Summary

EDITORIAL: Resistance and realism

1. The new political configuration according to the electoral commission’s figures.

2. The post-election political situation.

3. Public declarations

4. International declarations

5. February 16th- The Christian March in Kinshasa.

6. Post-election arrests.

EDITORIAL: RESISTANCE AND REALISM

Two important events took place on the 16th February in Kinshasa: the Christian March and the opening of the ‘new’ National Assembly’s special session.

As in previous years, Christians wanted to commemorate the anniversary of the deaths of the ‘martyrs of democracy’, killed on the 16th February 1992, during a peaceful march organised to demand the reopening of the Conférence Nationale Souveraine (CNS). In keeping with the spirit of this commemoration, this time the Christians of Kinshasa wanted to express their dissatisfaction with regards to election results published by the Electoral Commission, and, to this end, demand the ‘truth of the ballot boxes’. On the 15th February, the eve of the event, the governor of the city of Kinshasa banned the march. He gave questionable reasons such as the lateness with which the organisers told the authorities of their plans and the lack of precise details about the protest’s route. The next morning, the 16th February, defying with admirable courage the ban, some Christian groups went ahead with their original plan.

The police intervened with tear gas to disperse the crowds and, furthermore, arrested protestors including priests and nuns. Numerous organisations and politicians, both national and international, have strongly condemned the repression that was perpetrated by the police against citizens armed only with Bibles, Quran’s, rosaries, crosses and religious images, determined to demand the ‘truth of the ballots’ by exercising their right to freedom of speech and freedom of expression. There are many possible reasons as to why the authorities prohibited and repressed this Christian march. The plan had obtained the sympathy and support of the political opposition. Consequentially, the almost certain success of the event would have been in favour of the opposition and to the detriment of the majority in power. If this interpretation of the events of the 16th February is confirmed then society should, perhaps, take this into consideration when organising future events. Despite this, it does not prevent condemnation of the violation of the citizen’s right to freedom of expression, as committed by the authorities and forces of order, against both members of civil society and the opposition.

On the 16th February, following the publication of the provisional results of the general election and in accordance with the Constitution, the special session of the National Assembly was opened. One objective of this session is to verify and validate the authority of those elected, before the Supreme Court, which is then expected to confirm and formalise the results within two months. Despite strong resistance from the opposition, serious denunciation from civil society and severe warnings from the international community it seemed that the train was about to leave, even if the passengers did not have faith in their drivers. There were two possibilities: either lie in front of the train to impede its departure, aware of all the consequences (the risk of being crushed) or get on board and enter the driver’s cabin to try and fix any breakdowns and give some security to the passengers.

Rejecting the results published by the Independent Electoral Commission, several members of the opposition, particularly those from Etienne Tshisekedi’s Union for Democracy and Social Progress (UDPS), threatened not to attend the meeting. It is a legitimate political choice. But, this way, the Parliament could be left entirely in the hands of the majority, with disastrous consequences for the people for whom the opposition claims to be fighting. Probably, in spite of being a minority, a ‘parliamentary’ institutional opposition would be more effective than an ‘extra-parliamentary’ non-institutional opposition.

 

1. THE NEW POLITICAL CONFIGURATION ACCORDING TO THE ELECTORAL COMMISSION’S FIGURES

On the 9th February, in a report, the International Crisis Group (ICG) mentioned the ‘lessons’ of the presidential and parliamentary elections. The NGO denounces, straight away, the ‘multiple violations of electoral law, the loss of many millions of votes and confusing counting operations which make all verification impossible…’.

The ICG found noticeable irregularities in certain constituencies between the number of voters for the presidential and parliamentary elections, which took place on the same day. These were irregularities which have mainly benefitted PPRD candidates or those linked to the Alliance of the Presidential Majority: this is the case with Jaynet Kabila, the president’s sister, elected with 34,958 votes in the area of Kalemie in Katanga. On election day 3,254 more votes were counted for the parliamentary elections than the presidential ones. Over 3,000 people therefore went to the polling station just to elect an MP without voting for a president, a ‘surprising’ figure for Thierry Vircoulon from the International Crisis Group.

A similar case was reported in the constituency of Pweto (Katumba Mwanke’s home) with a difference of 6,579 votes between the presidential and parliamentary elections, or in East Kasai, Lambert Mende’s constituency, with a difference of 4,411 votes.

