CEI RESPONSES TO BEMBA'S COMPLAINTS

UNCLAS SECTION 01 OF 02 KINSHASA 001774 SIPDIS SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PGOV KDEM CG ELECTIONS SUBJECT: CEI RESPONSES TO BEMBA'S COMPLAINTS REF: A. A. KINSHASA 1765 ¶B. B. KINSHASA 1762 ¶C. C. KINSHASA 1752 ¶D. D. KINSHASA 1759 ¶E. E. KINSHASA 1755 ¶1. (U) Summary: Presidential candidate Jean-Pierre Bemba, in his capacity as President of the Movement for the Liberation of the Congo (MLC),filed six separate complaints with electoral authorities of alleged irregularities in the DRC's October 29 election. Most were general and not backed up by evidence. The Independent Electoral Commission (CEI) has responded to four of the six complaints of its handling of the votes and vote counts. Bemba has since filed formal complaints with the Supreme Court in accordance with electoral law (ref A). End summary. ¶2. (SBU) In his November 16 statement challenging the results of the October 29 DRC elections (ref B),presidential candidate Jean-Pierre Bemba charged that the Independent Electoral Commission had responded to only two of six written complaints. Bemba allies have been vocal on this issue, erroneously claiming that the CEI has refused to respond to any of his allegations of irregularities (ref C). ¶3. (SBU) In fact, the CEI had responded to four of the written complaints submitted by Bemba, acting in his capacity as National President of the MLC, by that time his statement was issued. Analysis of the documents indicates that the complaints were general in nature and lacked supporting evidence. The CEI responses concluded that there were no irregularities sufficient to overturn the results. ¶4. (U) In his first complaint, dated November 8, Bemba cited alleged "anomalies and irregularities" in various parts of the east. Specifically, he claimed that his party witnesses were denied access to voting stations "in all of the bureaus in South Kivu, North Kivu, North Katanga and Maniema," in violation of electoral law; this would represent several thousand stations. He also claimed that voter turnout in those areas was exceptionally high, implying that the numbers were falsified. ¶5. (U) The CEI responded in separate letters November 10 and 11 that alleged violations of electoral law must be brought before a court, rather than the CEI. They also noted that, without more details regarding specific polling stations, they could not investigate generalized complaints of allegedly inflated numbers. For those stations which Bemba specifically cited, the CEI arranged for a recount at the local compilation center, and even rescheduled the recount at the request of Bemba's party witnesses. ¶6. (U) In his second complaint, dated November 9, Bemba alleged an allegation of "infiltration of false ballots" at an unspecified compilation center in Bandundu province. (Note: There are six compilation centers total in Bandundu. End note.) The CEI has not yet provided a direct response to this complaint. ¶7. (U) In his third complaint, also dated November 9, Bemba alleged that there were "flagrant anomalies" in vote counts in the city of Lodja, Eastern Kasai and the regional compilation center in Lusambo. The CEI responded that it had already explained the vote count to Bemba's representatives, but ordered a re-count in the Lusambo center. It noted, "The witnesses for the Union for the Nation haven't wanted to collaborate in this exercise, taking into account the urgency of answering this question, we would be happy if you use your authority to order them to participate without delay." ¶8. (U) Bemba's fourth complaint, dated November 10, focused primarily on the number of votes by special dispensation (ref D). In its response, the CEI noted it was conducting a review of these votes. It also refuted allegations of several "fictitious voting stations" in Lubutu that were raised in the same complaint, noting that the station numbers noted were actually part of a different territory. ¶9. (U) In his fifth complaint, dated November 12, Bemba raised questions regarding the large number of ballots cast by voters on "omitted" and "special" lists. The CEI responded by distributing a CD-ROM which contained specific lists representing voters expected to participate, voters identified on the annotated lists, and absentee voters on each of the omitted and special voters lists. It closed by KINSHASA 00001774 002 OF 002 stating that "the CEI considers that all of your concerns have been completely addressed." ¶10. (U) CEI officials confirmed that Bemba filed a sixth complaint, dated November 16, but told us they would not consider a response since the letter largely repeated issues they had already addressed. This complaint was not submitted to the CEI until after its announcement of provisional election results November 15 (ref E). ¶11. (SBU) Comment. The focus is now on the Supreme Court, which Bemba has asked to annul the results of the presidential election based on "irregularities" (ref A). The court has seven days from November 19 to issue its findings on all complaints brought before it, and to certify the provisional results announced on November 15. End comment. MEECE