[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 386 Agreed to Senate (ATS)]
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115th CONGRESS
2d Session
S. RES. 386
Urging the Government of the Democratic Republic of the Congo to
fulfill its agreement to hold credible elections, comply with
constitutional limits on presidential terms, and fulfill its
constitutional mandate for a democratic transition of power by taking
concrete and measurable steps towards holding elections not later than
December 2018 as outlined in the existing election calendar, and
allowing for freedom of expression and association.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 30, 2018
Mr. Flake (for himself, Mr. Booker, Mr. Coons, Mr. Merkley, Mrs.
Feinstein, Mr. Isakson, Mr. Cardin, and Mr. Menendez) submitted the
following resolution; which was referred to the Committee on Foreign
Relations
May 24, 2018
Reported by Mr. Corker, with an amendment and an amendment to the
preamble
July 16, 2018
Considered, amended, and agreed to with an amended preamble
_______________________________________________________________________
RESOLUTION
Urging the Government of the Democratic Republic of the Congo to
fulfill its agreement to hold credible elections, comply with
constitutional limits on presidential terms, and fulfill its
constitutional mandate for a democratic transition of power by taking
concrete and measurable steps towards holding elections not later than
December 2018 as outlined in the existing election calendar, and
allowing for freedom of expression and association.
Whereas the people of the United States have a strong relationship with the
people of the Democratic Republic of the Congo (DRC) and a strong
commitment to the principles of democracy and adherence to the rule of
law;
Whereas in 2006, the Government of the DRC adopted a new constitution that
limited the President to two consecutive five-year terms, which for
President Joseph Kabila expired on December 19, 2016;
Whereas President Kabila swore to uphold the constitution of the DRC as part of
his oath of office;
Whereas the constitutionally required elections have not yet taken place;
Whereas citizens of the DRC have repeatedly demanded that their constitutional
right to elect a new President after two terms be upheld and that
President Kabila must therefore step down;
Whereas, on December 31, 2016, the National Episcopal Conference of Congolese
Bishops mediated a political agreement between the ruling coalition and
main opposition parties under which President Kabila is prohibited from
running for a third term, constitutional changes which would extend the
President's time in office are prohibited, and elections were to be held
before the end of 2017;
Whereas, on March 31, 2017, the United Nations Security Council adopted
Resolution 2348, which called for a ``swift implementation'' of the
December 2016 political agreement, including ``peaceful, credible,
inclusive and timely elections no later than December 2017, leading to a
peaceful transition of power'';
Whereas, on June 21, 2017, the United Nations Security Council adopted
Resolution 2360, which stressed ``the importance of the DRC and its
national partners taking all necessary steps to accelerate preparations
for the elections without further delays'';
Whereas, on November 5, 2017, the Congolese electoral commission released a
calendar that would delay elections until at least December 23, 2018,
while noting numerous ``constraints'' that could impact respect of this
calendar;
Whereas the failure to hold constitutionally required elections has increased
political uncertainty, violence, and instability inside the DRC, and the
United Nations Under-Secretary General for Humanitarian Affairs and
Emergency Relief Coordinator said that amid the political stalemate,
``conflict is rapidly spreading across the country and in appalling
ways, even in a country blighted by violence and insecurity for
decades'';
Whereas despite contributions in billions of dollars in development,
peacekeeping, humanitarian, and diplomatic support from the United
States and the international community over the past two decades,
persistent insecurity has plagued the DRC and a perpetual humanitarian
crisis is devolving rapidly further as a result of President Kabila's
continued effort to maintain the presidency;
Whereas the natural wealth of the DRC is monopolized by a narrow few and enabled
by endemic corruption, regional proxy conflict, and poor governance,
which together have promoted insecurity and resulted in rates of
internal displacement, disease, and mortality approaching the highest in
the world;
Whereas political space in the DRC continues to be heavily restricted, as
evidenced by arrests and detention of members of the political
opposition, democratic activists, and journalists, and by restrictions
on fundamental freedoms such as speech and assembly, and Congolese state
security forces have repeatedly responded to peaceful protestors with
violence including assaults on Catholic communities;
Whereas American Michael Sharp and Swede Zaida Catalan, members of the United
Nations Group of Experts, were assassinated in 2017 while investigating
reports of atrocities by state security forces in the Kasai region, and
there has been little effort made by the Government of the DRC to
cooperate with any independent investigation into these murders; and
Whereas members of the opposition have been targeted, arrested, harassed, and
violently attacked by security forces: Now, therefore, be it
Resolved, That the Senate--
(1) expresses concern that the Government of the Democratic
Republic of the Congo failed to hold elections in 2016 as
required by its Constitution and later failed to fulfill its
political commitment to hold elections in 2017;
(2) expresses concern that the growing security,
humanitarian, and human rights crisis in the DRC is exacerbated
by the lack of a duly elected leadership;
(3) recognizes that impunity and the 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;
(4) calls on the Government of the Democratic Republic of
the Congo to complete concrete steps towards holding elections,
including--
(A) issuance of district-level voter registration
data;
(B) completion of legislation to enable
redistricting;
(C) fulfillment of the constitutionally required
step of ``calling the electorate'';
(D) publication of the final list of presidential
and parliamentary candidates; and
(E) holding presidential, parliamentary, and
provincial elections by December 23, 2018;
(5) calls on the opposition to take all steps possible
within the DRC to support and promote immediate free, fair, and
inclusive elections;
(6) welcomes United States Government sanctions targeting
several senior security officials and other individuals
responsible for human rights abuses, impeding democracy, and
gross corruption in the DRC;
(7) encourages the careful vetting of all planned United
States assistance to Congolese state security forces to ensure
that its impact and importance to United States national
security objectives outweigh the potential damage to United
States interests that might result in working with the state
security services of the DRC;
(8) notes the importance of continued unity among the
international community that untested, unpiloted technology,
such as electronic voting machines, given their high cost, risk
of failure, and potential for manipulation, should not be used
if a credible election process is intended to benefit all
Congolese citizens;
(9) calls on the Government of the Democratic Republic of
the Congo to cooperate with United States, Swedish, and United
Nations officials to enable a credible and independent
investigation of the killing of Michael Sharp and Zaida
Catalan, and to identify and bring to justice those responsible
for their murder;
(10) calls on the Government of the Democratic Republic of
the Congo to end political arrests and free political
detainees, including youth activists, in support of a credible
and inclusive electoral environment; and
(11) urges the President of the United States, in close
coordination with regional and other international partners, to
use appropriate means--
(A) to provide appropriate electoral assistance to
support the organization of credible elections in the
DRC by December 23, 2018; and
(B) to deter further electoral calendar slippage
and abuses against the people of Congo, including
through the consideration of targeted sanctions against
high-level DRC officials, including close associates of
President Joseph Kabila responsible for further delay
of or impediment to elections or otherwise maintaining
President Kabila's rule beyond the constitution's two-
term limit.
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