Other surprising phenomena for the International Crisis Group were the geographical locations of irregularities on polling day. According to the information published on their website, the majority of irregularities and malfunctions were found in regions known for being more favourable towards the opposition: Kasai, Bas-Congo, Equateur or Kinshasa…

Other unexpected results concern important locations for the PPRD (President Joseph Kabila’s party) and its allies in the provinces in the west of the country who were reputedly hostile to the authority in place. The progress of the PPRD is particularly strange in the province of Equateur where the presidential party went from having 3 to 11 deputies or in Bandundu where they went from having 4 to 10 deputies between 2006-2011.

The new political landscape, not without contestation, is very clear. There is the Kabila side (PPRD, PPPD, MSR, PALU, ARC, AFDC…) that make up the absolute majority with around 341 seats, and on the other side, the opposition with 119 seats.

According to the ICG, speaking of the ‘make-up’ of the new National Assembly, regardless of the credit they are given, the legislative results seem to underline some major trends:

– Increased fragmentation of the political landscape.

– The detachment of the presidential side without it losing its dominant position.

– A renewal of the opposition but without notable progress.

– The ethno-provincial structure of Congolese politics.

A) A dominant trend is the fragmentation of the political landscape. In 2006 five parties submitted more than 300 candidates, obtaining 243 seats or 48,6% of the National Assembly, while in 2011, 9 parties proposed more than 300 candidates but they didn’t total any more than 220 seats. Of the 98 parties represented by the National Assembly, half have only 1 elected member, and 11 parties have more than 10 elected members. The main winner of this parliamentary election was therefore neither Joseph Kabila’s PPRD nor Etienne Tshisekedi’s UDPS, but the micro-parties who had between 1 and 3 elected members. This new assembly will count, in fact, 29 more parties than in 2006. This proliferation goes hand in hand with a very noticeable reduction in ‘independents’ who have melted like snow in the sun from 63 in 2006 to 16 in 2012. In the face of the wave of ‘micro-parties’, bigger parties like the PPRD, the MLC and the PALU dropped in popularity. While remaining the first party of the Assembly, the PPRD only obtained 61 seats out of 111 in 2006. The MLC is plummeting (-42 elected) like the PALU (-15), the UDEMO (-7) and RCD-National (-14). This decline reflects protest votes for parties elected to the Assembly in 2006, whether they were for the majority or the opposition.

B) Even if the presidential party (the PPRD) is in decline, the presidential majority is without doubt the dominant force in the 2012 Assembly according to the CENI’s figures. The PPRD and its allies represent 341 seats. But the majority today in 2012 is not the majority of 2006: the PALU was replaced by a new movement, the People’s Party for Peace and Democracy (PPPD), created by old members of the PPRD, whereas Pierre Lumbi’s MSR figures as the third pillar of the majority. Far from focusing on one or two parties, the ruling majority is scattered, giving it complete control of the National Assembly.

C) The parliamentary opposition of 2006 has now taken a back seat in favour of two new forces. The MLC lost its place as champion of the opposition to become number two behind the UDPS and, hot on its heels is the other newcomer, Vital Kamerhe’s UNC. Nevertheless, this parliamentary opposition will not really exist until Etienne Tshisekedi let’s the deputies from his party take their places in the government. The fact that the UDPS, the DRC’s second party, has left their chairs empty does nothing but weaken the opposition and take the UDPS back to square one.

D) The parliamentary elections also demonstrate the ethno-provincial character of the Congolese political parties. Only the PPRD has representatives elected in all eleven provinces in the country and only four parties (the UDPS, the PPPD, the MSR and the PALU) have people elected in more than six provinces. However, all parties have a provincial base where the heart of their electorate is found, including the PPRD: Katanga for the PPRD and PPPD, Orientale province for the MSR, Equateur for the MLC, Bandundu for the PALU and the ARC, East and West Kasai for the UDPS, North Kivu for the RCD K-ML and South Kivu for the UNC. For the UDPS and the UNC there is also a strong ethno-provincial electoral base: out of the 41 people elected from the UDPS, 25 were from Kasai and from the 17 elected from the UNC, 10 were from Kivu. Like the majority, the opposition has a base in the provinces where their party leaders come from.

If we are to learn anything from the presidential and parliamentary elections, especially from considering the provincial and local elections, we need to look back at the experience. Changes are needed at several levels:

– At the CENI in order to understand why the location of polling stations and the electoral registers were so random and inaccurate and how millions of votes have been lost.

– At the Supreme Court in order to understand which procedures were followed and how independent judges were appointed during the election phase.

