Loi n° 15/ du 1eraoût portant modalités d’application des droits de la femme . des listes électorales dans les conditions prévues par la Loi électorale. PACEC: Projet d’appui au processus électoral en RDC .. o La loi n°15/ du 12 février , valant loi électorale, modifiant et. 28 juil. Conformément à l’article de la loi électorale en vigueur en , la caution était payée par liste et non par siège au montant de FC.
|Published (Last):||11 July 2011|
|PDF File Size:||17.30 Mb|
|ePub File Size:||1.9 Mb|
|Price:||Free* [*Free Regsitration Required]|
On 15 June the Congolese Parliament adopted, after nearly three months of debate, the new electoral law. Parliament e,ectorale three months of debate to reject most of the amendments proposed by the 2051 party PPRD. In doing so it demonstrated that the executive could not simply trump its interests. In the wake of constitutional changes widely perceived to benefit President Kabila, [fn] On 15 JanuaryPresident Joseph Kabila put several controversial constitutional reforms to the vote during a joint session of with both houses of parliament, in order to change the presidential elections from two rounds to a single round.
This waived the requirement that the winning presidential candidate needs more than 50 per cent in the first round to avoid a second round and allowed a candidate to win the presidency with less than 50 per cent of votes. Hide Footnote rumours that the proposed electoral law would seek to exclude certain candidates on the basis of their age, residency or tax returns were persistent.
DR Congo’s Electoral Law for Choosing Continuity | Crisis Group
The text presented by Tunda Yakasendwe, national deputy for the PPRD, offered significant modifications to the Congolese electoral system, starting with the voting system. Perhaps most important, it proposed changes to the way in which deputies are elected. Its Article modified the current system of proportional representation. According to the existing voting system for the lower house, deputies are elected by proportional representation with open lists from districts, which each elect between one and four deputies depending on their number of registered voters.
Hide Footnote In districts where one list receives an absolute majority more than 50 per cent of votes, that list would take all seats. In districts where no one list attains an absolute majority, proportional representation would be retained, with lists receiving seats based on their vote totals.
Such an electoral disposition would have obstructed independents 63 were elected ineliminated some smaller parties from national representation 56 parties currently have less than 5 seats, including 31 with only 1 seat and, as such, would have put an end to the necessity of political alliances which has dominated parliamentary life during this legislature. The proposed bill put forward by the government included other innovations which, while not as fundamental as the amendment to lower house elections, were no less strategic.
Hide Footnote imposing significantly more restrictive financial barriers on eligibility.
RDC: le projet de loi électorale enfin voté
Hide Footnote As in some other African countries, [fn] From South Africa to Chad, attempts at politicizing traditional chieftains by political powers are numerous.
For a recent example in Chad, cf. The Next High-risk Area? Finally, the new text stipulated that the 24 communes of Kinshasa would become electoral districts, replacing the four existing districts. Hide Footnote Kinshasa rcc currently a bastion of the opposition, but this new division would have created several districts in the capital favouring the ruling party or its allies.
Numbers cited from Thierry Coosemans, Radioscopie des urnes congolaises, Paris, The ruling party expected the legislature to take only a few days to rubber stamp its changes, but instead parliamentarians spent three months over the bill, during which they amended it extensively. The text adopted by both houses on 15 June rejected several proposed changes, preserved others, but on the whole returned to the system used for the polls.
The prospect of changes to the voting system used for deputies crystallised opposition against the proposed law. Scared by prospects of an increased dominant ruling party [fn] Interview by Crisis Group with a politician from the presidential majority, Kinshasa, 4 June Hide Footnote — and, in some cases, of losing their seats — deputies rejected the proposed bill rxc 11 May with votes, against only 23 who favoured the bill and 12 who abstained.
While the AMP was an alliance of parties on a pretty equal footing, the PM is structured around the PPRD and only political electorxle with a national representation can belong to it. The stated objective of this transformation was to assure that the PPRD possessed a majority representation in the heart of the PM, as well as in any future government by reducing the number of alliances with minority parties in the heart of the coalition.
Hide Footnote parliamentarians upped the pressure by delaying their scrutiny of the text, and then linking final debates of the bill to salary negotiations.
Hide Footnote As inthe diaspora has not been enfranchised. Furthermore the constitutional principle of parity between men and women [fn] Article 14 of the constitution of the Democratic Republic of Congo, Official Journal, 18 February Hide Footnote was only included as a desired condition, rather than a legal requirement for electoral lists, as requested by some parties. Nevertheless, the non-realization of parity between men and women and the non-presence of those living with a handicap shall not be a motive for the inadmissibility of a list.
Hide Footnote Women currently represent only Although rejecting major changes, the legislature nevertheless introduced several innovations to the new electoral law:. Hide Footnote Here again lawmakers reaffirmed their authority as a check on executive power. The adoption of the electoral law by both houses of the national assembly does not signify that the legal framework for elections is complete.
Deputies will convene for an extraordinary session in July and the senators will meet in August to finalise the annexes to the electoral law, which include determining electoral districts. Annexes to the electoral law defining district boundaries and the allocation of seats to districts must be adopted by Parliament before candidate registration starts. A delay would be all the more problematic given that voter registration — which is nearing its end — has taken longer than expected.
Moreover several provinces saw demands to extend it and the opposition has denounced irregularities. On 4 Julya memorandum by the opposition party UDPS complaining of voter registration irregularities gave rise to the first clash between police and protesters in Kinshasa.
Hide Footnote Crucially, voter registration influences the political weight of provinces, given that the number of seats per province is determined by their numbers of voters.
Paradoxically, changing the electoral law has been more difficult than changing the constitution. The modifications intended by the ruling party this time sought to shift rules for the election of deputies, which in many cases may have affected their re-election.
