Introduction
I. Geographical Presentation
The Democratic Republic of the Congo is a state in central
Africa and the third largest country on the African continent. It has nine
neighbor's countries: Central African Republic and Sudan (the big African
country geographically) on the north, Uganda, Rwanda, Burundi and Tanzania on
the east, Zambia and Angola on the south, and the Republic of Congo on the
west. The Democratic Republic of the Congo enjoys access to the sea through a
narrow forty kilometers stretch, following the Congo River into the guest of
Guinea. The Democratic Republic of the Congo is the second French country in
the world after France.
According to Callaghy (1(*)), `Congolese society is an uncoordinated mosaic of
sociopolitical groupings most of which have direct roots in the pre-colonial
period. Despite the uneven impact of colonial rule, the continuity of tradition
remains powerful. The stubborn survival of traditional authority patterns and
the deeply rooted local and regional particularisms are sometimes major
obstacles for centralizing absolutist state'.
Currently the Congolese population is estimated at 60 million,
around 250 ethnic groups have been distinguished and named, although 700 local
languages and dialects are spoken and 80% of the Congolese are Christian,
predominantly Roman Catholic. According to Jennings (2(*)), in Africa, there are hundreds
of different languages, many of them very primitive, some quite advanced, but
none are advanced enough to express the whole corpus of knowledge, but the
professor Cheikh Anta Diop was never sharing this affirmation.
The Democratic Republic of the Congo's total area is 2, 345,
410 sq Km and its climate is tropical, hot and humid in equatorial river basin,
cooler and drier in southern highlands, cooler and wetter in eastern highlands,
cooler and wetter in eastern highlands, north of Equator wet season April to
October, dry season from December to February, south of Equator wet season from
November to March, dry season April to October. The bulk of the subject
population is rural and agricultural and although urbanization is taking place
at a rapid rate, around 85 percent of the population are still peasants
cultivating the soil by traditional methods (3(*)).
The Democratic Republic of the Congo's natural resources are
cobalt, copper, coltan, cadmium, petroleum, industrial and gem diamonds, gold,
silver, zinc, manganese, tin, germanium, uranium, radium, bauxite, iron ore,
coal, hydropower potential... but in practice, the DRC is one of the very
poorest countries in the world.
In 1994, more than one and half million refugees fled into the
Democratic Republic of the Congo to escape the fighting between Hutus and
Tutsis in Rwanda and Burundi, during `genocide' time. Few number of these
returned to their countries late in 1997 despite fear of the on going violence,
additionally, Congo is host around 120, 000 Angolan, more than 250 Burundian
and 100, 000 Sudanese refugees. The repatriation of Angolan refugees was
stopped early in 1995 because of the recurrence of fighting in Angola
perpetrate by the former rebel Jonas Savimbi.
II. Background of the concept of
democracy
Before applying any concept, it is always very important to
know its meaning and sometimes its origin.
Firstly, the concept of `democracy' is literally, ruled by the
people from the Greek demos `people', and Kratos `rule'. In other words,
democracy means the method by which the rule is exercised and indeed the
composition of the people is central to various definitions, but the general
principle is that of majority rule.
Secondly, the concept of democracy can take place at any
political regime or even at any state form. The democratic system is the
opposite of totalitarian rule.
In contemporary usage, the concept of democracy is often
refers to a government chosen by the people, where only people govern in
accordance with a constitution. The notion of democracy is, of course, a
complex and contested notion, a notion which today means many things to
different people and leaders. According to Lefort (4(*)), democracy should be seen, not
so much as a specific institution or cluster of institutions, but rather as a
form of modern society, that is, as a particular way in which society is
articulated or instituted.
The struggle for democracy is primarily a political struggle
on the form of good governance, thus involving the redynamization of the state.
No one claims that democracy means and aims at social emancipation. Rather it
is always located on the terrain of political liberalism so, at best, creating
best conditions for the best democratic process.
For my concern, the pillars of democracy are the sovereignty
of the people, the best guarantee of basic human rights, the equality before
the law and free and fair elections, the due process of law and constitutional
limits of government, the values of tolerance and the government based upon
consent of the governed and the majority.
Lefort's approach of democracy and totalitarianism, two main
forms of society, presents contrast between them. He believes that democracy
always proves to be an historical society by excellence, a society which, in
its very form, welcomes and preserves indeterminacy and which provides a
remarkable contrast with totalitarianism which, because it is a constructed
under the slogan of creating a new man, claims to understand the law of its
organization and development. Lefort presents also double faces of democracy:
firstly, a power which is henceforth involved in a constant search for a basis
because law and knowledge are no longer embodied in the person who exercise it,
and secondly, a society which accepts conflicting opinions and debates over
rights, because the markers which once allowed people to situate themselves in
relation to one another in a determinate manner have disappeared.
III. Topic's Motivation
If so early in 1990s years, the apartheid system became
politically, socially, economically and culturally incorrect in Republic of
South Africa, it means that many things have been changed around the world.
This political situation influenced also the ruling in the former Zaire while
the president Mobutu announced the democratic process on the 24 April 1990.
This democratic Multy-party process opens the way to struggle of good
conditions of life, human rights, good governance, poverty reduction became the
buzz words of the discourse, now renamed `policy dialogues'(5(*)). Multy-party and liberal
democracy immediately elicited even a more passionate search for `real
democracy'.
According to Dala (6(*)), the Democratic Republic of the Congo, as many
African countries, has been concerned by the international community political
context changing which occurred in the worldwide at the collapse of the
communism, the end of the cold war and the triggering of Michael Gorbatchev's
glasnost or transparency, the fall of the Berlin wall and Germany unification,
even the eastern Europe collapse, the first Gulf war... proves another phase in
the political come-back of imperial hegemony.
Marked by this new international political configuration trend
to democracy, Congolese people and social movements within the country have
forced totalitarian leader Mobutu Sese Seko to make end in his stupid long
ruling and to engage the country towards democracy (7(*)). But in fact, according to
Abdoulaye Wade (8(*)), the
Democratic Republic of the Congo has no any experience with democratic process.
Most Congolese, old and young, man and woman, educated people or not are
experiencing democracy now for the first time after a long Mobutu dictatorship.
The country has endured political and social turmoil since
gaining independence from Belgium in 1960. Sixteen years after the dictator
Mobutu announced the democratic process in the Democratic Republic of the
Congo, the country have organize many political meetings (the Sovereign
National Conference, Conclave Politique de Kinshasa, the Political
Concertations in 1994, the Lusaka Cease-fire Agreement in August 1999, the
Gaborone meeting, the Inter-Congolese Dialogue in Republic of South Africa...)
for building this democratic way, but in practice, nothing is going well.