– At the United Nations to understand why the electoral experts from the PNUD did not warn of problems to do with ballot preparations and the need to postpone the votes by a week or two. To what extent did they participate in consolidating the results? How was MONUSCO sure of the integrity of the ballot boxes which it was transporting?

– At the investors, to understand their motives for investing more than $100 million dollars in an electoral process which was already biased from the outset. Why was the EU’s contribution taken from the DRC’s essential infrastructure budget? How will the EU pay its next contribution for elections not deemed credible according to its observations? To what extent are investors willing to pay for provincial elections within the context of a country with a dominating party in power and a discredited CENI?

– At the UDPS to understand whether or not the party will continue its empty chair policy or if it is able to using the parliamentary forum as a place in which to base an opposition alliance.

The publication of the parliamentary results is not the end of the electoral process and many problems remain unresolved. Fore example, a new election needs to be organised in the seven constituencies where it was cancelled and the provincial elections also need organising. These cannot be hurried due to institutional problems (the non-renewal of the Senate etc). The provincial elections could, in theory, take place under better conditions than those of the 28th November if the configuration of the CENI was modified .

 

2. THE POST-ELECTION POLITICAL SITUATION

The 8th February, during a press conference in Gombe (Kinshasa), the Assistant Secretary-General of the UDPS, Kahungu Mbemba Raymond declared that ‘the 42 elected deputies of the UDPS will not take part in either the special session or normal sessions of the National Assembly’, as long as Etienne Tshisekedi was not allowed to take the role of ‘President of the Republic’.

The idea is therefore loud and clear. After the UDPS’s boycott of the elections in 2006 the party maintained their boycotting logic but this time it is at an institutional level. Elected members of the UDPS did not even present themselves at the special session in order to validate their terms of office and therefore will not be validated by the National Assembly.

Analysts and observers are looking into the mechanisms allowing them to fill the UDPS’s vacant posts. Logically a deputy is replaced, in the case of impediment, by a substitute chosen from members of the same party. However, with the institutional boycott officially declared by Etienne Tshisekedi, even the substitutes are concerned.

As those elected and their replacements are all adhering to the boycott as decreed by their party, a suggestion would be to turn to the ‘best losers’ to fill the forty-two vacant seats. In fact, the clearest solution is a question of taking those candidates who came, in terms of votes, just behind those elected from the UDPS. Alternatively they can opt for empty seats to symbolise the UDPS’s boycott .

On the side of the Presidential Majority, talk has already begun about who should become the next President of the National Assembly and the future Prime Minister. According to regulation the parliamentary majority will present the Prime Minister before being appointed by the President of the Republic.

As far as Presidency of the National Assembly is concerned, the name of the honourable Aubin Minaku was put forward, current secretary-general of the ruling coalition backing Kabila.

As for the Prime Minister, three names were put forward: Professor Evariste Boshab, Professor Adolphe Lumanu and Koyagialo, respectively the President of the National Assembly and Secretary General of the PPRD; Vice-Prime Minister and Minister of the Interior and finally Vice-Prime Minister and Minister of PTT, previously Secretary of the ex-AMP .

The 9th February, the deadline for proceedings to contest the preliminary results of the general election at the Supreme Court of Justice (SCJ) had expired. This was eight days after the announcement of the latest results. According to the Court, appeals were made concerning 168 constituencies out of the 169 in the country. Around 500 files contesting 340 deputies were registered. The Supreme Court has a period of two months to review all disputes and publish the definitive results.

In accordance with Article 75 of electoral law, after examination the High Court could admit a clerical error, rectify it and communicate the decision to the CENI.

If an appeal is deemed acceptable the Court could entirely or partially annul the votes as irregularities seem to have had a considerable influence on the results. If there is no appeal, a new vote must be organised within sixty days.

It must also be remembered that in a proportional electoral system, votes for one party could be assigned to another list. As a result, it is quite possible that a candidate could be elected even if he obtained an inferior number of votes to another candidate .

The 16th February was the special session of the new National Assembly, the lower house of Parliament, which was opened at the People’s Palace in Kinshasa. This is in accordance with the constitution, but was before the announcement of the definitive results by the Supreme Court of Justice (SCJ). In effect, Article 114 of the Constitution stipulates that ‘every house of Parliament comes together automatically for a special session the fifteenth day after the announcement of the results of the general election by the National Independent Electoral Commission (CENI) for the preparation of the a temporary office led by the oldest member assisted by the two youngest’.

