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Congo (Kinshasa): Elections and More
AfricaFocus Bulletin
May 4, 2006 (060504)
(Reposted from sources cited below)
Editor's Note
The first round of presidential elections in the Democratic
Republic of Congo is now scheduled for July 30, after repeated
delays. South Africa is taking responsibility for producing the
ballot papers, while the European Union will send over 1,000 troops
to aid United Nations forces in maintaining security during the
elections. The elections, observers stress, are only one of the
essential steps for consolidating peace in the country.
This AfricaFocus Bulletin contains a press release and summary from
the latest report by the International Crisis Group
(http://www.crisisgroup.org) on "Congo's Elections: Making or
Breaking the Peace," and an earlier call by international and
Congolese non-governmental organizations for the Congolese
government to act on the recommendations of the Lutundula
parliamentary report on corruption during the conflict from 1996
to 2003.
For additional background reports, including reports on the
situation of displaced people and continuing conflict in eastern
Congo and in Katanga, see the UN's Integrated Regional Information
Networks (http://www.irinnews.org/frontpage.asp?SelectCountry=DRC),
AllAfrica.com (http://allafrica.com), and the comprehensive website
in English and French of MONUC, the UN Mission in the DR Congo
(http://www.monuc.org). For previous AfricaFocus Bulletins on Congo
(Kinshasa), visit http://www.africafocus.org/country/congokin.php.
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Congo's Elections: Making or Breaking the Peace
International Crisis Group (Brussels)
http://www.crisisgroup.org
Press Release
April 27, 2006
The Congo's first free elections in 40 years should be a major step
toward ending the country's long conflict, but if not carried out
properly, they could trigger further unrest.
Congo's Elections: Making or Breaking the Peace, the latest
briefing from the International Crisis Group, analyses the
approaching multiparty presidential and legislative elections, the
first since 1965, and warns that missteps could disrupt the fragile
peace. There is potential for electoral fraud, parties are
relatively weak, and the main opposition group plans to boycott.
The considerable number of registered political parties - some 269
- will likely fragment the opposition even further.
The most immediate threat to stability comes from the east.
Dissidents from the Congolese Rally for Democracy (RCD), which
controlled one third of the country during the war and now stands
to lose most of its influence, could try to fuel chaos in North
Kivu in hopes of undermining the polls. Disenfranchised politicians
elsewhere might also challenge the results violently if the polls
are not fair and inclusive. The potential for fraud is high, as the
security forces and media are deeply politicised and there is
almost no regulation of campaign finance. The international
community and the transitional government must act to make sure
there is adequate monitoring of the whole electoral process. If
elections are rigged, the Congolese will suffer the consequences
for at least five years.
"The population has grown weary of a transitional government that
is more concerned with personal enrichment than lifting them out of
misery, and they are counting on the ballot box to improve their
lot," says Crisis Group Senior Analyst Jason Stearns. "If the
elections go awry, they will turn once again to violence"".
The election date, already postponed five times, is still
uncertain. It is unlikely that elections can be held by the target
of 30 June, and the main opposition party will use this delay to
stage protests that could turn violent. The electoral commission
should announce a new, realistic date, which should be not later
than 12-13 August, with local elections to follow as quickly as
possible. The transitional government should accept a proposed
independent body of respected figures from the region to help
resolve quarrels between candidates. Congolese officials and the UN
mission should work together to contain the threat in the east by
promoting an open dialogue about ethnic reconciliation while
isolating and arresting the leaders of the dissidents. Except in
areas where militia threaten the local population, the army should
be garrisoned and paid properly through the election period.
"The Congo's stability is at stake", says Caty Clement, Crisis
Group's Central Africa Project Director. "Elections are the first
step, but real stability will come only if democratic institutions
such as courts, media and parliament are given real clout and laws
are enforced. Congolese will measure the peace dividend by these
changes".
Congo's Elections: Making or Breaking the Peace
International Crisis Group
Africa Report N 108
Nairobi/Brussels, 27 April 2006
Executive Summary and Recommendations
As the Congo approaches its first free elections in 40 years, the
stability of the country remains at risk, for three main reasons.
