DRC'S OPPOSITION LAW NEARLY READY FOR PLENARY

C O N F I D E N T I A L SECTION 01 OF 02 KINSHASA 000644

SIPDIS

SIPDIS

E.O. 12958: DECL: 06/11/2017
TAGS: PGOV KDEM CG
SUBJECT: DRC'S OPPOSITION LAW NEARLY READY FOR PLENARY
DEBATE

Classified By: PolOff CBrown, reasons 1.4 b/d.


1. (C) Summary: National Assembly deputies working on the
DRC's draft law on the rights and status of the political
opposition have nearly completed work on the document,
according to several parliamentarians. The law seeks to
establish a legal and operational framework for a "positive
and constructive" opposition, establishing the rights,
responsibilities and representation of the political minority
in the government. Deputies have apparently reached a
compromise on how the leader of the opposition will be
designated and the role such a person will play. The law is
expected to be submitted soon to the Assembly's plenary for
debate. End summary.


2. (C) The National Assembly's Political and Justice (PAJ)
Commission is putting the final touches on the DRC's law on
the status of the opposition, according to commission members
and National Assembly President Vital Kamerhe. In separate
meetings with DAS James Swan June 8 in Kinshasa, Kamerhe and
MLC deputy Thomas Luhaka said parliamentarians had agreed on
the major points of the law, which spells out the rights and
responsibilities of the country's political opposition, as
well as penalties for those who limit or block the
opposition's rights. Both said the commission had reached a
compromise as well on one of the law's more contentious
points -- the designation and role of the leader of the
opposition. The draft law is now expected to be submitted to
the National Assembly plenary for debate in the coming days.


3. (C) The original draft law was written by PAJ Commission
president Delly Sesanga, a member of Jean-Pierre Bemba's MLC
party, at the initial urging of Kamerhe. Since early May,
commission members have been studying, debating, and refining
that draft. An early eight-page version of the law obtained
by post lays out a legal and operational framework for the
political opposition, granting it certain protections and
rights as a "positive and constructive" actor within
government institutions. According to the first draft, the
opposition has the right to ask for information from the
government; to criticize the government and to make
counter-recommendations without fear of retribution; and to
participate in state institutions where it is represented in
proportion to its "political weight." The law further
guarantees that the rights of the opposition cannot be
suspended or curtailed during a time of crisis.


4. (C) Sesanga told PolOff June 11 the language concerning
proportional opposition representation in government
institutions will not be applied until a new legislature is
elected in five years. He said commission members, including
opposition deputies, realized it would benefit no one to
rearrange the Assembly's executive bureau or to reassign the
leadership of the chamber's permanent commissions. Sesanga
added that the concept of proportional representation would
only concern the National Assembly and Senate, not
ministerial positions.


5. (C) One of the more contentious elements of the law
involved the definition, selection and role of the head of
the opposition. Sesanga's original draft called for the
creation of a "leader" ("chef de file") of the political
opposition, who would be the head of the largest opposition
party in the National Assembly. (Note: Under this construct,
the position would have gone automatically to Bemba. End
note.) Alternative propositions sought to identify the
opposition leader as the person who received the
second-largest number of votes in the presidential election.
(Note: Again, Bemba. End note.)


6. (C) According to Kamerhe and Luhaka, deputies have
subsequently agreed to compromise language that instead
identifies a "coordinator" of the opposition, to be selected
by all members of the political opposition in the Assembly
and Senate. Independent MPs would not participate in this
choice, according to Luhaka. This "coordinator" will
reportedly not be restricted to current members of the
Assembly or Senate, but he or she must be from one of the
parties represented in those institutions. Luhaka said the
coordinator will have the role of official opposition
spokesman and interlocutor for "consultations" with the
government. He explained that opposition members of the
parliament would be free to define internal rules and
regulations, including the designation of one or more
individuals to act in the absence of the opposition
coordinator. Kamerhe noted that the occupant will also retain

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official immunity similar to that accorded to a member of
parliament during his/her tenure as leader of the opposition.
Kamerhe and Luhaka confirmed that the post would be accorded
the protocol rank and privileges equivalent to a government
Minister of State.


7. (C) The final section of the draft law deals with
sanctions against anyone who attempts to limit or revoke the
rights of the opposition. Any state official found guilty of
committing such acts would be fired and subject to a prison
term of eight days to three months and possibly to a fine of
USD 1,000. Any government agent found guilty of violence
against the opposition would be subject to dismissal and a
fine of USD 2,000. Further, anyone found guilty of
prohibiting opposition access to government information faces
a fine of USD 5,000.


8. (C) Comment: All parties agree that finalizing the law on
the opposition is a major legislative goal, one that should
be formalized as quickly as possible. While first draft
specifics were presumably interwoven with Bemba's political
ambitions, legislators are beginning to take steps to
separate the two issues. The cooperation displayed by
legislators from both the majority and opposition in crafting
acceptable language bodes well for other key pieces of
critical legislation which will face the Assembly in its next
session. The opposition status law, however, is almost
exclusively a matter of parliamentary jurisdiction. Most
other important pending laws require draft legislation from
the executive, adding potential further complexities to
political negotiations to define finished legislation. End
comment.
MEECE