III 

114TH CONGRESS 

2D SESSION S. RES. 479 

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 

MAY 26, 2016 

Mr. MARKEY (for himself, Mr. DURBIN, and Mr. MURPHY) 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 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 history of partnership 

grounded in economic investment and mutual interests in 

security and stability, and marked by efforts to address 

the protracted humanitarian crisis facing the country; 

Whereas in 2006, DRC adopted a new constitution with a 

provision limiting the President to 2 consecutive terms; 

Whereas in 2006, Joseph Kabila was elected President in 

what was widely viewed as a free and fair election; 


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•SRES 479 IS 

Whereas many respected international observers concluded 

that President Kabila’s reelection in 2011 was deeply 

flawed; 

Whereas President Kabila’s second term and constitutional 

mandate to serve as President of DRC ends on December 

19, 2016; 

Whereas, for the past 2 years, President Kabila has used administrative and technical means to try to delay the presidential election, including— 

(1) by trying unsuccessfully to persuade the Parliament of DRC— 

(A) to change the Constitution of DRC to allow 

him to run for a third term; and 

(B) to pass a law requiring a multiyear census 

in advance of the presidential election, which was 

widely seen as an attempt to delay elections to allow 

President Kabila to remain in power; 

(2) by failing to pass timely election laws or release 

authorized election funding to the Independent National 

Elections Commission; 

(3) by declaring that it will take the Government of 

DRC between 16 and 18 months to revise the voter rolls; 

and 

(4) by enforcing nondemocratic and nonparticipatory 

restrictions that limit the ability of the political opposition to participate in the political process and the role of 

civil society in DRC; 

Whereas mass popular demonstrations convinced President 

Kabila to drop efforts to pass a law requiring a census 

in January 2015, but not before security forces had killed 

at least 36 protesters and jailed hundreds more; 


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•SRES 479 IS 

Whereas Congolese security and intelligence officials have arrested, harassed, and detained peaceful activists, members of civil society, political leaders, and others who oppose President Kabila’s effort to unconstitutionally remain in power after the expiration of his current term; 

Whereas President Obama spoke with President Kabila on 

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

timely, credible, and peaceful elections that respect the 

Constitution of DRC and protect the rights of all DRC 

citizens’’; 

Whereas observers view President Kabila’s renewed call for a 

National Dialogue as another attempt to delay the elections and distract from the constitutional requirement for 

a democratic succession of the presidency later this year; 

Whereas international and domestic human rights groups 

have consistently reported on the worsening of the human 

rights situation in DRC, including— 

(1) the use of excessive force by security forces 

against peaceful demonstrators; and 

(2) an increase in politically motivated trials; 

Whereas the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo has registered more than 312 human rights violations committed 

by officials of the Government of DRC between January 

2015 and January 2016, most of which targeted political 

opponents, civil society, and journalists; 

Whereas the Government of DRC issued an arrest warrant 

for what appear to be politically motivated charges 

against a leading opposition figure the week after he declared his intent to run for President, and other political 

activists remain in jail; 


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•SRES 479 IS 

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

Council unanimously adopted Resolution 2277, which— 

(1) expresses deep concern with— 

(A) ‘‘the delays in the preparation of the presidential elections’’ in DRC; and 

(B) ‘‘increased restrictions of the political space 

in the DRC’’; and 

(2) calls for ensuring ‘‘the successful and timely 

holding of elections, in particular presidential and legislative elections on November 2016, in accordance with the 

Constitution’’; and 

Whereas President Kabila’s refusal to publicly affirm that he 

will step down when his constitutional mandate expires 

has caused growing political tension, unrest, and violence 

across DRC: Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) condemns— 

3 (A) actions by the Government of DRC to 

4 subvert the Constitution of DRC and under5 mine democracy, including the arrest and de6 tention of civil society activists (such as Fred 

7 Bauma and Yves Makwambala), the harass8 ment of political opponents, and its efforts to 

9 close political space and punish peaceful dis10 sent; 

11 (B) the failure of the Government of DRC 

12 to take timely necessary measures to organize 

13 free and fair national elections; and 


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•SRES 479 IS 

1 (C) violations of human rights and inter2 national humanitarian law committed by secu3 rity forces of the Government of DRC; 

4 (2) reaffirms its support for democracy and 

5 good-governance in sub-Saharan Africa that are free 

6 from political repression and abuses of human 

7 rights; 

8 (3) calls on President Kabila’s government— 

9 (A) to publicly and unequivocally commit 

10 to complete a peaceful transfer of presidential 

11 power upon the expiration of his mandate on 

12 December 19, 2016; and 

13 (B) to adhere to the Constitution of DRC 

14 and relinquish power at the end of his term on 

15 December 19, 2016; 

16 (4) calls on the President of the United 

17 States— 

18 (A) in coordination with regional and 

19 international partners and the United Nations, 

20 to impose targeted sanctions on those officials 

21 of the Government of DRC who are responsible 

22 for violence and human rights violations and 

23 undermining the democratic processes or insti24 tutions in DRC, including visa bans and asset 

25 freezes under Executive Order 13671 (79 Fed. 


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•SRES 479 IS 

1 Reg. 39947), based on actions that ‘‘undermine 

2 democratic processes or institutions,’’ or that 

3 ‘‘threaten the peace, security, or stability’’ of 

4 DRC; and 

5 (B) to consider lifting the sanctions de6 scribed in subparagraph (A) when the President 

7 determines that— 

8 (i) President Kabila— 

9 (I) has publicly and unequivocally 

10 stated that he will complete a peaceful 

11 transfer of presidential power upon 

12 the expiration of his mandate on De13 cember 19, 2016; 

14 (II) has made verified progress 

15 toward organizing and holding timely 

16 free and fair national elections in ac17 cordance with the Constitution of 

18 DRC; and 

19 (III) is respecting human and po20 litical rights for the opposition and 

21 civil society; or 

22 (ii) a free and fair presidential elec23 tion has been held in DRC, in accordance 

24 with the Constitution of DRC, and a new 


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•SRES 479 IS 

1 President has been sworn into office in 

2 DRC; 

3 (5) calls on the Secretary of State, the Sec4 retary of Defense, and the Administrator of the 

5 United States Agency for International Development 

6 to review all United States assistance to DRC, in7 cluding security and economic assistance, to ensure 

8 that such assistance is not being used to support 

9 President Kabila’s efforts to remain in power; and 

10 (6) calls on the Secretary of State and the Ad11 ministrator of the United States Agency for Inter12 national Development— 

13 (A) to continue providing financial and 

14 technical assistance to support the organizing of 

15 free, fair, and peaceful national elections, and 

16 support the inclusion and civic education of 

17 youth, women, and rural populations; and 

18 (B) to ensure the continuance of United 

19 States assistance that is delivered through na20 tional and international nongovernmental orga21 nizations, particularly assistance in support of 

22 improved democracy and governance and hu23 manitarian needs. 

Æ 


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