It is actually very interest to know how is going this last
transitional democratic process from Inter-Congolese Dialogue and how it can
contribute to create a strong and true democratic state or if it is even just a
pseudo-democratic process as others. The Democratic Republic of the Congo is
one of the African countries which offering the world a very bad surprising; it
shows its own full incapacity to solve political conflict from 1960 till today.
Patrice Emery Lumumba was assassinated by the American and
Belgium manipulation (9(*))
and involvement in 1961. Then, the DRC and its people, including neighboring
states in central Africa have since seen no peace but always troubles.
I know that in Africa, military coups became the order of the
day in 60 and 70s. The targets were nationalist regimes, which wanted to carve
out an independent space and give their sovereignty a modicum of reality. I
know that between January 1956 and the end of 1985 there were sixty successful
coups in Africa. In 1966 alone there were eight military coup d' etat and by
1986, out of some 50 African states, only 18 were under civilian rule.
But even most of African nations took also independencies on
the same period but don't present actually something like a Congolese political
inefficient ruling. Then, why and how this country must do for bringing
political change and democratic state to its citizens after 46 years of
freedom?
V. Methodology and Outlines of
Chapters
In this honours's dissertation, I like to use same
methodological approaches like social, documentary and descriptive approaches
which are allowed to help me to achieve my purpose. Sometimes I can use also a
critical analysis from modern Congolese scientists.
The dissertation contains three chapters. In the first one, I
am presenting briefly the Congolese political historical overview from the
Berlin conference till now. In the second chapter, I am focusing on the
constitutional referendum which took place in the country on the 18 December
2005, particularly its political context and what the new Congolese
constitution provided as state form, political regime, judiciary system... for
the next Republic.
In the third chapter, the last, I am studying the Democratic
Republic of the Congo democratic process's election, particularly the first
round and the second round which is opposing Jean-Pierre Bemba with Joseph
Kabila. After that, I will make a conclusion.
Chapter One: The Political Historical Overview in
DRC
A. The Berlin Conference (15 November 1884 - 26 February
1885)
Europeans countries met in Berlin in Germany to divide Africa
among themselves to colonize the continent. The Democratic Republic of the
Congo was under control of the King of Belgium Leopold II (1870 - 1908), who
made the country his own private property and named it `Congo Free State'. But
in practice nothing proves that there is a `Free State' and while this period
nothing as democratic system never been found in the country. In 1908, the
Belgian colony parliament bowed to international pressure in order to save
their last bit of prestige in Europe, forcibly adopting the `Congo Free State'
as a Belgian colony from the King Leopold II, and then it became the Belgian
Congo. Leopold II sold his Congo Free State to the Belgian State after
perpetrating a holocaust whose victims are estimated to be 10 million
African.
B. The Belgian Congo (1908 - 1960)
When the Belgian government took over the Congolese
Administration from Leopold II, the political and social configuration in the
country improved quickly. Immediately social change transformed the country as
a model colony in Africa. However, the Congolese didn't have any power, any
consideration, no saying and no nothing to do. That is exactly the case which
Frederikse talking about South African's struggle against apartheid where black
people were foreigners in them land, were they have not votes and also no
nothing(10(*)). The
non-racialism in South Africa specific case was just a form that the struggle
taken but not the full content of the struggle, it was not the main objective.
The Belgian colony-secretary and the General-Governor (the leader of the
colony) had absolute power among Congolese people, and then the resistance or
the struggle against this lack of `democracy' grew. In 1955, the upper-class in
the Congolese civilization, the so-called `évolués' initiated a
campaign to end the discrimination situation in which they were slaves in them
own country. The goal of this struggle was focusing to put democratic system in
Congo.
C. The First Republic (30 June 1960 - 24 November
1965)
As a result of mounting internal pressure, the colonial
authorities met with some Congolese young political leaders (Patrice Lumumba,
Joseph Kasa-Vubu,...) in Brussels to discuss the Congo decolonization process.
The coming of independence and the founding of the first republic in 1960 were
marked by violence and political instability. The Brussels Roundtable agreed
among many political considerations on the Congo independence date and on the
fundamental features of the provisional constitution of a new sovereign
country. The new constitution that the called it `fundamental law' was adopted
on 19 May 1960 by the Belgian Parliament. According to Djelo this new
constitution proposed a unitary system for the young state and the parliament
political regime (11(*)).
Patrice Emery Lumumba was the prime minister and head of the government, while
Joseph Kasa-Vubu became head of state. However, only three months after the
country took independency, the new young sovereign state was destabilized and
confused and went through a political catastrophic period marred by
multidimensional instability, knows as the Congo crisis of 1960-1965. These
troubles finished by military coup `pronunciamiento' from Mobutu Sese Seko on
the 24 November 1965. But this period doesn't bring anything as democratic
values in the country, only troubles till today.
D. The Second Republic (24 November 1965 - 24 April
1990)
Since 24 November 1965, the Mobutu Sese Seko's regime was both
a military dictatorship and a new system of absolute power and strong personal
rule, one of the most ferocious political powers in Africa
post-decolonization(12(*)). According to Callaghy, Zairian absolutism is one
variant of a relatively generalized pattern of early modern authoritarian rule
in in Africa that draws heavily on a centralist and often corporatist
authoritarian colonial tradition, resulting in centralizing patrimonial
administrative states that are very organic-statist in orientation(13(*)), and the single party it is
also an mechanism for creating the illusion of popular sovereignty and the
formality of `mass participation and sometimes mobilization'.
On 20 May 1967, Mobutu Sese Seko created the `Mouvement
Populaire de la Révolution' (MPR) or `Popular Revolutionary Movement', a
political party where all citizens were automatically members of his own only
single political party and then, all Zairians were born equal members of the
MPR. Again in the same period, Mobutu edited a new constitution which
established a strong centralized unitary system state, a strong presidential
system and one chamber legislature, which doesn't have any power. In this time,
the idea of `democracy' was completely absent and that is mean political
pluralism was denied, abolished and replaced with a single-party state MPR,
characterized by a monolithic political system and repression of any form of
political dissidence.
Indeed, the cult of Mobutu Sese Seko has taken on distinctly
religious and neotraditional overtones: Henceforth, the MPR must be considered
as a church and it's Founder as a Messiah. Then, Mobutu has built a political
religion around himself (14(*)), named `mobutisme', where corruption has been
institutionalized. According to Boshab (15(*)), since 1974, the country never been a `Res publica'
because of the institutionalization of MPR as state party, which denies any
political competition and gave Mobutu the state power for ever.