First, one of the main former rebel groups, the Congolese Rally for
Democracy (RCD), is unpopular and stands to lose most of its power
at the polls: this has triggered a resurgence of violence in the
east, which is likely to intensify before and after elections, as
dissident RCD troops attack the newly integrated national army.
Secondly, the vote has not been adequately prepared. With few
safeguards in place against fraud, rigged polls could rapidly
undermine stability after the elections and produce unrest in
cities. Thirdly, the country's long-time political opposition,
Etienne Tshisekedi's Union for Democracy and Social Progress
(UDPS), will boycott the voting, unhappy with the other main
parties' unwillingness to negotiate with it. This is likely to
cause unrest in the two Kasai provinces and Kinshasa, where
Tshisekedi enjoys substantial support.
The east is the most immediate flashpoint. Elections will radically
change the political landscape. The RCD, whose military wing once
controlled over a third of the country, will likely go from being
a major national player to a small, regional party. This
probability is tightly linked with fighting in the east, where
dissatisfied RCD elements remain a security hazard, particularly in
the Kivus. In North Kivu, former RCD units have refused army
integration. Led by Laurent Nkunda, they have repeatedly attacked
other, integrated units, most recently causing the displacement of
50,000 to 70,000 civilians around Rutshuru. The fighting has taken
on an ethnic tinge, as the dissidents are all Congolese Hutu and
Tutsi. This has exacerbated tensions within the province, where
these communities have long-standing land conflicts with other
ethnic groups. Unless prompt action is taken to address these
underlying political grievances and to arrest the armed dissidents,
further fighting is inevitable.
The potential for electoral fraud is considerable. The ministry of
justice has failed to push through laws designed to guarantee
judicial independence. The courts that will need to investigate and
adjudicate election disputes remain politicised. A draft law to
regulate campaign finance has also been shelved. At the same time,
former belligerents retain parallel chains of command in the
security forces charged with securing elections and have not been
reluctant to influence and intimidate voters. In Kinshasa and
Lubumbashi, these forces have been used to harass political parties
and disperse demonstrations. The national police are poorly
trained, and the new army is weak, deeply politicised and mostly
still not integrated.
The elections are likely to be postponed a sixth time, due to
logistical and legislative delays, in which case they would be held
after the 30 June 2006 deadline established by the peace deal. The
new constitution adopted by referendum in December 2005 and
promulgated in February 2006 stipulates that transitional
institutions remain in place until elections are held, suggesting
that such a further delay is legally possible. However, the UDPS
would likely use the missed date to mobilise demonstrations in an
attempt to upset the process, and other groupings that anticipate
poor electoral results, like the RCD, might well join.
The question is political, not legal. It is important to complete
the electoral process without further delay, or at most the minimal
delay necessitated by technical requirements. Lengthy postponement
to extend the privileges of political elites would not be
acceptable. A realistic date by which to hold presidential and
national assembly elections if they must be postponed again would
be 12-13 August. Efforts should be made to maintain a dialogue with
the dissatisfied elements, not to permit them a veto over the
electoral process but in order to preserve the inclusiveness of
that process to the greatest degree possible and to keep the peace
after the elections.
Elections are a step in the right direction, but if not carried out
properly they could trigger further unrest. If the population and
leaders conclude change cannot come peacefully through the ballot
box, they may well resort to violence to contest the results. The
transitional authorities and the international community have the
responsibility to ensure that these elections - the first with
multiparty choices since 1965 - are a genuine milestone marking the
end to the Congo's long conflict.
Recommendations
To the Transitional Government of the Democratic Republic of the
Congo:
- Hold the first round of the presidential and national assembly
elections no later than 12-13 August 2006 and complete the
electoral cycle by holding local elections as quickly thereafter as
possible.
- Promptly provide a plan for the distribution of ballots and
voting materials to avoid further delays in the electoral calendar
and ensure free and fair elections.
- Accept an independent body to help resolve quarrels between
candidates during the electoral period, such as the "committee of
the wise" proposed by the UN Mission in the Democratic Republic of
the Congo (MONUC), which would be composed of eminent officials
from the region and act in close coordination with the electoral
commission.
