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