This absolute regime deny any form of democracy but formally
supported traditional authority, moved informally to emasculate it via the
policy of administration control and the official policy was one of recognizing
and supporting the autonomy.
It was clearly started in the report to Mobutu on
Ordinance-Law 69/ 012: `the political orientation of the new regime aims at
maintaining and reinforcing the powers of traditional authorities'.
Then, quickly Mobutu Sese Seko stressed strong centralization
state power under his own authority and the country became his own `private
property' as the time of the King Leopold II. Late in 1971, he renamed the
country from Congo to Zaire. On the 30 November 1973, Mobutu announced the
Zairianisation Measures (16(*)), which were designed to eject foreigners from the
agricultural, commercial, and related sectors of the Zairian economy and
replace them with nationals. The year 1974 can be regarded as the beginning of
the Mobutu political foolish or crisis.
This political situation has continued till 24 April 1990,
when under strong pressure from everywhere, Mobutu announced `democratization'
process of the state and many dramatic political reforms, but in practice
during its long mandate, the president Mobutu organized its self to put very
far something like democracy in its real political program.
Mobutu and Kabila were totalitarian leaders, the decree no 003
from 27 May 1997 testifies the Laurent Desiré Kabila's power
concentration.
Sometimes but not always the totalitarian state is
characterized by a unitary system state, a strong presidential system and maybe
one chamber legislature, which often doesn't have any power. This is a specific
case in Democratic Republic of the Congo under two formers totalitarians
leaders. In the majority of countries which have been ruled `totalitarianism'
in Africa, the level of development is still very down, the Democratic Republic
of the Congo specially.
During this second Republic, nothing like democracy can't be
finding in Congo, only political confusion and terroristic ruling.
According to theories of state, the French philosopher
Montesquieu wrote the Spirit of the Laws (1746), where he still talks about
sovereignty, which he believed separated political power into three branches:
executive power, legislative power and the power of judging.
All powers according to him must be equal at any time.
Generally, when the three powers are united into the same organ or person,
there cannot be liberty, and also there is no liberty when the judicial power
is not separated from two others.
Constant experience shows us that every person who invested
with monolithic power is often liable to abuse it, and to carry his authority
as it will go. That is also exactly what they do many contemporary totalitarian
leaders around the world ( Mobutu Sese Seko, Mussolini, Laurent
Désiré Kabila, Adolph Hitler, Staline, Saddam Hussein, Idia Min
Dada, Augusto Pinochet, Fidel Castro, Ceausescu, Antonio de Oliveira, Salazar,
Francisco Franco, Jean-Bedel Bokassa,...).
Fort Lefort (17(*)), the essence of totalitarianism, the opposite of
democracy, is a full negation of liberty, the absence of freedom and the
ignorance of human rights. He believed that the struggle for human rights as a
`generative principle' of democratic state. According to him, democracy should
be seen, not so much as a specific institution, but rather as a form of modern
state, that is, as a particular way in which modern society or state is
articulated or instituted.
Generally, the totalitarian leader confused itself with state,
`l' Etat c' est moi', I am the state, you must always follow me because I am
your chief, your leader and then quite any form of opposition. `In my self, I
am nothing, I am what I am only as an expression, an embodiment, and an
executor of your will, my strength is your strength...'. This is a case which
Louis XIV and same African leaders like Mobutu was identified themselves.
According to Callaghy (18(*)) the president Mobutu always uses the politics of
grandeur, which is reflected in his style of life. Mobutu measures all in terms
of himself, his interests, prestige, and glory, but not for the country.
Examples of Mobutu politics of grandeur or foolish are the
Inga dam project, the creation of Zaire's own airline and shipping fleet, and
events like the Ali-Foreman `Fight of the Century' in October 1974.
In 1980, Mobutu in his foolish spent 260.55 million Belgian
francs for the first visit of the former Pope John-Paul II to Zaire, including
30 million Belgian francs for 51 new Mercedes, without any budget planning.
Mobutu announced the democratic process in Congo but in
reality it was not its own thinking because it put its self to opposite against
this process.
E. The First Political Transition Period (24 April 1990-
17 May 1997)
Formally, the second Republic, characterized by a totalitarian
state, under Mobutu strong political control, ended on 24 April 1990, a year of
change (19(*)) with the
demise of the single party-state system and the beginning of a political
transition to multiparty democratic system, where Congolese people said: `we've
suffered a lot, we want things to change'. The Sovereign National Conference
opened on 7 August 1991 by Ordinance-Law no 91-205 from 15 July 1991, which
took over the control of state while short time. It resumed its work on 6
December 1992.
The Congo's Sovereign National Conference holds the record of
all National Conferences organized in Africa early at the beginning of 1990
years (Benin, Congo Brazza-Ville, Mali, Zambia, Gabon, Cameroon, Togo,
Ivory-Coast, Tchad, Bourkina-Fasso, Niger...), not only with regard to its
duration (16 months) but even in terms of the number of participants (2,842)
delegates participated in this historical Congolese forum, which Mobutu Sese
Seko refused to apply the political recommendation.
The troubles came over till 1997 when Laurent
Désiré Kabila army with others political organization and group
like UDPS (Union pour la Démocratie et le Progrès Social) in all
country defeat the dictator leader's soldiers in political and military
conflict and sent him to stay out the Democratic Republic of the Congo till he
dead in Morocco.
The Sovereign National Conference can be consider as a
democratic process's father in Congo, there is no another Congolese meeting
which can provide good project for building the country as which did the
memorable conference. People must ask themselves why Mobutu can't to apply all
the Sovereign National Conference political recommendations? Easy to answer
because, the Sovereign Conference National fixed only the democratic way that
was opposite to dictatorship ruling and stopped the excessive totalitarianism's
machine where Mobutu installed.
F. The Second Political Transition Period (17 May 1997 -
2001)
When Congolese people with AFDL army (20(*)) chase away the totalitarian
leader Mobutu Sese Seko by force on 17 May 1997,
Laurent-Désiré Kabila become the new Congolese
president. Immediately after taking office, he renamed the country from Zaire
to Democratic Republic of the Congo, the country`s name at the moment of
national and international sovereignty in 30 June 1960. He signed a decree
which annulled the former transitional political period and gave himself
absolute control power of executive, judicial, military and legislative
(Décret-loi constitutionnel no 003 du 27 Mai 1997) until the adoption by
a future Constituent Assembly of a new constitution. But in practice, nothing
was new and also Laurent Désiré Kabila did the same things
exactly like his predecessor Mobutu.
