III 

114TH CONGRESS 

2D SESSION S. RES. 485 

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 

JUNE 9, 2016 

Mr. FLAKE (for himself, Mr. COONS, Mr. ISAKSON, Mr. DURBIN, Mr. RUBIO, 

Mr. MURPHY, Mrs. SHAHEEN, and Mr. MARKEY) submitted the following 

resolution; which was referred to the Committee on Foreign Relations 

JULY 14, 2016 

Reported by Mr. CORKER, with an amendment and an amendment to the 

preamble and an amendment to the title 

SEPTEMBER 13, 2016 

Considered, amended, and agreed to with an amended preamble and an 

amendment to the title 

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 partnership grounded in economic development, investment, and mutual interests in 

security and stability, and marked by efforts to address 

the protracted humanitarian crisis facing the DRC; 


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•SRES 485 ATS 

Whereas in 2006, the Government of the DRC adopted a new 

constitution with a provision limiting the President to 

two consecutive terms; 

Whereas the constitution requires that elections be held in 

time for the inauguration of a new president on December 19, 2016, when the current presidential term expires; 

Whereas events in the DRC over the last year and a half 

have called into serious question the commitment of the 

Government of the DRC to hold such elections on the required timeline, and President Joseph Kabila has not 

publicly committed to stepping down at the end of his 

term; 

Whereas security and intelligence officials of the DRC have 

arrested, harassed, and detained peaceful activists (such 

as Fred Bauma and Yves Makwambala), members of civil 

society, political leaders, and others, and international 

and domestic human rights groups have reported on the 

worsening of the human rights situation in the DRC; 

Whereas there are 12 presidential elections slated to take 

place on the continent of Africa by the end of 2017, and 

what transpires in the DRC will send an important message to leaders in the region; 

Whereas President Barack Obama spoke with President 

Kabila on March 31, 2015, and ‘‘emphasized the importance of timely, credible, and peaceful elections that respect the Constitution of the DRC and protect the rights 

of all DRC citizens’’; 

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

Council unanimously adopted Resolution 2277, which expresses deep concern with ‘‘the delays in the preparation 

of the presidential elections’’ in the DRC and ‘‘increased 


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•SRES 485 ATS 

restrictions of the political space in the DRC’’ and calls 

for ensuring ‘‘the successful and timely holding of elections, in particular presidential and legislative elections 

on November 2016, in accordance with the Constitution’’; 

Whereas many observers have expressed concern that failure 

to move ahead with elections in the DRC could lead to 

violence and instability inside the DRC, which could reverberate throughout the region; 

Whereas, on June 23, 2016, the Department of the Treasury 

imposed sanctions against General Ce ́le ́stin Kanyama, the 

Congolese National Police (PNC) Provincial police commissioner for Kinshasa, the capital city of the DRC; and 

Whereas the Department of the Treasury noted that these 

sanctions send a ‘‘clear message that the United States 

condemns the regime’s violence and repressive actions, 

especially those of Ce ́le ́stin Kanyama, which threaten the 

future of democracy for the people of the DRC’’: Now, 

therefore, be it 

1 Resolved, That the Senate— 

2 (1) expresses concern with respect to the failure 

3 of the DRC to take actions required to hold elections 

4 in November 2016 as required by the Constitution 

5 of the DRC; 

6 (2) recognizes that impunity and lack of effec7 tive rule of law undermine democracy, and that the 

8 arrest and detention of civil society activists and the 

9 harassment of political opponents close political 

10 space and repress peaceful dissent; 


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•SRES 485 ATS 

1 (3) reaffirms its support for democracy and 

2 good governance in sub-Saharan Africa; 

3 (4) calls on the Government of the DRC and all 

4 other parties to respect the Constitution of the DRC 

5 and to ensure a free, open, peaceful, and democratic 

6 transition of power as constitutionally required; 

7 (5) urges the Government of the DRC to dem8 onstrate leadership and commitment to elections by 

9 accelerating concrete steps towards holding elections, 

10 including voter registration and protecting partisan 

11 political speech and activities; 

12 (6) encourages the Government of the DRC and 

13 all other relevant parties to engage now in a focused, 

14 urgent discussion to advance the electoral process 

15 and reach consensus rapidly on the way forward by 

16 establishing a detailed electoral calendar for all elec17 tions and enabling the candidate selection and cam18 paign process; and 

19 (7) urges the President of the United States, in 

20 close coordination with regional and international 

21 partners, to— 

22 (A) continuously verify that such necessary 

23 technical dialogue occurs and proceeds in a time 

24 and manner required to ensure the conduct of 

25 timely elections; 


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•SRES 485 ATS 

1 (B) use appropriate means to ensure these 

2 objectives, which may include imposition of ad3 ditional targeted sanctions on individuals or en4 tities responsible for violence and human rights 

5 violations and undermining democratic proc6 esses in the DRC at any point in the process; 

7 and 

8 (C) continue United States policy with re9 spect to providing support for the organizing of 

10 free, fair, and peaceful national elections. 

Æ 


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