Democratic Republic of the Congo
Section 3. Freedom to Participate in the Political Process
The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.
Elections and Political Participation
Recent Elections: Presidential, legislative, and provincial elections were held on December 30, 2018, and drew criticism grounded in procedural transparency concerns. The CENI cancelled elections in Beni and Butembo in North Kivu Province, reportedly due to health concerns generated by the Ebola crisis, and in Yumbi in Mai Ndombe Province due to insecurity. Although the CENI organized legislative and provincial contests in those areas in March, more than one million voters were disenfranchised from the presidential contest.
On January 10, the CENI announced opposition candidate Tshisekedi won the presidential election, and in accordance with electoral law, on January 20, the Constitutional Court confirmed the CENI’s results. In a statement the council of bishops criticized the outcome, noting “the results of the presidential election as published by the CENI do not correspond to the data collected by our observation mission.”
Many international actors expressed concern over the CENI’s decision to deny accreditation to several international election observers and media representatives. Some persons questioned the final election results due to press reports of unverified data leaked from unnamed sources alleging opposition candidate Martin Fayulu received the most votes. The election aftermath was calm, with most citizens accepting the outcome. On January 24, Tshisekedi was sworn in as president, marking the first peaceful transfer of power since the country’s independence in 1960.
Tshisekedi’s UDPS political party won 32 seats in the National Assembly, whereas the FCC coalition won 335 seats of 500 seats total. Senatorial elections were held on March 15 through an indirect vote by provincial assemblies. On March 18, President Tshisekedi blocked incoming senators from taking their seats in response to widespread allegations provincial assembly members demanded bribes of tens of thousands of dollars for their votes. On March 29, Tshisekedi announced he was lifting the ban on seating the senators after public prosecutors claimed there was no evidence of electoral corruption.
Gubernatorial elections were held on April 10, resulting in Kabila’s FCC alliance winning 25 of 26 governorships and President Tshisekedi’s CACH coalition winning one seat. There were widespread accusations of corruption in opposition strongholds and resource-rich regions.
On June 10, the Constitutional Court issued a ruling invalidating the parliamentary elections of 24 opposition members, awarding their seats to members of the majority coalition. In response President Tshisekedi ordered the creation of a special investigation chamber. On July 3, the special chamber reinstated 10 of the 24 invalidated parliamentarians.
Political Parties and Political Participation: On August 26, President Tshisekedi’s CACH political alliance entered into a power-sharing agreement with former president Kabila’s FCC political alliance. Under the agreement, CACH received 35 percent of ministerial positions in the government, and the FCC took 65 percent. The FCC also enjoyed majority representation in judicial bodies.
State-run media, including television and radio stations, remained the largest sources of information for the public and government (see section 2.a.). There were reports of government intimidation of opposition members, such as denying opposition groups the right to assemble peacefully (see section 2.b.), limiting travel within or outside the country, targeting opposition leaders in politically motivated judicial actions, and exercising political influence in the distribution of media content.
The law recognizes opposition parties and provides them with “sacred” rights and obligations. Government authorities and the SSF, however, prevented opposition parties from holding public meetings, assemblies, and peaceful protests. The government and the SSF also limited opposition leaders’ freedom of movement. At various points during the year, including the election campaign period, the SSF used force to prevent or disrupt opposition-organized events.
Thousands in Lubumbashi welcomed home exiled opposition leader Moise Katumbi on May 22. On June 2, and again on June 10, however, the government prevented Katumbi from landing his plane in Goma, where he was scheduled to hold a political rally. Both times, the government cited “security reasons,” in denying the landing clearance.
In a number of districts, known as chefferies, traditional chiefs perform the role of a local government administrator. Unelected, they are selected based on local tribal customs (generally based on family inheritance) and if approved are then paid by the government.
Participation of Women and Minorities: No laws limit participation of women or minorities in the political process, and they did participate, although some ethnic groups in the restive east claimed discrimination. Women held 10 percent of seats in the National Assembly (52 of 500) and 10 percent in the provincial assemblies (72 of 690). In April, Jeanine Mabunda was named president of the National Assembly, the second time a woman has held that position. Of 108 senators, 23 were women. Among the 66 government vice prime ministers, ministers, ministers of state, vice ministers, and minister delegates, 12 were women, an increase in the total number from that of the previous government (from 10 percent of 59 such positions to 17 percent of 65 such positions). Notably, Marie Tumba Nzeza became the second female foreign minister, and Elysee Munembwe Tamukumwe was named vice prime minister for planning. Some observers believed cultural and traditional factors prevented women from participating in political life to the same extent as men.
Some groups, including indigenous persons, claimed they had no representation in the Senate, National Assembly, or provincial assemblies. Discrimination against indigenous groups continued in some areas, such as Equateur, East Kasai, and Upper Katanga Provinces, and contributed to their lack of political participation (see section 6).
The national electoral law prohibits certain groups of citizens from voting in elections, in particular members of the armed forces and the national police.