Out of the 482 deputies from the majority and the opposition already published by the CENI, 350 were present, and 132 missed the appeal including those from the UDPS, Vital Kamerhe’s UNC, those from the Dynamique Tshisekedi Président (DTP) and Support for Etienne Tshisekedi (SET) of whom many had taken part in the Christian March contesting the election results. The setting up of a temporary office was the only order of the day. Thimothé Kombo, from the Union for Democracy and Social Progress (UDPS), aged 75, was named as the provisional speaker of the Assembly as the oldest of the new deputies. He is assisted by two deputies- Mutula Diallo from the Social Movement for Renewal (MSR) and Patrick Muyaya from the Unified Lumumbist Party (PALU).

In a speech from the Speaker’s Chair, the senior deputy Kombo wanted to give his peers some practical advice in order to ensure the effectiveness of their term of office for the welfare of the people. “The Congolese who elected us look towards us to change the way in which we behave, the way we act, the way we serve the state” he declared. “Irresponsibility, complacency and compromising principles must be banished. Banished for the benefit of strictness, morality, respect for the law, for the good of the public, for the love of the Congolese people and the Republic. I hope that this term of office stands out in sharp contrast to that which came before it” concluded the opposition MP. The presence of UDPS member Thimothé Kombo foresaw that, after recently revoking the wish to sit out of the government, the deputies of the UDPS finally decided to validate their mandate and follow a strategy of republican opposition .

 

3. PUBLIC DECLARATIONS

On the 7th February, the Congolese civil society, together with AETA (Agir pour les Elections Transparentes et Apaisés), addressed a letter to the Secretary of the UN, Ban Ki-Moon, about the multifaceted crisis which prevails in the DRC and its political situation. Regarding the political aspect, the country is steeped in a toxic atmosphere provoked by post-election frustration.

According to AETA ‘the point is not to return to the terrible chaos and fraud which characterised the preparation, organisation, counting and publication of the results of the presidential and parliamentary elections of the 28th November in the DRC. The lack of credibility of these elections has been recognised by all observers: the European Union, the Carter Center, domestic observers and observers from the Catholic Church to name a few. The fact is that today the vast majority of the Congolese people do not recognise the published results as those which correspond to the votes in which they participated. Witnesses do not recognise the most part of the official minutes from today as those by which they signed their signatures. The results of these presidential and parliamentary elections are now being contested by the main political parties of the opposition and by several candidates including members of the governmental coalition. The National Independent Electoral Commission, CENI, has failed in its mission to organise free, credible elections and no longer merits, because of this, the trust of politicians and the Congolese people.’

Activists from civil society want the UN to know that the DRC is at risk of imploding with unpredictable consequences. There is, according to them, only one solution to this political crisis, knowing the ‘truth of the ballot boxes’. They propose recounting the votes for the presidential and parliamentary elections or organising a 2nd round of votes.

These are the proposals of the Congolese civil society to the general secretary of the UN:

– Give the MONUSCO the authorisation to observe the elections and certify the results.

– Establish a new credible office linked to the CENI to replace the old team and include civil society.

– Apply a solution to the presidential and parliamentary elections without separating them.

– Demand that the CENI discloses all PV as they appear on election night.

– Ask the government to guarantee democratic freedom of expression for the Congolese people, as well as the right to protest.

– Give the UN the right to observe the elections and certify the results.

– Decide between the 2 following options: 1. Re-count the votes, 2. Organise a second round of votes for the presidential and parliamentary elections combined with the local and provincial elections. These could take place in 6 months time rather than March 2012 in order to not rush the process.

– Protect the principal members of the opposition with a cordon of armed guards selected in agreement with the person being protected. The security of Etienne Tshisekedi specifically needs to be assured by a UN contingent.

– Ensure freedom of movement and expression for all politicians .

On the 10th February tens of members of the civil society of Kinshasa began analysing the social and political situation of the country after the publication of the results of the presidential and parliamentary elections. Following on from this meeting the representatives published a declaration withdrawing their trust for the CENI and demanding reorganisation in preparation for future elections .

Numerous voices came forward declaring the elections as non-credible: national and international observers, the Church, civil society. However all the solutions proposed to bring the Congo back under the gaze of legitimacy and legality agreed on the necessity to replace the Electoral Commission, and on the following ideas: the recounting of votes and new elections (but on what constitutional basis?) .

 

4. INTERNATIONAL DECLARATIONS

On the 2nd February, during a hearing in front of the Senate, Donald Yamamoto from the Bureau of African Affairs for the U.S Department of State affirmed that “the Congolese elections were marred by irregularities and a lack of clarity” and that “no-one knows certainly that the results would have been different without fraud”. But he recognised that “(this election) marked a step in the democratic process” for the DRC.

