Legislative Elections in the Democratic Republic of Congo (DRC), Kinshasa
3 August 2006
1. Introduction
A South African Observer Mission (SAOM) was deployed to observe the 30 July
2006 presidential and legislative elections in the Democratic Republic of Congo
(DRC). This followed an invitation by the Independent Electoral Commission
(IEC) of the DRC.
For about 10 years South Africa has had the opportunity to work in
solidarity with the people of Congo to restore peace, national unity and
democracy to the DRC. Guided by her commitment to the African Agenda, peace,
security and development, South Africa has travelled the road to this day with
the people of Congo.
Members of the SAOM arrived in the DRC on 19 July 2006 and observed all the
phases of the elections. The SAOM is pleased to release its interim report on
the 2006 DRC presidential and legislative elections. This interim report covers
the period from 19 July until and including election day. The SAOM will
continue with its observation of the counting and processing of election
results. A final detailed report will therefore be released at the conclusion
of the election process.
The SAOM has concluded that the 30 July 2006 elections were conducted in a
climate conducive to the democratic expression of the views of the people of
the DRC on who should lead them. Considering the background of civil strife and
autocratic rule which marked most of the countryâs history since independence,
these elections were a remarkable achievement.
1.1 Background or context
The elections of 30 July 2006 were only the second democratic elections in
the DRCâs history. Since independence, the country experienced a period of more
than 40 years, characterised by dictatorship and subsequent civil war. The
civil war left close to four million people dead.
Efforts to bring about peace in the DRC culminated in the signing in
Pretoria of the global and all-inclusive agreement on 16 December 2002. This
agreement was endorsed at the final session of the Inter-Congolese Dialogue at
Sun City in April 2003. In terms of this agreement the parties involved
committed themselves to the establishment of a representative transitional
government and holding of democratic elections.
In their millions, the people of Congo demonstrated their determination to
bring peace and democracy to their country during the December 2005
constitutional referendum which was subsequently adopted in February 2006. The
launch of the Constitution paved the way for presidential and legislative
elections.
1.2 Composition of the mission
South Africa decided to deploy a 128-member national observer mission
to observe the elections. The SAOM is multi-sectoral in its composition,
consisting of the Members of Parliament (MPs), government officials, religious
groups as well as civil society organisations. The SAOM was led by Mr Mluleki
George, Deputy Minister of Defence.
1.3 Principles for the South African Observer Mission
The principles for election management, monitoring and observation (PEMMO)
in the Southern Africa Developing Community (SADC) region together with others
internationally accepted guidelines were used as points of reference for the
elections observation, in all the phases of the DRC elections.
1.4 Method of work
In the execution of its mandate, the mission recognised the sovereignty of
the DRC state and observed the elections in an independent and non-partisan
manner. The mission collected data by attending rallies, meetings called by the
competing presidential and parliamentary candidates as well other relevant
stakeholders. The mission observed the general atmosphere of the election
campaign. Observations were made according to the Electoral Law of the DRC.
1.5 Deployment and observation of the voting process
The SAOM observers were deployed in all 11 provinces of the DRC with an
average of three teams in each province.
1.6 Meetings with stakeholders
The mission met with the Electoral Commission (CEI), political parties,
various candidates and civil society groups. The mission also consulted with
other observer missions, including SADC, African Union (AU), United Nations
(UN), European Union (EU), United Kingdom (UK), United States of America (USA),
the Carter Centre and the Electoral Institute of Southern Africa (EISA), the
Konrad Adenauer Foundation and the Civil Society Framework for Co-operation in
Election Observation, among others.
2. Preliminary findings of the mission
2.1 Electoral framework
2.1.1 Legal framework of the 2006 elections in the DRC
Towards the end of 2005, the transitional government put in place a
legislative framework to pave the way for elections.
On 21 February 2006, the Electoral Law was adopted by the DRC parliament.
According to the law, elections to the national and provincial assemblies would
be conducted under a proportional representation system with a closed list of
candidates. The President of the Republic is elected by majority vote in two
rounds, if necessary. At the second round, only the two candidates having
received the largest number of votes taking into account possible withdrawals
will be in competition.
What lends credibility to the currently existing legal framework in the DRC
is the presence of the institutions in support of democracy, as entrenched in
articles 211 and 212 of the 2006 Constitution. These include the CEI, which has
the primary responsibility for the organisation of the electoral process. The
commission also has the duty of ensuring the regularity of the electoral
process.
2.1.2 Registration and votersâ roll
The SAOM observers confirmed that the votersâ roll was made available at the
polling centres for inspection. Before election day many voters went to check
their names on the roll. The SAOM noted that voters whose names did not appear
on the roll were assisted by the CEI. Those who lost their voting cards were
issued with duplicate cards.
2.1.3 Registration of political parties and nomination of candidates
In terms of the law presidential candidates must be Congolese citizens of at
least 30 years of age, who enjoy full civil and political rights and are not
disqualified according to criteria defined by the Electoral Law. Similar
criteria apply to candidates for the national assembly except that the minimum
age for such candidates is 25 years. In total close to 270 parties registered
for the elections. There were 33 presidential candidates. There were 9 632
candidates for the 500-seat national assembly.
