III 

Calendar No. 436 

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 

[Strike out all after the resolving clause and insert the part printed in italic] 

[Strike the preamble and insert the part printed in italic] 

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 


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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 United States people 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 Democratic Republic of Congo 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 


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timely elections no later than December 2017, leading to 

a peaceful transition of power’’; 

Whereas, on June 21, 2017, the United National 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 UnderSecretary 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 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 

Whereas opposition have been targeted, arrested, harassed, 

and violently attacked by security forces: Now, therefore, 

be it 

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; 


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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’’; 


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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; 


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Whereas American Michael Sharp and Swede Zaida Catala ́n, 

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 

1 Resolved, That the Senate— 

2 (1) expresses concern that the Government of 

3 the Democratic Republic of the Congo failed to hold 

4 elections in 2016 as required by the Constitution 

5 and later failed to fulfill its political commitment to 

6 hold elections in 2017; 

7 (2) expresses concern that the growing security, 

8 humanitarian, and human rights crisis in the DRC 

9 is exacerbated by the lack of a duly elected leader10 ship; 

11 (3) recognizes that impunity and lack of effec12 tive rule of law undermine democracy, and that the 

13 arrest and detention of civil society activists and the 

14 harassment of political opponents close political 

15 space and repress peaceful dissent; 


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1 (4) calls on the Government of the DRC to 

2 complete concrete steps towards holding elections, 

3 including— 

4 (A) issuance of district-level voter registra5 tion figures; 

6 (B) completion of any legislation to enable 

7 redistricting; 

8 (C) fulfillment of the constitutionally re9 quired step of ‘‘calling the electorate’’; 

10 (D) publication of the final list of presi11 dential and parliamentary candidates; and 

12 (E) holding presidential, parliamentary, 

13 and provincial elections by December 23, 2018; 

14 (5) calls on the opposition to take all steps pos15 sible within the DRC to support and promote imme16 diate free, fair, and inclusive elections; and 

17 (6) urges the President of the United States, in 

18 close coordination with regional and international 

19 partners, to— 

20 (A) use appropriate means to provide ap21 propriate electoral assistance to support the or22 ganization of credible elections as soon as pos23 sible; and 

24 (B) use appropriate means to deter further 

25 electoral calendar slippage and abuses against 


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1 the Congolese people, including consideration of 

2 targeted sanctions against high-level DRC offi3 cials, including close associates of President 

4 Kabila responsible for further delay or impedi5 ment to elections or otherwise maintaining 

6 President Kabila’s rule beyond the constitu7 tion’s two-term limit should any of the election 

8 benchmarks fail to be met. 

9 That the Senate— 

10 (1) expresses concern that the Government of the 

11 Democratic Republic of the Congo failed to hold elec12 tions in 2016 as required by its Constitution and 

13 later failed to fulfill its political commitment to hold 

14 elections in 2017; 

15 (2) expresses concern that the growing security, 

16 humanitarian, and human rights crisis in the DRC 

17 is exacerbated by the lack of a duly elected leadership; 

18 (3) recognizes that impunity and the lack of ef19 fective rule of law undermine democracy, and that the 

20 arrest and detention of civil society activists and the 

21 harassment of political opponents close political space 

22 and repress peaceful dissent; 

23 (4) calls on the Government of the Democratic 

24 Republic of the Congo to complete concrete steps to25 wards holding elections, including— 


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1 (A) issuance of district-level voter registra2 tion data; 

3 (B) completion of legislation to enable redis4 tricting; 

5 (C) fulfillment of the constitutionally re6 quired step of ‘‘calling the electorate’’; 

7 (D) publication of the final list of presi8 dential and parliamentary candidates; and 

9 (E) holding presidential, parliamentary, 

10 and provincial elections by December 23, 2018; 

11 (5) calls on the opposition to take all steps pos12 sible within the DRC to support and promote imme13 diate free, fair, and inclusive elections; 

14 (6) welcomes United States Government sanc15 tions targeting several senior security officials and 

16 other individuals responsible for human rights abuses, 

17 impeding democracy, and gross corruption in the 

18 DRC; 

19 (7) encourages the careful vetting of all planned 

20 United States assistance to Congolese state security 

21 forces to ensure that its impact and importance to 

22 United States national security objectives outweigh 

23 the potential damage to United States interests that 

24 might result in working with the state security serv25 ices of the DRC; 


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1 (8) notes the importance of continued unity 

2 among the international community that untested, 

3 un-piloted technology, such as electronic voting ma4 chines, given their high cost, risk of failure, and po5 tential for manipulation, should not be used if a cred6 ible election process is intended to benefit all Congo7 lese citizens; 

8 (9) calls on the Government of the Democratic 

9 Republic of the Congo to cooperate with United 

10 States, Swedish, and United Nations officials to en11 able a credible and independent investigation of the 

12 killing of Michael Sharp and Zaida Catala ́n, and to 

13 identify and bring to justice those responsible for their 

14 murder; 

15 (10) calls on the Government of the Democratic 

16 Republic of the Congo to end political arrests and free 

17 political detainees, including youth activists, in sup18 port of a credible and inclusive electoral environment; 

19 and 

20 (11) urges the President of the United States, in 

21 close coordination with regional and other inter22 national partners, to use appropriate means— 

23 (A) to provide appropriate electoral assist24 ance to support the organization of credible elec25 tions in the DRC by December 23, 2018; and 


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1 (B) to deter further electoral calendar slip2 page and abuses against the people of Congo, in3 cluding through the consideration of targeted 

4 sanctions against high-level DRC officials, in5 cluding close associates of President Joseph 

6 Kabila responsible for further delay of or im7 pediment to elections or otherwise maintaining 

8 President Kabila’s rule beyond the constitution’s 

9 two-term limit. 


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Calendar No. 436 

115TH CONGRESS 

2D SESSION S. RES. 386 

RESOLUTION 

Urging the Government of the Democratic Republic 

and association. endar, and allowing for freedom of expression ber 2018 as outlined in the existing election caltowards holding elections not later than Decempower by taking concrete and measurable steps tional mandate for a democratic transition of on presidential terms, and fulfill its constituible elections, comply with constitutional limits of the Congo to fulfill its agreement to hold credMAY 24, 2018 

Reported with an amendment and an amendment to the 

preamble 


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