Many Congolese scientists admitted that he was just Mobutu's
close disciple. Authoritarian and repressive methods did not disappear with
Mobutu. Under the said decree, all political parties are banned and since this
time, nothing gone well. As a dictator, Kabila refused any negotiation with
other opposition political parties like UDPS of Etienne Tshisekedi which was
the most in the country. It is possible to bring democracy by starting to
banned others political parties and all groups which don't thinking on the same
view with the leader?
Laurent Désiré Kabila never been one moment a
democrat leader because in a democratic state, nominally belong to all the
people in the state. The direction of the state must be the direction decided
upon by the collective, a parliament for example. Thus no person or group of
people may be said to monopolize power. Every where power cannot be monopolized
by a single party or one person because of the institutionalized transfer of
power in a democratic state.
Late, relations between Laurent Désiré Kabila
and his partner's backers (Rwanda, Uganda and Burundi) deteriorated and in July
1998, he ordered all foreign troops which help him to take over political power
to leave the Democratic Republic of the Congo land. The political confusion has
continued till his assassination on 16 January 2001 in him own office.
In any democratic state, there is a plurality of political
opinions, but in Democratic Republic of the Congo, the formers presidents
Mobutu Sese Seko and Laurent Désiré Kabila never admitted any
form of political opinion contradiction, the acknowledgment of which is
integral to democracy. They didn't know that the power is the mediator between
these political conflicting opinions, the good method of recognizing the will
of the people. If the former president Mobutu was a stupid dictator, Laurent
Désiré Kabila was a clever dictator.
G. The Third Political Transition from January 2001
The assassination of Laurent Désiré Kabila
opened the third precarious political transition period since 2001 which the
process still going like a pseudo democratic system for the future.
The specific origins of the Congo War, according to `Economic
Dimensions of War and Peace' (21(*)) can be traced to President Laurent
Désiré Kabila's desire to become more independent from his
Rwandan, Ugandan, Burundian, in some from all foreigners sponsors, as well as
domestic discontent with the extent and pace of the government's political and
economic reforms.
Then, Joseph Kabila took over political power with strong
International Community support. He didn't follow Laurent Désiré
Kabila way. He accept the Inter Congolese Dialogue, hosted by the Republic of
South Africa, which is offering the world a surprising, a new model of
political transition and conflict resolution peacefully, what few people never
believe before the transition started. If only twelve years it is not enough to
make a definitive assessment of the behavior's apartheid, but I can say that
the new Republic of South Africa post-apartheid is promoting a new society and
multi-racial democracy, managed by its own people, after three and half
centuries of racial segregation and apartheid, it has begun slowly and surely
to produce a true democratic lesson of its kind in the continent.
The Congolese Dialogue took place at Sun City in Republic of
South Africa in 2002 and brought together five components: the Kinshasa
government, the main rebel's movements (Mouvement pour la Libération du
Congo MLC from Jean-Pierre Bemba and Rassemblement Congolais pour la
Démocratie RCD), the non-armed political opposition and civil society.
That is mean all major belligerent parties involved in the Democratic Republic
of the Congo conflict reconvened in Pretoria, where under Thabo Mbeki's
pressure they finally signed the global and all inclusive agreement on the
political transition to stable, peaceful and democratic state.
The core political provision of the agreement provides that
political, military, social and economic power shall be shared by the all
former belligerents, civil society and the political opposition during two
years transition period, with two possible extension six months.
According to this agreement, Joseph Kabila would remain head
of state, he would be assisted by four vice-presidents, and this is a first
time in the world, each responsible for one of the four main commissions: the
first one is the Economic and Finance commission managed by MLC (Mouvement pour
la Libération du Congo) of Jean-Pierre Bemba, the second one is the
Politics, Defence and Security commission managed by RCD-Goma (Rassemblement
Congolais pour la Démocratie-Goma) of Azarias Ruberwa, the third one is
the Development and Reconstruction commission managed by Kabila political group
and the fourth one is the Social and Cultural commission managed by the
non-armed political opposition leader Arthur Zahidi Ngoma, which was not been
qualified to represented the formal political opposition.
The signatories agreed on the establishment of a transitional
parliament, which would consist of a national assembly and a senate. Civil
society would head the five independent institutions in support of democracy,
including the independent electoral commission which in fact it is not
independent because it supporting Kabila's propaganda. The other four
Commissions are the national human rights observation, the high authority for
the media, the truth and reconciliation commission like which took place in
South Africa post-apartheid during Mandela's mandate. But in Democratic
Republic of the Congo, this commission did not have the `full disclosure' as
sine qua none principle for building a true democratic system and true
reconciliation and the last one is the commission for ethics and fight against
corruption.
To make a short evaluation about this transitional period
from 1990, I am saying those sixteen years after introducing a democratic
process in the country, the Democratic Republic of the Congo is one of the
African nations which is clearly unable to provide a true and strong model of
political transition to stable democratic system. The transitional democratic
process remains fragile and plagued by corruption, difficulties in disbanding
foreign forces and militas, especially in the Kivu and Oriental provinces, the
continuous flow of weapons and the illegal exploitation of natural resources in
Congolese territory. According to the United Nations panel of experts final
report on the illegal exploitation of natural resources in the DRC which
identifies the individuals and many organizations allegedly involved in such
illicit activities (22(*)), the big surprise is that the officials Congo's
government and some Kabila's close friends are concerned by this report. How we
can think about democracy by giving others facilities to destroy the
country?
In my view, the pillars of democracy are the sovereignty of
the people, the best guarantee of basic human rights, a social economic and
political pluralism, the minority rights, the equality before the law, free and
fair elections, the due process of law and constitutional limits of government,
the values of tolerance and even the government based upon consent of the
governed and the majority rule.
In any modern democratic system, the powers of the government
are, by law, clearly defined and sharply limited. If there is `democracy' in
Democratic Republic of the Congo, maybe just in the name of the country but in
fact, the current democratic process don't present or meet most of the
democratic pillars which must been in the democratic state formation. Many
Congolese scientists admit that the country took the wrong way for building
democracy.
Chapter Two: The Constitutional Referendum in DRC
A. Political Context
The constitutional referendum organized on 18 and 19 December
2005 has been a strong participation with more than 75% of approval leading to
the election in 2006, after sixteen years and a very long political transition
period which started on 24 April 1990.
