Concerning the political and human rights situation in Kenya.

Condemns: (1) the arrest and detention of Kenyan citizens for the peaceful expression of their views; and (2) the Kenyan Government's disregard of human rights and fundamental freedoms.

Calls upon the Kenyan Government to: (1) end intimidation and harassment of those critical of government policies and those working for democracy in Kenya; and (2) implement safeguards to ensure freedom of the press and independence of the judiciary and to guarantee civil and human rights for individuals detained by the government.

Suspends U.S. economic and military assistance to Kenya. Waives such suspension if the President certifies to the Congress that the Kenyan Government is taking steps to: (1) charge and try or release all prisoners; (2) cease physical abuse or mistreatment of prisoners; (3) restore the independence of the judiciary; and (4) restore freedoms of expression.

 
HJ 208 IH
102d CONGRESS
1st Session
H. J. RES. 208
Concerning the political and human rights situation in Kenya.
IN THE HOUSE OF REPRESENTATIVES
March 22, 1991
Mr. KENNEDY (for himself, Mr. BROWN, Mr. LANTOS, Mr. WEISS, Mr. WOLPE,
Mr. PAYNE of New Jersey, Mr. MOODY, Mr. PENNY, Mr. PORTER, Mr. MRAZEK, and
Mr. DELLUMS) introduced the following joint resolution; which was referred
to the Committee on Foreign Affairs
JOINT RESOLUTION
Concerning the political and human rights situation in Kenya.
Whereas the United States and Kenya have enjoyed friendly relations based
on their mutual respect for human rights and democratic freedoms;
Whereas Kenya has been an important and politically stable ally to the United
States in Africa;
Whereas Kenya is one of the largest recipients of United States aid in
sub-Saharan Africa;
Whereas such aid had been offered to encourage democratic freedoms, human
rights, and political stability in Kenya;
Whereas the Government of Kenya continues to wage a campaign of repression
designed to eliminate criticism and dissent;
Whereas the Government of Kenya has compromised the independence of the
Kenyan judiciary;
Whereas Government security forces have harassed and detained government
critics, including former cabinet members and others advocating multiparty
democracy;
Whereas the Government of Kenya has increasingly restricted freedom of the
press and government security forces have harassed and repeatedly detained
Gitobu Imanyara, the editor of the Nairobi Law Monthly, and confiscated
copies of his magazine;
Whereas the Government is harassing human rights attorneys and interfering
with their work;
Whereas the Government of Kenya has resorted to the use of force against
demonstrators calling for multiparty democracy and peaceful political change;
Whereas numerous peaceful demonstrators, human rights advocates, and
advocates of multiparty democracy have been harassed, arrested, and detained
by Government security forces during the past year;
Whereas the Government's ongoing campaign against its citizens violates basic
standards of international law with respect to human rights and fundamental
freedoms;
Whereas the State Department's Country Reports on Human Rights Practices for
1990 details extrajudicial killings, cruel inhuman and degrading treatment
of prisoners and detainees by Kenyan security forces, arbitrary arrests
and detentions, denial of fair public trials, and lack of respect for civil
liberties; and
Whereas Kenya's political stability is threatened by the Government's
crackdown on individual rights and democratic freedoms and intolerance of
political dissent: Now, therefore, be it
  Resolved by the Senate and House of Representatives of the United States
  of America in Congress assembled,
SECTION 1. STATEMENT OF POLICY.
  The Congress--
  (1) condemns the arrest and detention of Kenyan citizens for the peaceful
  expression of their political views;
  (2) condemns the Government of Kenya's disregard of human rights and
  fundamental freedoms;
  (3) calls upon the Government of Kenya to end the intimidation and harassment
  of those who are critical of government policies and those working for
  democracy in Kenya, particularly individuals within the church, the press,
  and the legal and academic communities; and
  (4) calls upon the Government of Kenya to implement effective safeguards
  to ensure unrestricted freedom of the press and the independence of the
  judiciary and to guarantee due process and other fundamental civil rights
  and human rights for individuals imprisoned or otherwise detained by
  the Government.
SEC. 2. SUSPENSION OF ASSISTANCE TO KENYA.
  (a) SUSPENSION OF ASSISTANCE- Subject to subsection (b), United States
  economic and military assistance to Kenya (including assistance appropriated
  and previously obligated) shall be suspended on the date of the enactment
  of this resolution.
  (b) WAIVER- The President may waive the restriction under subsection (a)
  if the President makes a determination and certifies to the Congress that
  the Government of Kenya is taking steps to--
  (1) charge and try or release all prisoners, including any persons detained
  for political reasons;
  (2) cease any physical abuse or mistreatment of prisoners;
  (3) restore the independence of the judiciary; and
  (4) restore freedoms of expression.
  (c) DEFINITION- For purposes of this section the term `United States
  economic and military assistance' means--
  (1) economic support fund assistance under chapter 4 of part II of the
  Foreign Assistance Act of 1961;
  (2) sales, credits, and guaranties under the Arms Export Control Act; and
  (3) military assistance under chapter 2 of part II of the Foreign Assistance
  Act of 1961.