Library / Laws / 113th / sres / S.Res. 151 / Agreed to in Senate
III
113th CONGRESS
1st Session
S. RES. 151
IN THE SENATE OF THE UNITED STATES
May 21, 2013
Mr. Casey (for himself,
Mr. McCain, Mr.
Menendez, Mrs. Shaheen,
Mr. Cardin, Mr.
Kirk, Mr. Donnelly,
Mr. Coons, and Mr. Cornyn) submitted the following resolution;
which was referred to the
Committee on Foreign
Relations
June 25, 2013
Reported by Mr.
Menendez, with an amendment and an amendment to the
preamble
July 9, 2013
Considered, amended, and agreed to with an amended
preamble
RESOLUTION
Urging the Government of Afghanistan to
ensure transparent and credible presidential and provincial elections in April
2014 by adhering to internationally accepted democratic standards, establishing
a transparent electoral process, and ensuring security for voters and
candidates.
Whereas
Afghanistan’s Independent Election Commission has affirmed that Afghanistan
will hold presidential and provincial elections in April 2014 and parliamentary
elections in 2015;
Whereas
Afghanistan's current electoral process was established in 2004 by the
Constitution of Afghanistan;
Whereas
the Tokyo Mutual Accountability Framework conditions some international
assistance to Afghanistan on the holding of credible, inclusive, and
transparent elections in 2014 and 2015, among other measures to improve
governance;
Whereas
Afghanistan lacks a comprehensive and accurate voter registry, and previous
voter registration drives have resulted in duplicate or fraudulent
registrations, according to a report by the National Democratic
Institute;
Whereas
security concerns and voter intimidation have impeded the ability of people in
Afghanistan to cast votes reliably and safely in past elections;
Whereas
Afghan women in particular are prevented from meaningful participation in the
electoral process due to the security environment, the scarcity of female poll
workers, and lack of awareness of women’s political rights and opportunities,
according to the Free and Fair Election Foundation of Afghanistan;
Whereas
Afghanistan’s 2009 presidential election was characterized by inadequate
security for voters and candidates, low voter turnout, and widespread fraud,
according to the National Democratic Institute;
Whereas
Afghan officials disputed the results of Afghanistan’s 2010 parliamentary
elections and established a Special Election Tribunal to investigate
allegations of fraud;
Whereas
following the 2010 parliamentary elections, Democracy International’s
Afghanistan Election Observation Mission concluded that comprehensive electoral
reform is necessary to ensure a free, fair, and credible election process in
2014;
Whereas
the current president of Afghanistan is serving a second elective term and the
Constitution of Afghanistan states, “No one can be elected as president for
more than two terms.”;
Whereas
the current president of Afghanistan has committed to not seeking another term
in office;
Whereas, on several occasions since the
late 1970s, civil war has broken out in Afghanistan over the legitimacy of the
Afghan government;
Whereas
United States taxpayers have invested more than $89,500,000,000 in
reconstruction and humanitarian assistance to Afghanistan since October 2001,
according to the Special Inspector General for Afghanistan Reconstruction
(SIGAR);
Whereas
a democratically-elected and legitimate government that reflects the will of
the Afghan people is in the vital security interests of Afghanistan, the United
States, its partners in the NATO International Security Assistance Force
(ISAF), and Afghanistan’s neighbors; and
Whereas
one of the most critical milestones for Afghanistan’s future stability is a
peaceful and credible transition of power through presidential elections in
2014: Now, therefore, be it
That the Senate—
(1) affirms that the electoral process in
Afghanistan should be determined and led by Afghan actors, with support from
the international community, and should not be subject to internal or external
interference;
(2) expresses its strong support for credible,
inclusive, and transparent presidential and provincial elections in April
2014;
(3) urges the Government of Afghanistan to
conduct the elections in full accordance with the Constitution of Afghanistan,
to include maintaining the constitutionally-mandated allocation of seats for
women’s parliamentary participation;
(4) honors the sacrifice of United States,
coalition, and Afghan service members who have been killed or injured since
October 2001 in defense of the democratic rights of the Afghan people;
(5) recognizes the substantial investment made
by the United States taxpayers in support of stability, democracy, and the rule
of law in Afghanistan, including efforts to end public corruption;
(6) recognizes the commitment of the Government
of Afghanistan to hold presidential elections in 2014 and the current
president's commitment not to seek a third term;
(7) recognizes that transparent and credible
elections will help safeguard the legitimacy of the next Afghan government and
will help prevent future violence by groups that may be ready to contest a
process perceived as rigged or dishonest;
(8) recognizes that a democratically-elected
and legitimate government is important to ensuring the long term stability of
Afghanistan, as is the successful training and fielding of the Afghan National
Security Forces;
(9) urges the Government of Afghanistan to
respect and support the independence and impartiality of the Independent
Electoral Commission (IEC) and the need for an independent and impartial
elections complaints mechanism with clear jurisdiction over the final results,
and urges all parties not to interfere with their deliberations;
(10) urges the Parliament of Afghanistan to pass
legislation that will establish a consultative and inclusive process for
appointing elections commissioners and allowing election disputes to be
resolved transparently and fairly;
(11) urges the IEC to adopt measures to better
mitigate fraud, include marginalized groups, and improve electoral transparency
of the polling and counting process and communicate these measures clearly and
consistently to the people of Afghanistan;
(12) urges the Government of Afghanistan to
support a credible and effective electoral complaints mechanism whereby its
members are perceived as impartial, it is given the ultimate authority on
deciding whether a ballot or candidate is disqualified, and it has the time and
resources to do its work;
(13) urges close and continuing communication
between the IEC and the Afghan National Security Forces to identify and provide
security for vulnerable areas of the country during the election period;
(14) urges the Afghan National Security Forces
to make every necessary effort to ensure the safety of voters and
candidates;
(15) expresses its support for the full
participation of Afghan civil society in the election process;
(16) urges the President of the United States to
ensure that all United States Government efforts in Afghanistan are
well-coordinated and are fully consistent with the American taxpayers
longstanding commitment to stability, democracy, and the rule of law in
Afghanistan, including efforts to end public corruption; and
(17) urges the Secretary of State to condition
financial, logistical, and political support for Afghanistan's 2014 elections
based on the implementation of reforms in Afghanistan including—
(A) increased efforts to encourage women’s
participation in the electoral process, including provisions to ensure their
full access to and security at polling stations;
(B) the implementation of measures to prevent
fraudulent registration and manipulation of the voting or counting processes,
including—
(i) establishment of processes to better
control ballots;
(ii) vetting of and training for election
officials; and
(iii) full accreditation of and access for
international and domestic election observers; and
(C) prompt passage of legislation through the
Parliament of Afghanistan that codifies the authorities and independence of the
IEC and an independent and impartial election complaints mechanism.