But in the provinces of Kasai Oriental, Kinshasa and Kasai
Occidental, few people voted. These provinces are the strongholds of main
political opposition party, UDPS, managed by Etienne Tshisekedi, who had called
for a boycott of the referendum and all the democratic process for many
reasons: gross fraud, serious procedural irregularities, opposition party
withdrawals, manipulated Independent Electoral Commission by Joseph Kabila's
political party and International Community to ensure victory of Kabila still a
profound source of tensions and crises which cannot been contribute to true
democratic process. Even, only Joseph Kabila's tendency controlled the public
media continued to serve it as propaganda tools. Actually in DRC, television
and radio remained firmly under Kabila strong control, and government continued
to threaten critical newspapers, independent radio (CCTV and Canal Kin)
stations and same journalists killed (Bapupa Mwamba, Franck Ngyke and his wife
Hélène Mpaka,...) these challenged Kabila's government abuses.
This is a political context while the first multi-party democratic election in
the Democratic Republic of the Congo took place on the 30 July for the first
round and the second is going to be organized on the 29 October by violating
electoral law which provided that the second round can been organized fifteen
days after the publication of the result of first round if no one meet the
majority.
The new Congolese constitution has been promulgated on 18
February 2006 by Joseph Kabila, which makes provision of a new flag and emblem,
but in practice, this new constitution never brought an end to decades of war
and chaos in country.
The drafting of a constitution is a technical job which like
other technical jobs, is best done by those with experience of it (23(*)). This constitution was
written by members of Joseph Kabila political party, which includes others
people from ex-leaders as Jean-Pierre Bemba, Arthur Zahidi Ngoma...but most of
them don't have any constitutional law background to do so.
Everywhere, it is important to remember that the success of
any constitution depends very largely on the support given to it by all people.
I have already emphasized that the social and political order depends upon the
confidence of the people. In the Democratic Republic of the Congo, many
experiences shows us that no one as political party cannot solve alone the
national political conflict, maybe it can just aggravates the conflict process.
Community participation is an absolutely vital element of building new society
and implementing any community development project.
Community participation must be a community-driven process and
centre on very local and specific kinds of political negotiations. According to
Manegabe (24(*)) all
Congolese's political meetings organized without an important political party
doesn't bring a good result. That is a specific case of this transition
political period where the UDPS (Union for Democracy and Social Progress) of
Etienne Tshisekedi is out of the transitional political process.
If for example, the constitution of the United States of
America (1776) was carefully designed to prevent such tyrannies, the new
Congolese constitution, according to professor Mukadi (25(*)) is a just a
`pseudo-constitution' which never presents a background of a model of modern
constitution. It is easy to find contradiction in the core of this new
constitution, we can't build democracy by contradiction. The draft
constitution which has been accepted at the referendum proclaims the secular
character of the Democratic Republic of the Congo. But unfortunately, this
constitution curiously appears to be contrary to the very values and principles
that are intend to promote. In fact, the Preamble as well as Article 74 of the
draft constitution makes explicit reference to God. Why?
On the one hand the people of DRC are to declare their
responsibility `before God, the Nation and the World', and any Congolese
elected President of the country, is expected to take the oath of office
solemnly in the name of God and the Nation (26(*)). Since the Congo Free State, there in no State
religion in the Democratic Republic of the Congo.
B. New Constitution's Provisions
The president Joseph Kabila promulgated a new Congolese
post-war constitution on 18 February 2006 which makes provisions of a new flag
and emblem, but never brought an end to decades of war and chaos in country.
Here, I am analyzing the mains points that this new constitution provides for
building `democracy' in the country.
1. The General Provisions
Everywhere, the constitution is a supreme law, its provisions
shall have binding full force on the authorities and persons (27(*)). It means that the DRC must
only be governed on accordance with the provisions of this constitution, which
is trying theorically to provide a democratic state in the country. The country
is one, indivisible and indissoluble sovereign state to be known by the name of
the Democratic Republic of the Congo, according to the preamble of this new
constitution. There shall be 25 provinces (Bas-Uele, Equateur, Haut-Lomami,
Haut-Katanga, Haut-Uele, Ituri, Kasai, Kasai-Oriental, Kongo Central, Kwango,
Kwilu, Lomami, Lualaba, Kasai Central, Mai-Ndombe, Maniema, Mongala, Nord-Kivu,
Nord-Ubangi, Sankuru, Sud-Kivu, Sud-Ubangi, Tanganyika, Tshopo and Tshuapa).
Kinshasa is a capital (28(*)). Each province must have a provincial parliament and
local government.
This constitution is promoting a new political order, a
unitary state as form of state and the semi-presidential as political regime.
It preserves the sacred character of the human person, assure to individual and
family the best conditions for their harmonious development. It giving
guarantee to everyone to participate in the life of the Nation, preserve
Congolese unity within cultural diversity. It is right and obligation for every
Congolese to resist by civil disobedience upon the default of other resources,
no matter what enterprise to overthrow the constitutional regime, to take power
by pronunciamiento or exercise it in a tyrannical manner.
The national anthem is `Debout Congolais', the motto of the
Republic is `Justice-Peace-Work'. But in fact, there is no justice, no peace
and no work in the country since 1960, sometimes theory and practice are very
different.
Political groups and parties are recognized to concur in the
expression of suffrage. They shall freely form and exercise their activities,
integrity of territory, national unity and pluralist democracy. The new
constitution provides that the state shall assume the equality of all citizens
before the law, without discrimination of origin, social or material situation,
racial, ethnic and regional or sex, instruction, language, attitude
vis-à-vis religion or philosophy, or place of residence. From the Congo
Free State, there is no state religious in the country.
Any person who is charged with a criminal offence shall be
entitled to be informed promptly in the language that he understands and in
detail of the nature of the offence. He must be given adequate time and
facilities for the preparation of his defense; he can defend himself in person
or by legal practitioners, the witnesses called by the prosecution before any
court.
It is not the first time for Congolese's constitution to
provide many democratic values in the supreme law, but in practice, never the
government has applied these constitutional principles. People must learn their
rights and must reclaim it at anytime if there is no respect about it.
2. The State Form
According to Djelo (29(*)), generally there is two forms of state around the
world. Firstly the `Etat simple' with two components, unitary state centralized
and unitary state decentralized. Secondly, `Etat composé' with also two
types, federal state and confederation of state.
According to Mampuya (30(*)), this new Congolese constitution didn't adopt any
above form of state but make one most innovation that some scientists called it
`régionalisme constitutionnel' or `regionalization constitutionnelle',
which has been defined by professor Kabange as a form of state never provide
properly a specific form of state and it is situated between the federal state
and a decentralized unitary state. It giving more autonomous to provinces but
it preserves the state unity (31(*)). The article 202 of new constitution provides mains
competences for central government only, the article 203 provides some
competences that must be sharing between the central and provincial's
government and the article 204 provides exclusives competences for
provinces.
