III 118th CONGRESS 1st Session S. RES. 36 IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Menendez (for himself and Mr. Risch ) submitted the following resolution; which was referred to the Committee on Foreign Relations RESOLUTION Reinforcing the United States-Nigeria relationship and urging the Government of Nigeria to conduct free, fair, transparent, and inclusive elections in 2023.

Whereas Nigeria is the most populous democracy in Africa; Whereas Nigeria remains one of the United States closest partners in Africa, with billions of dollars of United States aid and investment per year going towards key areas of governance, health, education, energy, and finance, and democracy in Nigeria continues to be a strategic priority; Whereas Nigeria has the largest economy in Africa and plays an essential role in the economic growth and development of West Africa and continent-wide; Whereas the United States-Nigeria trade relationship, supported by the African Growth and Opportunity Act (AGOA) ( 19 U.S.C. 3701 et seq. ) and foreign direct investment, further connects our two countries’ economies; Whereas Nigeria’s leadership in the Economic Community of West African States (ECOWAS) underscores Nigeria’s position on upholding democracy and adherence to transfer of power through constitutional means; Whereas the 2023 electoral process in Nigeria is scheduled to include a presidential election, 28 governor elections, 469 Federal lawmaker elections, and 36 State House of Assembly elections that may test the very foundation of democracy in Nigeria; Whereas the United States supports peaceful, credible elections in Nigeria in keeping with the democratic aspirations of the Nigerian people; Whereas the United States, through key multilateral and nongovernmental international organizations, has provided support to increase voter participation, access, education, and safety in elections since Nigeria’s transition to multi-party democracy in 1999; Whereas the 2019 Nigerian presidential and state-level elections were marred by election-related violence, last-minute delays, widespread vote buying, and disinformation, and had the lowest voter turnout in a presidential election since the return to civilian rule in 1999; Whereas, after the 2019 elections, Nigerian citizens made a resounding call for electoral reforms to address violence, corruption, and political party conduct within the country’s political system; Whereas, over numerous election cycles, Nigerian civil society has developed significant capacities to impartially observe elections, conduct civic and voter education programs, and hold government officials accountable to democratic values; Whereas the 2019 international election observation report published by the National Democratic Institute and the International Republican Institute noted that political parties remain the weakest link among Nigeria’s nascent democratic institutions, a sentiment shared by other citizen and international election observation missions, and emphasized the need for political party reforms to promote stronger internal democracy mechanisms, the further inclusion of women and young people in the political process, and the adherence to election codes of conduct and the legal framework by political parties; Whereas despite the low voter turnout in the 2019 elections, a 2022 Afrobarometer poll indicated that 70 percent of Nigerians favor democracy over any other kind of government; Whereas, since 2019, Nigeria has taken integral steps to advance transparency and inclusion in elections, including through key provisions passed as part of the Electoral Act, 2022; Whereas the Electoral Act, 2022 calls for, among other things, an earlier release of election funding for the Independent National Electoral Commission (INEC), the electronic transmission of results, and the enfranchisement of voters with physical and mental disabilities; Whereas the people of Nigeria continue to advocate for stronger democratic values, governmental accountability, and the full implementation of the Electoral Act, 2022 in advance of presidential elections in 2023; Whereas President Muhammadu Buhari has committed to a peaceful transfer of power to an elected democratic government in 2023, and has pledged to ensure that elections are conducted in a free, fair, and transparent manner ; and Whereas Nigeria continues to suffer from a multitude of security issues, including banditry, terrorism, ethnic violence, religious intolerance, and a lack of accountability for human rights abuses attributed to state security forces: Now, therefore, be it

