III 

Calendar No. 574 

114TH CONGRESS 

2D SESSION S. RES. 485 

To encourage the Government of the Democratic Republic of the Congo 

to abide by constitutional provisions regarding the holding of presidential 

elections in 2016, with the aim of ensuring a peaceful and orderly 

democratic transition of power. 

IN THE SENATE OF THE UNITED STATES 

JUNE 9, 2016 

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

Mr. MURPHY, and Mrs. SHAHEEN) 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 

[Strike out all after the resolving clause and insert the part printed in italic] 

[Strike the preamble and insert the part printed in italic] 

RESOLUTION 

To encourage the Government of the Democratic Republic 

of the Congo to abide by constitutional provisions regarding the holding of presidential elections in 2016, with 

the aim of ensuring a peaceful and orderly democratic 

transition of power. 

Whereas the United States Government has supported and 

will continue to support the principle that the people of 


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•SRES 485 RS 

the Democratic Republic of the Congo (in this resolution 

referred to as ‘‘the DRC’’) should choose their own government in accordance with their constitution and all relevant laws and regulations; 

Whereas the constitution of the DRC 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, on March 30, 2016, the United Nations Security 

Council adopted Resolution 2277, which called upon the 

Government of the DRC and its national partners, including the CENI (Independent National Electoral Commission), ‘‘to ensure a transparent and credible electoral 

process, in fulfillment of their primary responsibility to 

create propitious conditions for the forthcoming elections 

. . . scheduled for November 2016 in accordance with 

the Constitution’’ and urged the Government of the DRC 

and all relevant parties to ensure an electoral environment conducive to a ‘‘free, fair, credible, inclusive, transparent, peaceful, and timely electoral process, in accordance with the Congolese constitution’’; 

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 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 set an important example for the leaders of those countries; and 


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•SRES 485 RS 

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 central Africa’s Great Lakes region: 

Now, therefore, be it 

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; 

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; 


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•SRES 485 RS 

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 

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) urges the Government of the DRC and all 

3 other relevant parties to engage in a credible, inde4 pendently monitored, and technical dialogue to reach 


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•SRES 485 RS 

1 consensus on a way forward on establishing a de2 tailed electoral calendar and organizing elections; 

3 (2) urges the Government of the DRC to re4 spect the constitution of the DRC and, as constitu5 tionally required, to ensure a free, open, peaceful, 

6 and democratic transition of power; 

7 (3) expresses its solidarity with the people of 

8 the DRC to choose their own government in an at9 mosphere free of violence, threats, and intimidation 

10 by the government or other parties, including the re11 lease of Fred Bauma and Yves Makwambala; 

12 (4) commits to maintain vigilance and scrutiny 

13 of the electoral process in the DRC, to help ensure 

14 that all United States Government activities con15 tribute fully and robustly to the above-mentioned ob16 jectives; and 

17 (5) pledges to examine continuously the use of 

18 all available and appropriate means to ensure these 

19 objectives, including the imposition of targeted sanc20 tions on individuals or entities responsible for vio21 lence and human rights violations and undermining 

22 democratic processes in the DRC. 

23 That the Senate— 

24 (1) expresses concern with respect to the failure 

25 of the DRC to take actions required to hold elections 


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•SRES 485 RS 

1 in November 2016 as required by the Constitution of 

2 the DRC; 

3 (2) recognizes that impunity and lack of effective 

4 rule of law undermine democracy, and that the arrest 

5 and detention of civil society activists and the harass6 ment of political opponents close political space and 

7 repress peaceful dissent; 

8 (3) reaffirms its support for democracy and good 

9 governance in sub-Saharan Africa; 

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

11 other parties to respect the Constitution of the DRC 

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

13 transition of power as constitutionally required; 

14 (5) urges the Government of the DRC to dem15 onstrate leadership and commitment to elections by 

16 accelerating concrete steps towards holding elections, 

17 including voter registration and protecting partisan 

18 political speech and activities; 

19 (6) encourages the Government of the DRC and 

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

21 urgent discussion to advance the electoral process and 

22 reach consensus rapidly on the way forward by estab23 lishing a detailed electoral calendar for all elections 

24 and enabling the candidate selection and campaign 

25 process; and 


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•SRES 485 RS 

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

2 close coordination with regional and international 

3 partners, to— 

4 (A) continuously verify that such necessary 

5 technical dialogue occurs and proceeds in a time 

6 and manner required to ensure the conduct of 

7 timely elections; 

8 (B) use appropriate means to ensure these 

9 objectives, which may include imposition of ad10 ditional targeted sanctions on individuals or en11 tities responsible for violence and human rights 

12 violations and undermining democratic processes 

13 in the DRC at any point in the process; and 

14 (C) continue United States policy with re15 spect to providing support for the organizing of 

16 free, fair, and peaceful national elections. 

Amend the title so as to read: ‘‘A 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.’’. 


emcdonald on DSK9F6TC42PROD with BILLS
Calendar No. 574 

114TH CONGRESS 

2D SESSION S. RES. 485 

RESOLUTION 

To encourage the Government of the Democratic 

power. peaceful and orderly democratic transition of elections in 2016, with the aim of ensuring a provisions regarding the holding of presidential Republic of the Congo to abide by constitutional 

JULY 14, 2016 

Reported with an amendment and an amendment to the 

preamble and an amendment to the title 


emcdonald on DSK9F6TC42PROD with BILLS