III 

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 and Mr. BOOKER) submitted the following resolution; 

which was referred to the Committee on Foreign Relations 

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 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; 


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•SRES 386 IS 

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 

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’’; 


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•SRES 386 IS 

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 

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 


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•SRES 386 IS 

1 is exacerbated by the lack of a duly elected leader2 ship; 

3 (3) recognizes that impunity and lack of effec4 tive rule of law undermine democracy, and that the 

5 arrest and detention of civil society activists and the 

6 harassment of political opponents close political 

7 space and repress peaceful dissent; 

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

9 complete concrete steps towards holding elections, 

10 including— 

11 (A) issuance of district-level voter registra12 tion figures; 

13 (B) completion of any legislation to enable 

14 redistricting; 

15 (C) fulfillment of the constitutionally re16 quired step of ‘‘calling the electorate’’; 

17 (D) publication of the final list of presi18 dential and parliamentary candidates; and 

19 (E) holding presidential, parliamentary, 

20 and provincial elections by December 23, 2018; 

21 (5) calls on the opposition to take all steps pos22 sible within the DRC to support and promote imme23 diate free, fair, and inclusive elections; and 


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•SRES 386 IS 

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

2 close coordination with regional and international 

3 partners, to— 

4 (A) use appropriate means to provide ap5 propriate electoral assistance to support the or6 ganization of credible elections as soon as pos7 sible; and 

8 (B) use appropriate means to deter further 

9 electoral calendar slippage and abuses against 

10 the Congolese people, including consideration of 

11 targeted sanctions against high-level DRC offi12 cials, including close associates of President 

13 Kabila responsible for further delay or impedi14 ment to elections or otherwise maintaining 

15 President Kabila’s rule beyond the constitu16 tion’s two-term limit should any of the election 

17 benchmarks fail to be met. 

Æ 


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