That the Senate— (1) reiterates the United States commitment to democracy and good-governance in Nigeria and underscores the support of the United States for all people of Nigeria to be able to participate in free, inclusive, and fair elections; (2) commends the Government of Nigeria on the passage of the Electoral Act, 2022, which signals the intent of the Government of Nigeria to strengthen its administration of elections, and emphasizes the need for fair and transparent electoral processes; (3) applauds the work of the many Nigerian civil society organizations that continually work to advocate for and support the implementation of key election reforms, bolster civic education, demand accountability for actions of the government and security personnel, and embolden women and youth participation in politics; (4) encourages all Nigerians to exercise their right to vote and to refrain from all acts of electoral violence, voter malfeasance, vote buying and selling, inflammatory speech and disinformation, and any other actions that undermine free and fair elections in Nigeria; (5) condemns violence perpetrated by Boko Haram, ISWAP, and numerous other insurgent and bandit groups that has impacted millions of Nigerians and displaced hundreds of thousands in neighboring Chad, Niger, and Cameroon; (6) calls on the Government of Nigeria to fully implement the various reforms included in the Electoral Act, 2022, and to— (A) fund INEC to its fullest capacity to independently administer free, fair, and credible elections; (B) ensure that Nigerian citizens can safely vote in elections, free of voter intimidation and violence perpetrated by security forces, bandits, paid political disruptors, and armed insurgents; (C) remain independent from political interference by candidates, appointed or elected officials, political parties, and state security forces; (D) work with INEC to ensure that elections are held as scheduled; (E) partner with civil society organizations, the United States Department of State, and the United States Agency for International Development on programs that promote and fund good-governance, civic education, and voter access; (F) work meaningfully to reduce domestic tensions within Nigeria; and (G) support effective sub-national elections through State Independent Electoral Commissions; (7) urges INEC to— (A) ensure equitable access for voter registration, the distribution of Permanent Voter Cards (PVCs) and voter rolls, and ensure that the Bimodal Voter Accreditation System (BVAS) accurately allows for only one vote per person; (B) maintain and publicly share accurate pre- and post-election voter turnout data; (C) hold candidates, elected officials, and political parties accountable for electoral law violations, and take steps to prosecute all those who engage in voter intimidation, vote buying, and all other forms of electoral malfeasance; (D) coordinate with civil society groups that help advance voter education, voter registration, and election observation; (E) minimize bureaucratic hurdles for accreditation of citizen and international observers and ensure they have unfettered access to all aspects of the electoral process; and (F) work with the United Nations and the international community to enfranchise millions of Nigerian citizens that have become internally displaced due to violent conflict; (8) urges political parties in Nigeria to undertake reforms that reinforce democratic values and good-governance, including by— (A) holding candidates, elected officials, and party operators accountable for efforts to interfere with elections, including vote buying, voter intimidation, and electoral violence; (B) addressing financial and other barriers that routinely block women and young people from participating or running for elected office; and (C) addressing electoral corruption, patronage, and clientelism; (9) calls upon the United States Government and the international community to continue to invest in programs aimed at advancing voter education, electoral security, conflict mitigation, electoral dispute resolution, anti-corruption efforts, as well as the development of political parties in Nigeria, including— (A) funding pre- and post-election data collection with the Government of Nigeria and INEC in accordance with the best election data maintenance and accessibility practices to ensure there is a free open source for post-election data that is transparent and permanently available to the public; (B) supporting the right of Nigerian citizens to vote in elections that are free, fair, credible, and consistent with international democratic standards; (C) promoting accountability for any individual that seeks to use violence, intimidation, or corrupt electoral practices to undermine peaceful credible elections in Nigeria, including through consideration of targeted financial and travel sanctions; (D) enabling citizen and international observation initiatives unfettered access to observe and issue reports on the pre-election, election day, and post-election processes, including independent verification of election results to the greatest extent possible; and (E) working alongside the Government of Nigeria to call out and address disinformation about the electoral process or from malign external actors; (10) calls on candidates running for the office of the president, governor, and Federal and state elected offices to publicly commit to peace and to pursue the resolution of election disputes through peaceful means; and (11) calls on the Secretary of State to pursue diplomatic engagement to encourage a peaceful and transparent electoral process in Nigeria in 2023, including by coordinating efforts among various United States Government agencies and departments to further good governance, strengthen democratic and electoral institutions in Nigeria, and prevent intercommunal violence.