3. The Political Regime
According to Ntumba Luaba (32(*)), political regime refers to the set of any political
country's institutions by which a state supposed to be organized in order to
exert its attributions over a political community.
The new Congolese constitution provides a semi-presidential
regime which has received more comments and has been defined by Maurice
Duverger (33(*)). In his
1980 article and which, subsequently, has become the standard English
definition of semi-presidentialism, he says: `a political regime is considered
as semi-presidential if the constitution which established it combines three
main elements: the president of the republic is elected by universal suffrage,
he possesses quite considerable powers, he has opposite him, however, a prime
minister and ministers who possess executive and governmental power and can
stay in office only if the parliament does not show its political refusal to
them'.
Analyzing the Congolese constitution which meet those main
conditions, firstly, according to article 70, the president of republic must
been elected by universal suffrage. Secondly, opposite him, there is prime
minister and ministers who can only govern with the confidence of parliament
according to article 90 and thirdly, the president can dissolve parliament,
which the article 148 is giving permission to the head of state to dissolve not
parliament but only the National Assembly without the Senate.
This is a political regime which has been maintained by
Congolese people by approving constitutional referendum organized last year in
the country. But, for my concern, I can said that is very complicated political
regime for many African states, specifically for DRC, because, we don't have
the same political background and culture as French people, however, I don't
think that can bring peace in the country. To make a good and strong state in
the country, democracy must become a tradition or a culture for all people if
we want it succeed in Congo.
4. The Power of Judging
Everywhere, the respective roles of the judiciary, legislature
and executive are set out in the constitution. Like the political regime, the
new Congolese constitution provides even a new judicial system (34(*)) which is adopting the French
judicial system, by creating from the current Supreme Court, three other
different Supreme Courts, according to article 149 of new constitution. If
actually France is it considered as one of the best democratic state around the
world, it is because its constitution and judiciary system provides the large
guarantee of human rights.
The independency and a good organization of judiciary power is
an important factor in democratic state. The main goal according to Sovereign
National Conference constitutional commission report (35(*)) to divided Congolese Supreme
Court in three other Courts was to reinforce the principle of separation of
powers, which is an model for the governance of democratic states.
Judicial power must always be completely independent from the
executive and the legislative branches. Under this model, the state is divided
into three branches, and each branch of the state has separate and independent
powers and areas of responsibility, however, each the branch is also able to
place limited restraints on the power exerted by other branches (36(*)). The three Supremes Courts
are, according to article 149, `the Constitutional Court, the Council of State
and the Court of Cassation'. Each Court is specialized to solve specific
conflict from political institutions that the constitution gives to it.
According to some Congolese scientists, the role of the
constitutional court is to establish and maintain legitimacy in emerging
democracy, protecting fundamental and minority rights instituted by the
constitution, and to control the law to constitution.
But in federal state, constitutional court plays an important
role in conflicts between the federation or union and its components states or
provinces.
The second high Court instituted by the constitution for
supporting democratic process in Congo is the Council of State (37(*)), which is playing the role of
supreme administrative tribunal. In judging concrete cases, the council of
state sees to it, of course, that existing laws and regulations are obeyed, but
it also giving direction to the development of administrative law by its
creative and interpretation function.
In democratic state, the council of state is the supreme court
of administrative justice. It judging directly the legality of decrees
(38(*)) issued by the
Prime Minister or the President of the Republic and giving also legal advices
to the government.
The third high court provides by the constitution is the court
of cassation (39(*)) which
is the highest court in Congolese judiciary. There is only one court of
cassation for the whole republic, the same as constitutional court and council
of state. The reason is to achieve uniformity of interpretation, and hence to
develop case-law that must be authoritative, uniqueness and uniformity being
interdependent. The court of cassation is not a court of third instance after
the appeal courts and other courts. Its purpose is essentially not to rule on
the merits, but to state whether the law has been correctly applied on the
basis of the facts already definitively assessed in the decisions referred to
it (40(*)). If there is
jurisdictional order for the court of cassation and the council of state, the
constitutional court is alone, it doesn't have any inferior tribunal.
Chapter Three: The Election Process in DRC
Almost modern scientists admitted that free and fair elections
are democracy's core fundamental and unique political characteristic.
This is the first multiparty election in the Democratic
Republic of the Congo in over 46 years post-colonialism, after the `Mouvement
National Congolais' won the country's first free legislative elections in 1959,
before independency, leading to the appointment of the legendary anti-colonial
leader Patrice Emery Lumumba as first Congolese prime minister. But it is not a
reason for us to accept many irregularities that have occur the electoral
process.
Currently in the world, there are some political principles
which are conducting democratic elections as: the full participation of the
citizens in the political process and freedom association, political tolerance
and regular intervals for elections as provided the constitution (41(*)). Equal opportunities for all
political parties must be provided to all to access the state media, but
nothing can be found in Congo's specific case when only one candidate was
allowed to use the public media for him propaganda. But, concerning the public
debate that also has been providing by electoral law, it is him the first to
destroy that meeting because he doesn't have any background to manage.
Others democratic electoral principles are the equal the
acceptance and respect of the election results by political parties proclaimed
to have been free and fair by the competent national electoral authorities,
which are supposed to neutral, but in Congo, the Independent Electoral
Commission and the High Court, according to professor Mampuya Kanunk'a Tshiabo,
are just under Kabila strong political control and then, become his private
fields.
A. First Round
First round Congolese elections results, issued in August,
sparked three days of fierce battles opposing Jean-Pierre Bemba and Joseph
Kabila troops on the streets of Kinshasa.
Starting on August 20 heavy armed clashes took place in
Kinshasa between forces loyal to Bemba and Kabila. Both sides accused the other
of starting the fighting.
More than 25 million citizens of the Democratic Republic of
the Congo were registered to vote between 33 candidates for the Presidency and
9.000 for the 500 seats for the future parliament, were the approximate
population is known or estimated around 60 million.
On the day of the election, three vice-presidents, many
presidency candidates and some electoral observers complained about vote
rigging. Zahidi Ngoma, Azarias Ruberwa and Jean-Pierre Bemba said `we are
heading for a masquerade or a parody of elections'.
On 21 August, during a meeting between Bemba and fourteen
foreign ambassadors representing the International Committee Accompanying the
political transition to democratic process in Democratic Republic of the Congo
which was taking place in Kinshasa, clashes broke between Bemba and Kabila
forces and also Bemba's residence which hosted the meeting, came under violent
Kabila's attack.
One diplomat in the residence of Bemba declares `Kabila used
artillery and heavy machine gun fire' to destroy Bemba's residence.
Suddenly, Bemba and fourteen diplomats were moved to the
safety of the residence's shelter and there were no reports of injuries.
