DRC ELECTIONS: WHEN DOES THE CAMPAIGN REALLY BEGIN?

UNCLAS KINSHASA 000630

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PGOV KDEM KPKO CG
SUBJECT: DRC ELECTIONS: WHEN DOES THE CAMPAIGN REALLY BEGIN?

REF: KINSHASA 620


1. (SBU) Summary: Confusion reigns, even within the
Independent Electoral Commission (CEI) itself, as to the
proper interpretation of when the "official" presidential
campaign period should begin. At least two different
intepretations, based on two contradictory clauses of the
Electoral Law, have been offered by the CEI's own experts.
Meanwhile, a third expert opinion attempts to override both.
End summary.

--------------
Intepretations Number One and Two...
--------------


2. (U) The CEI has requested the executive office of the
National Assembly to clarify the DRC's electoral law with
regard to when presidential election campaigning can
officially begin. The CEI's spokesman had announced April 17
in a press interview that the campaign had begun 24 hours
after the publication of the final list of presidential
candidates on April 15. Other judicial experts within the
CEI, however, disputed that assertion, saying that the
campaign could not begin until 30 days before the election,
currently scheduled for June 18. In an April 19 press
conference, Malu Malu asked all presidential candidates who
had begun their campaigns to cease such activity until the
National Assembly renders a decision.


3. (U) At the heart of the matter is a possible contradiction
betwen Articles 28 and 110 of the electoral law. Article 28
stipulates that the electoral campaign begins a maximum of 30
days before voting and ends 24 hours before election day.
Meanwhile, Article 110 (which directly addresses the
presidential campaign) states that without harming ("sans
prejudice," in the original French text) the provisions of
Article 28, the electoral campaign begins 24 hours after the
publication of the final list of candidates and ends 24 hours
before voting. It is the interpretation of Article 110's
opening clause ("sans prejudice") that is apparently causing
the confusion.

--------------
...or maybe Number Three...
--------------


4. (SBU) In an internal memo from the Commission's legal
committee, the CEI's legal staff argued the campaign could
not begin for different reasons. The committee reported that
Article 11 of the electoral law states it is only the
executive office of the CEI that can announce when the
campaign begins, and it can do so only based upon an
established electoral calendar. Since a final calendar has
not yet been announced, the committee reasoned that -- in
either case -- the spokesman's statement regarding the
beginning of campaigning was premature.

--------------
...with Provincial Elections to Follow
--------------


5. (U) During his press conference, Malu Malu announced new
dates for the enrollment of provincial candidates. Potential
candidates will be allowed to register from May 2 to May 22.
(Note: The CEI's previously published registration calendar
had scheduled provincial candidate enrollment from April 20
to May 11. End note.) A provisional list of candidates is
expected June 6. After receiving any challenges to this list,
the DRC's Appellate Courts will render their decisions, and a
final list will be announced June 16. The CEI has not yet set
a date for the election of provincial deputies, who will
subsequently elect the DRC's senators and governors.

--------------
Comment
--------------


6. (SBU) The most troubling aspect of this controversy is
that the CEI, the body charged with running elections and
implementing the DRC's elections laws, does not have a clear
understanding of what those rules are and how they should be
interpreted. The emergency meeting of the CIAT to address
this question is to take place on April 21. End comment.
DOUGHERTY