The Secretary of State, Hilary Clinton, quoted by an American diplomat in front of the commission affirmed that these elections were “marred by huge irregularities and a lack of clarity” and that they did not “live up to the democratic progress observed at the last African elections”.

“Without the commitment of the government of the DRC to democracy and human rights, few long-lasting things are possible” added Daniel Baer, another diplomat present at this hearing who raised the question of the future of the DRC and the implication of the U.S Agency for International Development (USAID) in this country.

Although the official position of the United States does not change- Joseph Kabila’s victory in the Presidential election is not officially recognised by Washington- certain declarations by American diplomats seem to suggest that cooperation with the Congolese President is not completely out of the question. In short, in this respect, it is pragmatism which dominates.

In a press release the Ambassador to the United Kingdom in the DRC, Neil Wigan, “urges the CENI to publish all statements and results declared by the polling stations in order to allow a complete, fair, thorough investigation into all areas of disagreement by the Supreme Court of Justice. The United Kingdom also reiterates its appeal that all allegations of fraud, violence and intimidation related to the elections are treated seriously.” According to the Ambassador “before provincial elections all those involved, including the CENI and the Conseil Supérieur de l’Audiovisuel et de la Communication (CSAC), should consider the lessons learnt from the presidential and parliamentary elections in order to take corrective action. The United Kingdom urges, first of all, that all candidates and their supporters peacefully pursue their political objectives, and secondly, that the state and forces of order respect the rights of all citizens- a right to life, physical well-being, freedom of assembly and expression as guaranteed by the constitution of the DRC” .

The European Union ‘took note of the provisional results of the general election announced by the CENI on the 26th January and the 1st February 2012. All efforts must be made to ensure the transparency and credibility of the electoral process. All disputes must be resolved peacefully and by legal means. It is up to the CENI to carry out its responsibilities and for the Supreme Court of Justice to handle the complaints with maximum transparency, impartiality and legal rigour. The European Union encourages all parties and all political forces to enter into a discussion to agree upon the necessary setting to hold a democratic debate and ensure the smooth functioning of the National Assembly. We ask them to fulfil their role within the institutions and to respect the constitutional framework. It is also the responsibility of the authorities to create favourable conditions conducive to such a discussion. The European Union will continue to provide support to the political process so that the gradual return of stability in the DRC can continue. We hope that lessons will be learnt from the first phases of the electoral cycle and from the dysfunction and serious irregularities identified on that occasion. It is very important that the local and provincial elections are held under good conditions and in a timely manner and that the necessary measures are taken to ensure the credibility of the next elections’.

France, by way of a spokesperson for the French Minister of Foreign Affairs, Bernard Valero, are hoping that the “necessary corrections are made before the next elections” .

On the 14th February, in a statement issued in Washington, the spokesperson for the U.S Department of State, Victoria Nuland, reminded us that their government continues to closely follow the election process in the DRC and has asked the Congolese authorities to lead a thorough investigation into the complaints lodged against certain results of the general election. “We remain deeply concerned by the multiple allegations of human rights abuses committed by the security forces including arbitrary and illegal detentions throughout the process” added the spokesperson. The United States also urge all Congolese leaders and their supporters to act in a responsible manner and publicly renounce any violence. Despite concerns, Ms Nuland said, “we encourage all political parties to fully participate in the National Assembly when it takes office in order to preserve and protect the fundamental democratic principle of a representative government in the Congo” .

The 15th February, during a press conference held at the American Cultural Center in Kinshasa, the American Ambassador for the DRC, James Entwistle, confirmed that it is possible to establish an inclusive government regrouping members of the Majorite Presidentielle and the opposition. Moreover, the American Ambassador declared that his dream is to see all the social and political figures of the DRC meeting around the same table to come to an agreement about their problem and bring the country out of its post-election crisis. He deplored the ‘terrible irregularities’ seen in the operations to compile the presidential and parliamentary election results from the 28th November. For him “these serious anomalies” revealed “in the counting of votes and at other stages of the process have compromised the credibility of the elections”. In the same vein, he suggested that “this situation continues to undermine and complicate the governing of the DRC”. However, he noted that these elections were an important step for the consolidation of democracy in the DRC. He said that “although we recognise that there were huge irregularities” with the Presidential results of the 28th November “the USA recognises Joseph Kabila as the President of the DRC for the next five years”. He noted that the electoral process needed to be reinforced, in view of holding future provincial and local elections. For these he stressed “the need to evaluate the elections from November in order to learn a series of lessons”. He added “the United States supports the open evaluation of this process. By identifying what didn’t work and why, the CENI can avoid making the same mistakes in future elections” .

