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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 479 Introduced in Senate (IS)]

<DOC>

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;
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--

    G    (A) to change the Constitution of DRC to allow him to run for a 
third term; and

    G    (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;
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;
Whereas, on March 30, 2016, the United Nations Security Council unanimously 
        adopted Resolution 2277, which--

    (1) expresses deep concern with--

    G    (A) ``the delays in the preparation of the presidential 
elections'' in DRC; and

    G    (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
    Resolved, That the Senate--
            (1) condemns--
                    (A) actions by the Government of DRC to subvert the 
                Constitution of DRC and undermine democracy, including 
                the arrest and detention of civil society activists 
                (such as Fred Bauma and Yves Makwambala), the 
                harassment of political opponents, and its efforts to 
                close political space and punish peaceful dissent;
                    (B) the failure of the Government of DRC to take 
                timely necessary measures to organize free and fair 
                national elections; and
                    (C) violations of human rights and international 
                humanitarian law committed by security forces of the 
                Government of DRC;
            (2) reaffirms its support for democracy and good-governance 
        in sub-Saharan Africa that are free from political repression 
        and abuses of human rights;
            (3) calls on President Kabila's government--
                    (A) to publicly and unequivocally commit to 
                complete a peaceful transfer of presidential power upon 
                the expiration of his mandate on December 19, 2016; and
                    (B) to adhere to the Constitution of DRC and 
                relinquish power at the end of his term on December 19, 
                2016;
            (4) calls on the President of the United States--
                    (A) in coordination with regional and international 
                partners and the United Nations, to impose targeted 
                sanctions on those officials of the Government of DRC 
                who are responsible for violence and human rights 
                violations and undermining the democratic processes or 
                institutions in DRC, including visa bans and asset 
                freezes under Executive Order 13671 (79 Fed. Reg. 
                39947), based on actions that ``undermine democratic 
                processes or institutions,'' or that ``threaten the 
                peace, security, or stability'' of DRC; and
                    (B) to consider lifting the sanctions described in 
                subparagraph (A) when the President determines that--
                            (i) President Kabila--
                                    (I) has publicly and unequivocally 
                                stated that he will complete a peaceful 
                                transfer of presidential power upon the 
                                expiration of his mandate on December 
                                19, 2016;
                                    (II) has made verified progress 
                                toward organizing and holding timely 
                                free and fair national elections in 
                                accordance with the Constitution of 
                                DRC; and
                                    (III) is respecting human and 
                                political rights for the opposition and 
                                civil society; or
                            (ii) a free and fair presidential election 
                        has been held in DRC, in accordance with the 
                        Constitution of DRC, and a new President has 
                        been sworn into office in DRC;
            (5) calls on the Secretary of State, the Secretary of 
        Defense, and the Administrator of the United States Agency for 
        International Development to review all United States 
        assistance to DRC, including security and economic assistance, 
        to ensure that such assistance is not being used to support 
        President Kabila's efforts to remain in power; and
            (6) calls on the Secretary of State and the Administrator 
        of the United States Agency for International Development--
                    (A) to continue providing financial and technical 
                assistance to support the organizing of free, fair, and 
                peaceful national elections, and support the inclusion 
                and civic education of youth, women, and rural 
                populations; and
                    (B) to ensure the continuance of United States 
                assistance that is delivered through national and 
                international nongovernmental organizations, 
                particularly assistance in support of improved 
                democracy and governance and humanitarian needs.
                                 <all>
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