Parliamentarians sought to maintain an electoral landscape as open as it was inwhen some 10, candidates competed as national candidates and about 14, for provincial office. Outside powers should keep pressing Kabila to stand down and allow opposition candidates to participate.
His likely re-entry into Congolese politics will shake up the campaign ahead of elections slated for December Why does it matter? Bemba has the profile to contest the presidency. For President Kabila, whose attempts to retain power face stiff domestic and international opposition — or for a successor Kabila anoints — Bemba represents a threat. What should be done? International actors need to maintain pressure for elections at the end of without Kabila.
If Kabila stands aside and prospects of a genuine contest for power improve, credible polls and commitments by contenders to avoid inflammatory campaign language and pursue post-election grievances peacefully will be critical. Bemba has the profile to mount a serious bid for top office. He remained politically active in detention, as far as the conditions of his custody would allow, and it seems very likely that he will seek a political comeback.
For Kabila, or a successor he picks from his inner circle or the ruling majority, Bemba is a political threat, but his return could also present an opportunity to split the opposition vote. International actors must remain focused on persuading Kabila to stand aside and for elections to take place in December, as scheduled.
That said, a more competitive contest could also prove a flashpoint for violence and will make it all the more important that Congolese citizens and politicians regard the vote as credible.
Part political party, part armed group, the MLC allied itself with Uganda and occupied most of the north of the country in the subsequent civil war. After the Pretoria power-sharing agreement, he became, in Julyone of four vice presidents in the transitional government. He scored strongly in the west, north, Kasai and Kinshasa.
As influential opposition leader Etienne Tshisekedi and his party, the Union for Democracy and Social Progress UPDSboycotted the elections, Bemba was the uncontested candidate of the west as Kabila dominated in the east.
Bemba found refuge at the South African embassy and negotiated his departure to electirale in Portugal in April. A year later, he was arrested on an ICC warrant in Belgium. During his imprisonment in The Hague, Bemba remained president of the MLC and senator, and even hoped to run in the presidential election.
But shorn of rrdc figurehead, his party haemorrhaged support, losing 42 of its 64 seats in parliament in the elections. In MarchBemba was convicted by the ICC and sentenced to eighteen years in prison on two counts of crimes against humanity and three counts of war crimes. Later the same year, the court also convicted him of witness tampering. Despite his acquittal, Bemba was not immediately freed because he is still awaiting final sentence in the separate case in which he was found guilty of influencing loii in relation to the principal case.
Regarding the charge of witness tampering, Bemba has already served over 80 per cent of the maximum sentence of five years, given that he was served an arrest warrant in November The court thus called a status conference in his case on 12 June, and provisionally released him until his final sentence is decided on 4 July A return elecrorale custody appears unlikely, and even were that to happen and Bemba to serve the maximum sentence, he would be out in time to participate in the electoral campaign, which starts 22 November Several senior members have left to join either the government or other opposition parties.
However, the MLC is still one of the major opposition formations and has one of four opposition representatives — with Nadine Mishika Tshishima, who is deputy quaestor deputy head of finances — in the electoral commission CENI.
From his cell in The Hague, Bemba kept tight control over the party but there is little doubt it would have suffered further losses in the forthcoming elections without his release. As provincial and senatorial elections were not held inBemba remains a senator and as such enjoys parliamentary immunity as well as freedom of movement.
Bemba will still have to register in-country as a voter to be allowed to participate in elctorale election ellectorale a candidate. Opposition parties are operating under constraints, as the government continues to impose restrictions on political freedoms, clamp down on elfctorale meetings and harass several opposition leaders. The situation remains fluid, but thus far two opposition blocs are emerging through a process of slow negotiation.
Both leaders have recently held talks with international partners and have discussed a possible electoral pact and prospects for uniting behind a single presidential candidate.
It remains unclear whether Katumbi will be able to run, as he is facing eletorale legal challenges, including claims that he has forfeited his Congolese citizenship. Tshisekedi, who remains untested, is trying to follow the footsteps of his father, Etienne, who passed away in Electkrale He has a functioning but divided party and lacks the resources to wage a nationwide campaign. If the vote is any guide, Bemba could expect to gather strong support in main urban areas — in particular Kinshasa — as well as in his home turf in the north-western former Equateur province which was divided in into five provinces: Coalition building is important for parliamentary and provincial elections as parties will have to meet the respective electoral thresholds they need 1 per cent of votes nationwide to qualify for parliamentary seats and 3 per cent of provincial votes for provincial council seats.
Bemba also has a strong national stature and is as well electoralr as Katumbi to attract allies and position himself electorake the centre of a countrywide coalition.
That a number of opposition leaders maintain the aura of being presidential hopefuls to strengthen their hand in intra-opposition negotiations further complicates efforts to arrive at a consensus. Their often opportunistic past trajectories could make alliance building easier, but it also means they may first electora,e to overcome some bad blood.
Another close Katumbi ally, former rebel leader Mbusa Nyamwisi, also has a difficult past with Bemba — they were on opposing sides in a bloody war in the north east in and Under the de facto leadership of Senate President Kengo wa Dondo these forces thus far have failed to challenge Kabila. That could change if they rally around Bemba. Which opposition leaders will be able to run?
Will any opposition leader stand aside to avoid a split opposition vote and, if so, which leaders? And, last but not least, is Kabila willing to cede power and not contest the vote? Hide Footnote If the president does find a way to run, then opposition politicians would likely boycott the vote. This would increase prospects of an opposition vote splintered among different major candidates, each largely relying of votes lol their respective regional strongholds.
The government may even be tempted to stimulate further communal tensions in the provinces to prise apart opposition candidates and make alliance building harder. They fear that people electora,e the west could take revenge on the Swahili speakers from the east, associated with the Kabila regime since