- Commit to an early census after the elections and to
redistribution of parliamentary seats in accordance with its
results.
- Deploy the presidential guard to cities only immediately before
a presidential visit and withdraw it immediately thereafter so it
cannot be used to influence the electoral process unduly, and
withdraw it also from Kindu, Kisangani and Mbandaka, where it has
committed numerous human rights violations.
- Keep the army in its garrisons during the election period,
except for border areas and places where militia seriously threaten
the local population.
- Give the High Authority of the Media sufficient resources to
monitor and resolve disputes over media activity during the
electoral process, including to open offices with sufficient and
properly funded staff in all provinces.
- Give the courts sufficient resources to monitor and resolve
election disputes, including for the Supreme Court to send more
judges to its provincial branch offices.
- Discuss the report of the Lutundula commission on war-time
contracts and publicise its findings widely.
- Encourage the political parties to publicise their finances
widely, including in the media.
- Demonstrate commitment to implement the objective of the new
constitution to achieve gender parity in national, provincial and
local institutions by including all stakeholders, particularly
women, in the electoral process, including by encouraging all
parties to discuss gender issues in their platforms and otherwise
acting to ensure significant representation of women in elected
bodies.
- Deal with the dissidents in North and South Kivu by both
peaceful and military means:
- establish a land tenure commission and strengthen the land
registry to prevent future disputes;
-
discuss ethnic reconciliation openly in the east during the
electoral campaign; and
-
ensure that all army brigades are adequately fed and paid so
they no longer present a security hazard and use the integrated
brigades to arrest notorious trouble makers, such as Laurent
Nkunda, in coordination with MONUC.
To political parties participating in the elections:
- Agree to make every effort to nominate women for at least 20
per cent of the appointive positions in government, judicial and
public administration bodies, including ministries, after the
elections.
To the Members of the International Committee for Support of the
Transition (CIAT):
- Support creation of a body of eminent, independent
personalities from the Central Africa region that can help resolve
quarrels between parties during the electoral period, along the
lines of the "committee of the wise" proposed by MONUC.
-
Visit Goma, Bukavu and Uvira to speak with local authorities
about the growing unrest in the Kivus and support a genuine
mechanism for local reconciliation.
-
Strengthen the judicial system by financing deployment of more
judges to the Supreme Court's provincial branch offices and provide
them with adequate resources to process electoral disputes.
To the Independent Electoral Commission and Observers from
Congolese Civil Society Groups and Foreign Missions:
- Coordinate efforts so that observers are present at the largest
possible number of polling stations.
To the United Nations Security Council, the Secretary-General and
MONUC:
- Devise a coherent strategy for dealing with the insurgents in
North Kivu that:
- addresses the grievances of the local communities, in
particular land tenure problems, and helps the local and national
government set up a commission to explore more effective dispute
settlement mechanisms;
- reinforces the legal system so it can impartially investigate
human rights abuses and demarcates land holdings in the province;
and
- prepares with the Congolese army an operation to arrest Laurent
Nkunda, using integrated brigades and closely monitored to prevent
abuse of civilians.
To Donors:
- Consider creating a fund to support the campaigns of women
candidates, including through training and financial assistance.
DR Congo: End Illegal Exploitation of Natural Resources
Government must act on Parliamentary Commission's Recommendations
Human Rights Watch
http://www.hrw.org
(London, February 21, 2006) - The government of the Democratic
Republic of Congo must act promptly on the recommendations of a
Congolese parliamentary investigation that uncovered illegal
natural resource exploitation and profiteering from armed conflict,
said a leading group of international human rights, environmental
and aid organizations today.
In June 2005 the Lutundula Commission, a special National Assembly
commission led by parliamentarian Christophe Lutundula, submitted
a report on its investigations into mining and other business
contracts that rebels and government authorities signed between
1996 and 2003, when Congo was wracked by war. The report found that
dozens of contracts are either illegal or of limited value for the
development of the country and it recommends their termination or
renegotiation. It further recommends judicial action against a
number of senior political and corporate actors involved in these
operations.
