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Urging the Government of Kenya to respect human rights, protect democratic space for civil society, and promote transparent and accountable democratic governance.

S. Res. 616 · 115th Congress · Aug 23, 2018 · Lineage

RESOLUTION

That the Senate—
(1)
calls upon the Government of Kenya and President Kenyatta—
(A)
to enforce the rule of law by—
(i)
publicly condemning all ex­tra­ju­di­cial killings and other violations per­pe­trat­ed by the security forces of Kenya;
(ii)
ensuring that extrajudicial killings and other violations are investigated and prosecuted by an independent judicial inquiry, such as the Independent Policing Oversight Authority;
(iii)
investigating the excessive use of force by the security forces; and
(iv)
committing to provide reparations, including adequate compensation, for victims and their families;
(B)
to secure human rights for all citizens of Kenya, including members of the lesbian, gay, bisexual, and transgender community;
(C)
to safeguard press freedom, according full respect to international law, by allowing open reporting and commentary on any issues of pressing public interest and by permitting journalists to exercise the freedom of expression as provided for in the Constitution of Kenya;
(D)
to open up civic space by allowing individuals to assemble peacefully, express their views freely, and hold opinions without interference;
(E)
to reform electoral processes and institutions, including by providing support for accountability, as part of a broader effort to address the history of election-related violence in Kenya and prevent future bloodshed;
(F)
to provide access to independent courts for citizens of Kenya who have suffered from intimidation, corruption, and violence by the security forces of Kenya and armed gangs; and
(G)
to demonstrate greater respect for the independence of the judiciary by complying with court orders and ceasing actions or statements that may be seen as seeking to intimidate judges;
(2)
urges the security forces of Kenya—
(A)
to show restraint and refrain from any unnecessary or excessive use of force, including intimidation, kidnapping, extrajudicial raids, confiscation, and killings;
(B)
to carry out arrests and prosecutions in full accordance with the rule of law and demonstrate transparent due process; and
(C)
to publicly acknowledge violations, conduct speedy, impartial, thorough, and transparent investigations, and hold those responsible to account as a key step toward achieving justice for victims;
(3)
calls upon the leaders and citizens of Kenya to begin a national conversation to build cohesion and address longstanding issues; and
(4)
calls upon the President, the Secretary of State, and other senior officials of the United States, as well as international partners—
(A)
to raise the issues described in this resolution with President Kenyatta and the Government of Kenya;
(B)
to continue to support civil society and the development of democratic institutions in Kenya; and
(C)
to identify opportunities in which resources or diplomatic engagement could contribute to moving democracy forward in Kenya.