The SAOM noted that the stipulated equal representation of men and women was
not adhered to by the political parties in their nomination of candidates. In
total there were only four female presidential candidates.
2.1.4 The Electoral Commission (CEI)
The mandate of the CEI is the preparation and administration of the
elections in the DRC. The CEI was able to partner with other institutions in
the country, including non-governmental organisations (NGOs), youth
organisations, political parties and community-based organisations (CBOs).
Under very difficult conditions, logistical challenges and limited resources
the CEI staff members displayed a high degree of professionalism, independence
and impartiality. In general the CEI was able to fulfil its duties which
include the responsibility of coordinating awareness campaigns and ensuring
that the electorate is well informed about the electoral process. The CEI
remarkably managed to deliver the election material in all polling stations in
this vast country.
The SAOM noted the important contribution of the international community in
assisting the CEI accomplish some of its objectives.
2.1.5 Media
Freedom of expression remains one of critical tools used as a yardstick to
measure a countryâs adherence to principles of good governance. The election
process in the DRC received extensive coverage in the countryâs media.
The Media Regulator Authority (MRA) in consultation with the CEI, was to a
greater extent able to ensure equitable access to the media and the allocation
of airtime during the elections as stipulated by the Electoral Law.
In general, there seemed to be a wide coverage of the electoral process
including the election campaign, elections, etc.
The SAOM came to the conclusion that the election campaign was conducted in
a climate free from fear of repression of divergent viewpoints in the
media.
2.1.6 Campaigning or political violence and intimidation
As stipulated by article 28 of the Electoral Law that the election campaign
is open 30 days maximum prior to the voting date and ends 24 hours before this
date, the SAOM observers confirmed that indeed the electoral law was
observed.
The election campaign process proceeded in a relatively peaceful
environment. Political candidates were able to conduct their election
campaigns. Political rallies were well attended and in most cases went without
incident.
Overall, there were high levels of political tolerance demonstrated by
candidates and the electorate. Even groups that were for various reasons
opposed to the elections were given the opportunity to demonstrate.
The SAOM noted with regret that some lives were lost during isolated
incidents of violence. While this was tragic the election campaigns in general
proceeded peacefully and voters were not deterred from going to voting stations
on election day.
2.1.7 Civic and voter education
Civic and voter education form a critical part in creating an environment
conducive to holding credible democratic elections. According to the Electoral
Law, the CEI is responsible for implementing and co-ordinating voter
information programmes for voter and civic education campaigns.
As these were the first democratic elections in 40 years, there was a need
for extensive voter education. Civic education plays an important role in
raising public awareness and confidence in the electoral process.
The SAOM noted evidence of an effective education campaign conducted in a
multi-faceted fashion which drew in governmental, non-governmental and
political party resources and networks. The SAOM noted the important role
played by radio in the education programmes. This helped some of the many
people who do not have access to televisions and newspapers. The mission noted
that the electorate was reasonably satisfied with civic and voter education and
had a good sense of where their polling stations would be located.
2.1.8 Election day
The majority of voting stations opened on time with a few exceptions where
they could not open due to a number of problems including lack of electricity
and late delivery of election material. In general voting proceeded smoothly in
the presence of party agents and national and international election
observers.
The SAOM also noted cases where ballot boxes filled up quickly and
additional ballot boxes were timeously supplied.
The SAOM did not observe any incidents of irregularities with the voting
process. On the contrary, election day was marked by a general atmosphere of
calm. Voters patiently stood in queues waiting to cast their votes. The SAOM
noted a sense of excitement on the part of the voters.
The mission commends the CEI for the professional and impartial manner in
which it conducted and managed these elections, thereby creating space for
voters to express their choices freely and without fear of intimidation.
The SAOM concludes that the elections were conducted in a peaceful,
democratic and credible manner.
3. Conclusion
The SAOM wishes to thank the CEI and the people of the DRC for the
opportunity to participate in these historic elections. During the period of
stay in the DRC, the members of the mission experienced warm hospitality and
support.
The SAOM observed that during these elections the people of the DRC were
provided with a platform to freely elect representatives of their choice.
Voting took place in a reasonably peaceful environment and electoral officers
managed to perform their tasks admirably despite several limitations.
Election day was marked by high visibility of security personnel which
contributed to an atmosphere of calm.
On the basis of observations made which were conducted in accordance with
the DRC Electoral Law, the leader of the SAOM and observers conclude that the
presidential and parliamentary elections of 30 July 2006 were democratic,
peaceful and credible. The mission is confident that space was created for the
people of the DRC to express themselves on who they wish to have as their
leaders.
Taking advantage of these elections, the first in 40 years, the people of
Congo turned up in large numbers to choose their leaders, hoping for peace,
national independence, national unity and reconciliation, democracy, human
rights and development.
The SAOM is confident that the Congolese political leadership will build on
this historic achievement to take the country forward to lasting peace,
stability and economic growth.
Enquiries:
Vincent Hlongwane
Cell: 082 385 1169
Sam Mkhwanazi
Cell: 083 628 0858
Issued by: Department of Foreign Affairs
3 August 2006
