IV 

114TH CONGRESS 

2D SESSION H. RES. 780 

Urging respect for the constitution of the Democratic Republic of the Congo 

in the democratic transition of power in 2016. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 13, 2016 

Mr. SMITH of New Jersey (for himself, Ms. BASS, Mr. ROYCE, and Mr. 

ENGEL) submitted the following resolution; which was referred to the 

Committee on Foreign Affairs, and in addition to the Committees on Financial Services and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

RESOLUTION 

Urging respect for the constitution of the Democratic Republic of the Congo in the democratic transition of power 

in 2016. 

Whereas given its size, location, and diverse economy, the 

United States has deep interests in the democratic stability of the Democratic Republic of the Congo; 

Whereas from 1996–2006, more than 3,000,000 people died 

in the Democratic Republic of the Congo (DRC) as a result of internal and regional wars, and significant violence persists in the Eastern Congo; 


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•HRES 780 IH 

Whereas a root cause of these conflicts was the decay of the 

undemocratic and corrupt regime of President Mobutu 

Sese Seko; 

Whereas in 2002 the United States, working with African 

and European partners, helped facilitate a Congo peace 

accord that included a democratic transition and free 

elections under a new constitution limiting the President 

to two terms by an unamendable provision and providing 

for the President of the Senate to assume power temporarily until elections can be held once a Presidential vacancy is declared; 

Whereas in 2006 Joseph Kabila was elected President in 

what was widely viewed as a free and fair election, but 

many respected international observers concluded that his 

2011 election ‘‘victory’’ was ‘‘not credible’’; 

Whereas President Kabila’s second term will end December 

19, 2016, after which his government can no longer be 

considered the constitutionally legitimate representative 

of the Congolese people; 

Whereas President Kabila has yet to declare unequivocally 

and publicly that he will step down at the end of his 

term, as required by the constitution, causing growing 

political tension, unrest and violence across the country; 

Whereas during the summer of 2014, President Kabila tried 

unsuccessfully to persuade parliament to change the constitution to open the way for his continuation in power 

after his term expires on December 19, 2016, and subsequently attempted to pass a law requiring a multiyear 

census in advance of the Presidential election—an effort 

that was dropped in January 2015 after mass demVerDate Sep 11 2014 00:58 Jun 14, 2016 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6300 E:\BILLS\HR780.IH HR780

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onstrations in which Kabila’s security forces killed at 

least 42 people and arbitrarily jailed hundreds; 

Whereas since January 2015, in further steps to undermine 

democratic processes and institutions, Congolese security 

and intelligence officials have clamped down on peaceful 

activists, political leaders and others who oppose President Kabila’s effort to stay in power past his constitutionally mandated two-term limit; 

Whereas since January 2015 President Kabila has continually used administrative and technical means to try to 

delay the Presidential election (including an overloaded, 

unfeasible multielection calendar, failure to pass timely 

election laws and release authorized election budgets, 

abruptly implementing the division of the country’s provinces, and having his ‘‘Independent National Election 

Commission’’ recently declare that it will take 16 months 

to update the voter roll); 

Whereas President Obama spoke with President Kabila on 

March 15, 2015, and ‘‘emphasized the importance of 

timely, credible, and peaceful elections that respect the 

DRC’s constitution and protect the rights of all DRC 

citizens’’; 

Whereas President Kabila is calling for a broad national dialogue that could be used to confuse the election issue and 

serve as yet another means of delaying the scheduled November elections; 

Whereas international and domestic human rights groups 

continually report on the worsening of the situation with 

regard to human rights in the DRC, including the use of 

excessive force against peaceful demonstrators and an increase in politically motivated trials and whereas the 


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United Nations Organization Stabilization Mission in the 

Democratic Republic of the Congo (MONUSCO) has registered more than 260 human rights violations, mainly 

against political opponents, civil society and journalists 

during the past year; 