 

5. THE 16th FEBRUARY: THE CHRISTIAN MARCH IN KINSHASA

On the 11th February at the Lindonge centre in the commune of Limete, the President of the Comité de l’Apostolat des Laïcs Catholiques du Congo (CALCC/Kinshasa), Thierry Nlandu, announced that the Christian March was confirmed for Friday 16th February.

In effect, this march was organised for many reasons. Firstly, in memory of the Christians murdered on the 16th February 1992 whilst protesting against the arbitrary closure of the Conference National Souveraine, and also to demand the truth of the votes. According to the established plan, the march would leave from all parishes in the city, ending at the Parish of Saint Joseph de Matonge in the commune of Kalamu. The day would start with a Mass at 7am.

The Christians wanted to expresses their rejection of the presidential and parliamentary election results from the 28th November and to demand the resignation of the CENI as ‘the presidential and parliamentary election results published by the CENI and validated by the Supreme Court do not conform to either truth or to justice’.

The CALCC/Kinshasa asked demonstrators not to bring flags or banners for political parties or to shout insults but to be armed with the Bible, the Koran, rosaries, crosses, religious symbols, sacred images and sing religious songs to demonstrate non-violence in the face of the police and the military. In case of opposition the CALCC recommended sitting on the ground, praying and/or singing religious songs and, if possible, engaging in discussion to allow peaceful progression of the march .

On the 14th February at the end of a big political discussion organised at the Centre d’Accueil Protestant, in the municipality of Gombe, the Congolese political opposition decided to participate in the Christian March aimed at demanding the truth of the ballots and the resignation of the National Independent Electoral Commission (CENI). Many heavyweights from the political sphere were present at the meeting including Thomas Luhaka (MLC), Ewanga (UNC), Jean-Claude Vuemba (MPCR), Lisanga Bonganga (CCD), Antipas Mbusa Nyamuisi (RCD/K-ML), Kiakuama (CDC), José Makila…

For members of the opposition, 20 years after the 16th February 1992, the Congolese people’s legitimate hopes for democracy had been diverted because of an electoral hold-up planned by the hidden powers who wanted to keep themselves in power against the will of the Congolese people who were all asking for a change in government.

The opposition underlined that this march, in addition to being historically significant and commemorative, would also be an occasion for the Congolese people to demand the truth of the ballots after the elections of the 28th November which were about to put disputed people into power. Counted among the victims of the electoral hold-up was Etienne Tshisekedi, president of the UDPS and a historic symbol of the fight for democracy in the country over the last thirty years.

The Congolese political opposition asked the forces of order supposedly supervising the march to abstain from all repression in order to allow the people to exercise, in an orderly, disciplined, independent manner, their constitutional right to oppose any individual or group looking to seize power through force.

During the same meeting this political family demanded the removal of the armed ‘shield’ outside the residence of their leader, Etienne Tshisekedi, and in surrounding areas.

In addition, the opposition asked for the release of all political prisoners, notably Pierre Jacques Chalupa, Gabriel Mokia, Bakungu, Kutino Fernando etc and called for the reinstatement of private channels which had been shut down, namely RLTV, Canal FUTUR TV and Congo Media Channel.

For his part, the President of the Conseil de l’Apostolat des Laics Catholiques Congolais (CALCC/Kinshasa) Thierry Nlandu asked all those who wished to participate in the march to comply with the wishes of the organisers: “If politicians want to come to this march, they should not come to demand things which don’t concern (the organisers). If they want to have a march with certain intentions in mind, they can organise their march afterwards” .

According to a statement published by the CALCC the objective of the Christian March was the cancellation of the presidential and parliamentary elections of the 28th November 2011 and the resignation of the board of the CENI.

Some observers believe the two objectives of the march were not a real response to the actual political crisis. Indeed, the annulation of the elections would result in the disqualification of the mandate of Etienne Tshisekedi, self-proclaimed President of the Republic, and leave Joseph Kabila as the President of the Republic in accordance with Article 70 of the Constitution which stipulates that the President is still in place until the inauguration of newly elected one. Consequently, Joseph Kabila would remain at the head of the government until the next elections.