[Note: The text of the Lutundula Commission, in French, is
available at http://www.freewebs.com/congo-kinshasa/]
After eight months of delay, the office of the National Assembly
headed by Olivier Kamitatu decided last week to distribute the
report to all parliamentarians, though no decision was made on when
it would be officially examined by the chamber. Local sources
reported the delay was due to pressure by senior politicians named
in the report and leading figures of some of the main political
parties who wished to bury it before elections scheduled for May.
Discussion of the commission's report by the National Assembly has
already been postponed twice and due to a heavy parliamentary
agenda, risks being further delayed.
"For years, Congo's politicians have struck deals that enrich
themselves but provide no benefit to the Congolese public. Profits
from such deals have often come at the cost of enormous suffering
and loss of human lives," said the coalition of non-governmental
organizations. "Parliament must scrutinize the Lutundula
Commission's findings and hold political actors accountable before
the elections."
Since the start of the transitional government in June 2003, armed
groups linked to neighboring countries and corrupt Congolese
government officials have continued illicit economic exploitation
in the country. Last month, a United Nations arms monitoring group
reported to the Security Council that the competition for control
of natural resources continues to fuel the violent conflict in
eastern and southern Congo.
The Lutundula Commission report draws attention to the ongoing
illegal exploitation and recommends an immediate moratorium on the
signing of new contracts until after the elections. To ensure
continued parliamentary scrutiny, it also calls for an expansion of
its mandate to investigate contracts signed during the transitional
period from June 2003 to present. These recommendations, made eight
months ago, were ignored. Meanwhile, political and corporate actors
have concluded new mining deals with minimal oversight.
While carrying out the investigation, some members of the
commission were threatened and they found politicians, officials,
and company executives unwilling to answer questions. Despite
support from the World Bank for the commission?s work, a number of
countries and international organizations also refused to assist
the commission. Officials from the United Nations and the Belgian
Senate, both of which had investigated natural resource extraction
in the Congo between 2000 and 2003, withheld important information
regarding some of the illegal deals, citing concerns over
confidentiality.
In its report, the commission corroborates the central findings of
the U.N. Panel of Experts and other investigations, which concluded
that belligerents were motivated in part by their desire to exploit
Congo?s mineral and economic wealth. Belligerents used some of
their profits to finance further military operations that often
involved widespread human rights abuses against civilians and
violations of international humanitarian law. The war is estimated
to have caused the deaths of four million people in Congo, the
highest death toll in terms of civilian lives since World War II.
Set up by the peace accords of 2003, the Lutundula Commission
includes representatives of all the major parties to the conflict.
The commission assessed the legality of deals entered into by the
former belligerents and their possible benefits for the nation. In
its first report, the commission recommends that sixteen contracts
be ended or renegotiated and that twenty-eight Congolese and
international companies be investigated for violations of Congolese
law. The commission also recommends that seventeen persons be
prosecuted for fraud, theft and other charges. A second report
detailing the financial costs of the war is soon to be submitted by
the commission.
"When the peace accords were signed, all parties agreed to
investigate these deals. Now that the commission has found proof of
corruption and abuses, Congolese leaders must squarely address the
problem," said the coalition of international NGOs. "Parliament
must promptly put the commission's report on its agenda and take
action on its recommendations before the end of the transition
period."
The group of international and Congolese human rights,
environmental and aid organizations includes:
Association Africaine de Droit de l'Homme (ASADHO-Katanga)
Broederlijk Delen
Centre National D'Appui Au Developpement et a la Participation
Populaire (CENADEP)
Fatal Transactions
Friends of the Earth-USA
Global Witness
Groupe d'Appui Aux Exploitants des Ressources Naturelles (GAERN)
Human Rights Watch
International Crisis Group (ICG)
Netherlands Institute for Southern Africa (NiZA)
Nouvelle Dynamique Syndicale (NDS)
Organisation Concert?e des Ecologistes et Amis de la Nature (OCEAN)
Rights and Accountability in Development (RAID)
The Rainforest Foundation UK
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