Whereas the DRC retains a relatively vibrant civil society 

that is exerting pressure on the government, and is at 

risk of being stamped out due to government repression 

consistent with President Kabila’s attempt to remain in 

power; 

Whereas leaders of Congo’s main opposition parties, nongovernmental organizations and prodemocracy youth 

movements called on Congolese citizens to stay home 

from work and school on February 16, 2016, for ‘‘Ville 

Morte (Dead City Day)’’ largely to protest against delays 

in organizing Presidential elections; and whereas the 

strike was largely successful in major Congolese cities despite government detentions and threats; 

Whereas, on March 10, 2016, the European Union Parliament adopted a resolution that urged the EU to ‘‘use 

all its diplomatic and economic tools’’ in favor of ‘‘compliance with the constitution of the DRC’’ and invited African Union member states to also become engaged in the 

effort to advance this goal; whereas the resolution also 

called upon the EU ‘‘to consider imposing targeted sanctions, including travel bans and asset freezes, so as to 

help prevent further violence’’; and 

Whereas, on March 30, 2016, the United Nations Security 

Council unanimously adopted Resolution 2277 expressing 

‘‘deep concern’’ about ‘‘delays in the Presidential election’’ and ‘‘increased restriction of the political space in 

the DRC’’ and calling for ‘‘ensuring the successful and 


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timely holding’’ of Presidential and legislative elections 

‘‘in accordance with the Constitution’’: Now, therefore, be 

it 

1 Resolved, That— 

2 (1) under Executive Order 13413, as amended 

3 by Executive Order 13671, in coordination to the 

4 maximum extent possible with its African and Euro5 pean partners, the United States should impose 

6 sanctions on government officials who impede 

7 progress toward a peaceful democratic transition 

8 through credible elections that respect the will of the 

9 Congolese; 

10 (2) sanctions should target core figures in the 

11 government of President Kabila for visa denials and 

12 for asset freezes because of actions that ‘‘undermine 

13 democratic processes or institutions’’; 

14 (3) economic and security assistance provided 

15 to the DRC government should be reviewed for pos16 sible termination, while preserving other, particularly 

17 humanitarian, assistance through nongovernmental 

18 and international organizations, and review future 

19 international financial institution assistance to the 

20 DRC until the election crisis is resolved; 

21 (4) the President should lift sanctions only 

22 when the President determines that— 


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1 (A) President Kabila has unequivocally 

2 and publicly declared that, in accordance with 

3 the constitution, he will not remain in power 

4 once his term ends on December 19, 2016, has 

5 made verifiable progress on the ground towards 

6 holding timely free and fair national elections in 

7 accordance with the constitution, and has de8 monstrably opened the necessary political space 

9 for the opposition and civil society; or 

10 (B) the DRC has held a free and fair Pres11 idential election as provided by the constitution 

12 and a new President has been sworn in; 

13 (5) if President Kabila’s government meets the 

14 condition specified in paragraph (4)(A), the United 

15 States should join other donors in helping to support 

16 election preparedness, including voter registration 

17 and supporting a level playing field for campaign ac18 tivities by diverse political parties; 

19 (6) the United States Government should sup20 port independent DRC civil society organizations 

21 and media to more effectively monitor efforts to un22 dermine democracy and governance; 

23 (7) the United States Government should use 

24 authorities under subchapter II of chapter 53 of title 

25 31, United States Code, chapter X of title 31, Code 


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1 of Federal Regulations, and the Patriot Act (18 

2 U.S.C. 1956) to investigate and target money laun3 dering activities, specifically related to the diversion 

4 of proceeds of corruption, by key figures close to 

5 President Kabila; 

6 (8) these authorities should be employed to tar7 get the financial institutions facilitating money laun8 dering by these figures as well as to pressure the ju9 risdictions in which they are located to monitor this 

10 activity and take enforcement action as appropriate; 

11 and 

12 (9) the United States should coordinate these 

13 efforts with key Western and African partners, in14 cluding through other financial intelligence units. 

Æ 


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