Moreover, the resignation of the current office of the CENI would result in the disqualification of his mandate. But without the revision of the law, the majority and the opposition will proceed with the appointment of new members, based on the same quota. To open the Bureau à la Société Civile, as demanded by the CALCC, law establishing the institution will need to be revised. But if it’s the same National Assembly, it will end up with the same majority and the same opposition .

On the 15th February the governor of the city in Kinshasa, André Kimbuta, banned the peaceful Christian march. According to him, the Conseil de l’Apostolat des Laics Catholiques Congolais (CALCC), who were proposing this march, had not respected the legal procedures necessary. Among the reasons cited by the Governor, the organisers had not made all the arrangements necessary. The CALCC had gone against Article 6 of the Law on Public Protest which stipulates that before organising a protest the organisers must receive written consent 72 hours before. Unfortunately for the CALCC their request for authorisation to Kinshasa town hall was submitted the 14th February, only 48 hours before. Secondly, the march did not have a specific address. Moreover, organisers had not given precise details of the route of the march such as the start and finish points. Thirdly the organisers, according to André Kimbuta, had not even made contact with the town hall of Kinshasa. Fourthly the purpose of the event, according to the authorities, would be likely to be disruptive to public opinion. In view of the aforementioned reasons, the Governor of the City of Kinshasa decided, without further ado, to cancel the march for Thursday February 16th, 2012, to prevent disruption .

On the 16th February, those faithful to the Catholic Church of Kinshasa ignored the banning of the march decided upon the day before by the Governor of Kinshasa, André Kimbuta. Groups of worshippers left their parishes early in the morning to try and reach Saint-Joseph de Matonde, the meeting point, but police quickly dispersed them, some using tear-gas.

In the Parish of Saint Raphael on Lumumba boulevard in the municipality of Limete a judo practitioner, Munshi, alias ‘Chaleur’, from the Youth League of the PPRD, led a group of youths armed with machetes threatening to enter the protest area to attack the Christians.

In the Parish of Saint Joseph de Matonge, Father Pierre Bosangia, one of the organisers of the march, confirmed that “four police jeeps arrived, and two busses followed. We saw kulunas (thugs) of 13 to 20 years old getting off, they entered via the back door (…) and they started beating women”.

The Commissioner General of the police, Charles Bisengimana, justified the use of tear gas in the Parish of Saint Joseph de Matonge due to the fact that police wanted to disperse UDPS militants who had tried to join the Christians.

The authorities “once again displayed their predisposition to suppress the human right to freedom of expression” denounced a spokesperson for the Congolese NGO for human rights ‘Voix des Sans Voix’ .

 

6. POST-ELECTION ARRESTS

On the 31st January, Pierre Jacques Chalupa, candidate for the deputy of Kinshasa, was arrested in the Congolese capital. He was subjected to a long interrogation at the magistrate’s court. Pierre Jacques Chalupa was born in 1948 in Uvira, in the South Kivu province, to a Greek mother and father of Portuguese origin. Married to a Congolese woman he has lived his whole life in the country. Chairman of the party ‘Action pour la démocratie et le développement au Congo’ (ADD Congo) he is reportedly close to the tshisekediste opposition. Elected as a deputy in 2006, Chalupa has served as one of the 18 deputies of the Supreme Court of Justice (CSJ). Holder of a voting card, which acts as a provisional Congolese identity card, he was admitted to the National Independent Electoral Commission (CENI) as a candidate for the parliamentary election of 2011.

According to his lawyer, Claude Bafuafua, he is accused of having acquired his Congolese nationality via fraudulent means to obtain a duel-nationality. According to Bafuafua, Chalupa was held because he is an ‘opposer’. “It is not fair. There are people at the heart of government with duel-nationality. But for him (Chalupa), on the opposition, it has created a problem” he said.

The Minister of Communications and Media and spokesperson for the government, Lambert Mende, declared that Pierre Jacques Chalupa was charged with forgery. It is the first criminal charge against him, confirmed the Minister, who added that Chalupa also held a false Congolese nationality. “The only thing that we know for certain is that the Minister for Justice has told us that Chalupa does not hold Congolese nationality as he claims” concluded the Minister .

On the 2nd February in Goma (North Kivu), at 4am local time, soldiers from the armed forces of the DRC (FARDC) surrounded the residence of the incumbent Dieudonné Bakungu Mitondeke, in order to conduct a search. An argument took place between guards and the soldiers ending in an exchange of gunfire.