Evacuations plan for diplomats stranded in the shelter were reportedly being
drawn up.
Bemba's private helicopter was said to have been destroyed in
the Kabila's attack. Several hours later, the Monuc announced that the
diplomats had been properly evacuated from Bemba's residence. From this
political conflict situation, the European Union has began sending more
peacekeeping troops to Kinshasa but the Monuc chief always called for an
immediate ceasefire, politically fragile.
The 30 July 2006 Congolese's Elections were characterized by
full violence and most logistical problems, which have been solved late by
Monuc.
B. Second Round
The second election is normally organized, according article
71 of the new Congolese's constitution which saying: `the president of the
Republic is elected by an absolute majority of votes. If a leader is not chosen
after the first round of elections, there must be a waiting period of 15 days
until a second election can take place. Only the two candidates who received
the most votes in the first election can proceed to the second round. In case
of death or withdrawal of either candidate, they will be presented in the order
of their standing based on the results of the first election. Whoever is
declared as winner of the first presidential elections will receive the
majority of votes'.
In practice, the Independent Electoral Commission is the first
by violating the constitution because the second round didn't take place
fifteen days after the results for first round has been proclaimed by the High
Court. How we can build a democratic state by starting violating the
constitution?
This second round of presidential election to end fragile
political transition period took place on 29 October 2006, opposing Jean-Pierre
Bemba and Kabila, which is considered as a Community International candidate,
still characterized by many irregularities, according to Eve Bazaiba, a
spokesperson for the main political coalition supporting Bemba. She said the
votes for candidate were systematically decreased, while those of his opponent
were increased, she denouncing what she called `cheating' by the electoral
commission which never been independent.
Bazaiba also said partial results published currently by the
commission so far included more results from the east, where Kabila has
political support, and less from the west where Bemba is more popular, giving
the impression that Bemba is far behind. This creates an imbalance and creates
tensions within the population. Results released Monday from the October 29
showed Kabila well ahead with more than 60 percent of the vote. The results
were based on a tally of 1, 8 million ballots out of 25 million registered
voters in many provinces across the country. But for my own opinion, I sharing
the political view from UDPS which has already believe that this electoral
process is just a `masquerade' when other knows before the winner.
Conclusion
I think that Congolese political conflict is never going to be
solved by elections process only which never had been inclusive, because the
main opposition political party (UDPS) is not participating to general
elections. Democracy is a process not an event alone.
The fundamental problem of the Democratic Republic of the
Congo is not just to change the nature of political regime or government, state
form or name, new constitution ...but rather to adopt forever `democracy' as
state political tradition and then, we just need to learn how to do it.
Political pluralism and diversity of ideas and opinions are core elements in
democracy-building.
Political success of the elections is more important not only
for the Congolese people, but it can even have a major impact for political
stability, peace and development in the region of the Great Lakes and all
Africa.
After these elections, Congolese leaders must meet again to
reinforce the democratic process integration and to make it inclusive.
According to the CEI calendar, the results of the second round
are going to take place on 19 November, but the political atmosphere in the
country is still characterized by violence. As for the final result, it will be
proclaimed by the Supreme Court of Justice on 30 November. The representatives
of the two presidential candidates have signed an agreement which promising to
respect the results of elections. But, political tension in many parts of the
country, especially in Kinshasa, still remains high and unstable, the peace is
depending to which one that Congolese want him to be a first president for the
third Congolese Republic, the winning of the International Community's
candidate will never bring peace in the former Zaire.
MAIN REFERENCES
v BONG-E-BONE Bobo: `Des implications perspectives de l'
éclatement de la Cour Supreme de Justice'. Mémoire de licence en
droit, Université de Kinshasa, Faculté de Droit,
Département de droit public interne, 2001-2002.
v BONG-E-BONE Bobo: `Le sort des actes de la Conférence
Nationale Souveraine après l' avénèment de l' AFDL le 17
Mai 1997'. Travail de fin de cycle, Université de Kinshasa,
Faculté de Droit, Département de droit public interne,
1998-1999.
v BOSHAB Evarist: `La Trajectoire Constitutionnelle de la
RDC'. In Raport final du Séminaire sur les questions de la
nationalité et de la future constitution de la RDC. Aout 2004.
v Callaghy Thomas: The State-Society Struggle. Zaire in
Comparative Perspective, 1984.
v DALA DIANA: `Political engagement of Catholic Church in the
democratization process of the Democratic Republic of Congo: Analysis of a
commitment for a new Congolese political leadership towards democracy'.
Honours's dissertation, Wits University, School of Social Science, Faculty of
Humanities, Department of Political Studies, January 2006.
v DJELO EMPENGE OSAKO: Droit Constitutionnel et Institutions
Politiques. Cours polycopié, premier graduat en doit, Université
de Kinshasa, 1995-1996.
v DJELO EMPENGE OSAKO: Impact de la coutume sur l' exercice du
pouvoir en Afrique noire. Le cas du Zaire, Edition bel élan, 1990.
v DUVERGER Maurice: `A New Political System Model:
Semi-Presidential Government'. European Journal of Political Research 8 (2).
v FREDERIKSE J.: `The Unbreakable Thread', 1990.
v JENNINGS Ivor: Democracy in Africa. Cambridge University
Press, 1963.
v KABANGE NTABALA: `La problématique de la forme de l'
Etat en RDC'. In revue de la faculté de Droit, 2eme année,
Numéro 1, Université Protestante au Congo, 1999.
v LEFORT Claude: `Democracy and Political Theory'. Cambridge
Policy Press, 1988.
v LEFORT Claude: `The Political Forms of Modern Society.
London Policy Press, 1986.
v MAMPUYA KANUNKA T.: `L' enjeu et défi de la
constitution de demain pour la RDC'. In Raport Final du Séminaire sur
les questions de la nationalité et de la future constitution de la RDC.
Aout 2004.
v MANEGABE Charlemagne: `De la Confiscation de la
Souveraineté dans les Etats de l' Afrique noire'. Mémoire de
licence en droit, Université de Kinshasa, Faculté de Droit,
Département de droit public interne, 1996-1997.
v Michael Nest, Francois Grignon and Emizet F. Kisangani: The
Democratic Republic of Congo. Economic Dimensions of War and Peace. Lynne
Rienner Publishers, 2006.
v New Congolese's constitution, 2006.
v NTUMBA LUABA: Introduction a la science politique. Cours
polycopié, premier graduat en droit, Université de Kinshasa,
Faculté de Droit, 1995-1996.
v Ordonnance-Loi no 82/020 du 31 Mars 1982.
v Rapport de la commission constitutionnelle de la
Conférence Nationale Souveraine.
v Report of the United Nations concerning illegal exploitation
in DRC, November 2001.
v ROBIN Lee and SCHLEMER Laurence: Transition to Democracy.
