Identifier
Created
Classification
Origin
05KINSHASA1323
2005-08-17 10:06:00
CONFIDENTIAL
Embassy Kinshasa
Cable title:  

ELECTION LAW MOVING TO CENTER STAGE

Tags:  PGOV PREL KDEM KPKO CG 
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This record is a partial extract of the original cable. The full text of the original cable is not available.
C O N F I D E N T I A L SECTION 01 OF 02 KINSHASA 001323 

SIPDIS

E.O. 12958: DECL: 08/17/2015
TAGS: PGOV PREL KDEM KPKO CG
SUBJECT: ELECTION LAW MOVING TO CENTER STAGE

REF: KINSHASA 1320

Classified By: Ambassador Roger Meece. Reason 1.4 (b/d).

C O N F I D E N T I A L SECTION 01 OF 02 KINSHASA 001323

SIPDIS

E.O. 12958: DECL: 08/17/2015
TAGS: PGOV PREL KDEM KPKO CG
SUBJECT: ELECTION LAW MOVING TO CENTER STAGE

REF: KINSHASA 1320

Classified By: Ambassador Roger Meece. Reason 1.4 (b/d).


1. (C) The next major step needed for DRC elections is an
election law to provide statutory authority and to specify
the legal parameters for general elections. The issue has
been receiving considerable attention in Kinshasa, most
recently in the August 15 meeting chaired by President Kabila
involving the DRC,s Vice Presidents, National Assembly and
Senate Presidents, the Ministers of Interior and Defense,
Independent Election Commission (CEI) President Malu Malu,
other senior GDRC officials, and the Ambassadors/Charges
representing the International Committee to Accompany the
Transition (CIAT). The bulk of discussion in that meeting
focused on urgent logistical problems in the ongoing voter
registration process (reported reftel),but discussion was
also devoted to the election law initiative.


2. (SBU) The election law project has been high on the agenda
for senior GDRC officials and CIAT members for some time.
The last meeting of the Mixed Commission for Essential
Legislation in July, involving CIAT Ambassadors and the
Parliamentary leadership, built on previous discussions to
outline a proposed course of action. A draft text for the
law has already been prepared by a team of Congolese and
international experts. This draft includes some alternative
policy options, in particular for the politically sensitive
issue of future parliamentary representation, focused on
potential proportional vs. first-past-the-post majority
representation or some mix of the two, and control of
nomination lists. The next step is for the executive branch
of the Transition Government to prepare a proposed final
draft to be presented to the parliament.


3. (C) In the August 15 meeting, Vice President Ruberwa
reported that he plans to convene the Transition Government
Political Committee this week to review the current draft
language and push forward the government,s work to prepare a
final draft. That draft, to be produced at a working level
within the Interior Ministry, will be presented to the
Council of Ministers for approval prior to formal submission
to the Parliament. There was broad agreement in the August
15 meeting on the necessity of convening a special September
session of the Parliament for the purpose of reviewing the
draft law and reaching agreement on a final approved text.
(Note: The next scheduled Parliamentary session is for
October, a session that is in theory to review and approve a
2006 budget. End note.) A formal vote to adopt the election
law, however, legally cannot be held prior to approval of the
DRC,s new Constitution in a referendum scheduled for late
November. The idea is to have the draft law approved and
ready, so that a rapid pro-forma Parliamentary adoption vote
can be held immediately following referendum endorsement of
the new Constitution. While the formal adoption vote cannot
be held immediately, it is important to have the conditions
of the elections and the system of parliamentary
representation specified, to enable other election
preparatory work to go forward on a timely basis, and to
allow political parties to organize their own election and
campaign strategies.


4. (C) The Ambassador has a meeting scheduled with Vice
President Ruberwa for August 17, and will followup regarding
the status of the needed Political Committee meeting, and
again reiterate the need for timely action.


5. (C) Comment: The representation formula and control of
the nomination lists are highly sensitive subjects with
broad implications for the future elected government. There
is widespread agreement among Congolese and international
experts that at least some form of proportional
representation must be included in the future National
Assembly, for example, to ensure adequate participation in
the future government by members of the DRC,s highly diverse
ethnic, regional, and political groups. At the same time, it
is also well recognized that the large majority of Congolese
are focused on voting for individuals rather than for
political parties per se, a tendency that will likely be
magnified in selections for parliamentary and local
representatives from local districts. Control of the
nomination lists is key as well, potentially handing a
powerful tool to senior party chiefs. It will be important
to keep DRC political leaders in all parties focused on the
need for timely agreement on these sensitive topics - with of
course major implications for the potential future job
prospects for the members of Parliament themselves. Most of
the rest of the voluminous election law draft is highly
technical in nature. End comment.


MEECE