The exchange of gunfire between the FARDC and the deputy’s armed bodyguards left four dead: two soldiers, a policeman from the deputy’s guards and another who was with the military. Several members of the FARDC were also wounded.

The FARDC accuse Dieudonné Bakungu of illegally possessing weapons and maintaining a private army and rebel movement. “We saw eight AK 47 assault rifles and two Belgian Fal firearms with our own eyes. There were also lots of Mai-Mai things (in his residence)” declared the spokesperson for the government, Ernestine Kyaviro. A parliamentary candidate in November 2011 on behalf of the Union for the Congolese Nation (UNC), an opposition party, Dieudonne Bakungu denies all charges .

The 3rd February, Dieudonne Bakungu was transferred to Kinshasa with a dozen other co-defendants but he was placed under house arrest. Five co-defendants are being held at Makala prison. The Court sentenced Dieudonné Bakungu to house arrest, because “he is a national deputy still in office”, said his lawyer, Benjamin Kakonke who also explained: “They are accused of murder, rebellion, inciting soldiers to commit acts contrary to their duty”. Only the Supreme Court of Kinshasa can pass judgement on Bakungu Mytondeke who still enjoys parliamentary immunity, as provided by the constitution. Former Deputy Governor of North Kivu, MP and member of the National Union for the Congolese nation (UNC), Dieudonne Bakungu Charles was re-elected on November 28th in Masisi, according to the results released then cancelled by the National Independent Electoral Commission (CENI). The elections were cancelled in the Masisi district as votes were not compiled from more than eighty voting centres .

On February 7th , the Secretary General of the Union for Democracy and Social Progress (UDPS), Jacquemain Shabani, was arrested at Kinshasa airport around 11pm when he was about to leave for Europe .

A source close to the National Intelligence Agency (ANR) said he was questioned by immigration services shortly before boarding, then transferred to the ANR for holding a second passport other than his. It was then discovered that he held ‘a pile of documents unnecessarily subversive, offensive’.

An official from the UDPS said “He did not declare that he was taking a passport to another person. As for other documents, it was an internal party report, with photos, about the election process including information about human rights violations”.

He was released around 2.30am. On leaving, he showed signs of beatings. According to party officials his face was covered with a balaclava then he was stripped and beaten. Shabani was expected in Berlin on Wednesday by the Friedrich Ebert Foundation as a special guest at a conference about the situation in the DRC after the presidential and parliamentary elections last November.

According to some members of the UDPS the arrest of Shabani had no motive other than to prevent him from travelling and to isolate the President Etienne Tshisekedi on the international stage .

According to the Minister of Communications and Media and government spokesperson, Lambert Mende Omalanga, Jacquemain Shabani Lunkoo will “work with the Congolese justice system” by answering the four specific questions that were posed by the intelligence services in relation to the documents he held.

First question: the Minister presented a folder containing over 127 pictures covering 69 pages which indicate that crimes were committed in the DRC during the election period. Shabani will provide information on each photo indicating their locations, dates, names of victims and possible perpetrators. According to the Minister, some were taken several years ago or even in the Ivory Coast.

Second question: on Shabani’s laptop the matrix of a leaflet was found which was in circulation this time last year in military camps. It invited the military to disobey the orders of their superiors. Who was the author of this pamphlet?

Third question: on Shabani’s Samsung mobile phone an SMS was found saying: ‘Hi SG, tell the president to negotiate with the Chief of Staff; he is ready to help you …’. Who is this high-ranking army officer working with the political party?

Fourth question: one message in his phone talks about the future assassination of President Joseph Kabila.

“Shabani is free to move around under the condition that he provides answers to questions that were asked, but he is forbidden from leaving the country” said Lambert Mende who, about the accusations of abuse whilst Shabiani was under arrest, said that a scuffle took place in violation of procedures and that the officer responsible had been sanctioned.

The UDPS continues to affirm that Shabani was tortured. A party official added that the accusations of the authorities are a set-up and that any documents found were planted in his baggage or placed on Shabani’s computer after his arrest .

On 15 February the Secretary General of UDPS, Raymond Kahungu, was arrested in Kinshasa. The official was arrested in the afternoon at one of the many barriers erected outside the residence of Etienne Tshisekedi in the district of Limete. According to the UDPS, Raymond Kahungu was taken by the Congolese police to ‘an unknown destination’ .

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This English translation has been possible thanks to the project Mondo Lingua: Free translation of websites for NGOs and non-profit-making organisations. A project managed by Mondo Services. Translator: Francesca Thompson – www.mondolingua.org