRC and protect the
rights of all DRC citizens'';
Whereas, on March 30, 2016, the United Nations Security Council unanimously
adopted Resolution 2277, which expresses deep concern with ``the delays
in the preparation of the presidential elections'' in the DRC and
``increased restrictions of the political space in the DRC'' and 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 many observers have expressed concern that failure to move ahead with
elections in the DRC could lead to violence and instability inside the
DRC, which could reverberate throughout the region;
Whereas, on June 23, 2016, the Department of the Treasury imposed sanctions
against General Celestin Kanyama, the Congolese National Police (PNC)
Provincial police commissioner for Kinshasa, the capital city of the
DRC; and
Whereas the Department of the Treasury noted that these sanctions send a ``clear
message that the United States condemns the regime's violence and
repressive actions, especially those of Celestin Kanyama, which threaten
the future of democracy for the people of the DRC'': Now, therefore, be
it
Resolved, That the Senate--
(1) expresses concern with respect to the failure of the
DRC to take actions required to hold elections in November 2016
as required by the Constitution of the DRC;
(2) recognizes that impunity and lack of effective rule of
law undermine democracy, and that the arrest and detention of
civil society activists and the harassment of political
opponents close political space and repress peaceful dissent;
(3) reaffirms its support for democracy and good governance
in sub-Saharan Africa;
(4) calls on the Government of the DRC and all other
parties to respect the Constitution of the DRC and to ensure a
free, open, peaceful, and democratic transition of power as
constitutionally required;
(5) urges the Government of the DRC to demonstrate
leadership and commitment to elections by accelerating concrete
steps towards holding elections, including voter registration
and protecting partisan political speech and activities;
(6) encourages the Government of the DRC and all other
relevant parties to engage now in a focused, urgent discussion
to advance the electoral process and reach consensus rapidly on
the way forward by establishing a detailed electoral calendar
for all elections and enabling the candidate selection and
campaign process; and
(7) urges the President of the United States, in close
coordination with regional and international partners, to--
(A) continuously verify that such necessary
technical dialogue occurs and proceeds in a time and
manner required to ensure the conduct of timely
elections;
(B) use appropriate means to ensure these
objectives, which may include imposition of additional
targeted sanctions on individuals or entities
responsible for violence and human rights violations
and undermining democratic processes in the DRC at any
point in the process; and
(C) continue United States policy with respect to
providing support for the organizing of free, fair, and
peaceful national elections.
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