Policy Perspectives, 1991.
v UDPS's speech defended in Sovereign National Conference.
v
www.eisa.org.za/PDF/sadcguidelines.pdf
v
http://en.wikipedia.org/wiki/separation_of_powers
v
www.courdecassation.fr/court_of_9256html (03 November 2006).
v Zaire the Political Economy of Underdevelopment. Edited by
Guy Gran, 1979.
ABBREVIATIONS
· AFDL: Alliance des Forces Démocratiques pour la
Libération du Congo.
· CCTV: Canal Congo Télévision
· CEI: Independent Electoral Commission
· DRC: Democratic Republic of the Congo
· Ibidem: In the same place
· MLC: Mouvement pour la Libération du Congo
· MONUC: United Nations Mission in the Democratic
Republic of the Congo
· MPR: Mouvement Populaire de la Révolution
· O.L.: Ordonnance-Loi.
· Op.cit: Opus citatum or the work cited.
· p.: page
· p.p.: pages
· RCD: Rassemblement Congolais pour la
Démocratie
· UDPS: Union for Democracy and Social Progress
· UNIKIN: Université de Kinshasa
Contents
Declaration
Dedication
Acknowledgements
Introduction
I. Geographical presentation
II. Background of the concept of democracy
III. Topic's motivation
IV. Methodology and outlines of chapters
Chapter One: Political Historical Overview in DRC
A. The Berlin Conference (15 November 1884-26 February
1885)
B. The Belgian Congo (1908-1960)
C. The First Republic (30 June 1960-24 November 1965)
D. The Second Republic (24 November 1965-24 April 1990)
E. The First Political Transition Period (24 April 1990-17 May
1997)
F. The Second Political Transition Period (17 May 1997-16
January 2001)
G. The Third Political Transition Period since January 2001
Chapter Two: The Constitutional Referendum in DRC
A. Political context
B. New constitution's provisions
1. General provisions
2. State form
3. Political regime
4. Power of judging
Chapter Three: The Electoral Process in DRC
A. First round
B. Second round
Conclusion
Main references
Abbreviations
Contents
* 1 Callaghy Thomas M.: The
State-Society Struggle. Zaire in Comparative Perspective, 1984, p.144
* 2 Sir Ivor JENNINGS: Democracy
in Africa. Cambridge University Press, 1963, p.22
* 3 Ibidem
* 4 LEFORT Claude: Democracy and
Political Theory, Cambridge, Polity Press, 1988, p.
* 5 See
www.ukzn/ac.za/ccs/default.asp?5,50,5,334
* 6 DALA Diana F.: `Political
engagement of catholic church in the democratization process of the
Democratic Republic of Congo: Analysis of a commitment for a
new Congolese political leadership
towards democracy'. Honours's dissertation, Wits University,
Scholl of Social Science, Faculty of
Humanities, January 2006, p.1.
* 7 It was 6.128 memorandums
from people asking democratic process in the country.
* 8 ABDOULAYE W. said that when
he was a Congolese mediator political conflict early in 1990 years in
Kinshasa. Fifteen years late, Congolese people give him full
reason.
* 9
www.ukzn/ac/za/ccs/default.asp?5,50, 5,334 (2006 October 24).
* 10 Frederikse (J.): The
Unbreakable Thread, 1990, p. 267.
* 11 DJELO E.O.: Impact de la
coutume sur l' exercice du pouvoir en Afrique noire. Le cas du Zaire, Edition
Bel élan, 1990 p. 53.
* 12 See the UDPS speech
defended in Sovereign National Conference by Professor Marcel Antoine LIHAU.
* 13 Op.cit p.409
* 14 Callaghy Thomas M.: op.cit
p. 181
* 15 BOSHAB Evariste: La
Trajectoitre Constitutionnelle de la RDC, in Rapport final du séminaire
sur les
questions de la nationalité et de la future
constitution de la RDC, Aout 2004, p.14.
* 16 Zaire the Political
Economy of Underdevelopment. Edited by Guy Gran, 1979, p.62
* 17 LEFORT C.: The Political
Forms of Modern Society. London, Polity Press, 1986, p.p. 366-367
* 18 Callaghy Thomas M.: op.
cit. p.p. 183-184.
* 19 Robin Lee & Lawrence
Schlemmer: Transition to Democracy. Policy Perspectives 1991, first page.
* 20 BONG -e- Bone Bobo: `Le
sort des actes de la conférence nationale souveraine après l'
avénèment de l'
AFDL le 17 Mai 1997'. Travail de fin de cycle
présenté pour l' obtention du titre de gradué en droit,
Université de Kinshasa, 1998-1999, p.1.
* 21 Michael Nest, with
Francois Grignon and Emizet F. Kisangani: The Democratic Republic of Congo.
Economic Dimensions of War and Peace. Lynne Rienner
Publishers, 2006, p.31.
* 22 Report of the United
Nations concerning illegal exploitation in DRC, November 2001.
* 23 Democracy in Africa.
Op.cit. p.70
* 24 MANEGABE, Charlemagne: De
la Confiscation de la Souveraineté dans les Etats de l' Afrique
Noire.
Mémoire de licence en droit, Unikin, department de
droit public interne, 1996-1997, p. 43
* 25 MUKADI Bonyi is a lawyer
at the Democratic Republic of the Congo's Supreme Court of Justice and
Ordinary Professor at University of Kinshasa, School of Law,
who is analyzing now the new DRC's
constitution and find some wrong judicial, political and
constitutional grammar.
* 26 Article 74 of the DRC's
new constitution.
* 27 DJELO E.O.: Droit
Constitutionnel et Institutions Politiques. Théorie
Générale de l' Etat. Cours
polycopié, premier graduat en droit, Unikin,
1995-1996, p.8.
* 28 See the second article of
the constitution.
* 29 DJELO E.O.: op.cit.
p.98
* 30 Mampuya K.T.: `Enjeu et
défi de la constitution de demain pour la RDC'. In Rapport final du
séminaire
sur les questions de la nationalité et de la future
constitution de la RDC. Aout 2004, p.17.
* 31 KABANGE Ntabala: La
problématique de la forme de l' Etat en RDC. In revue de la
faculté de droit,
2ème Année, Numéro 1, 1999,
Université Protestante au Congo, p. 238.
* 32 NTUMBA Luaba: Introduction
a la science politique. Cours polycopiés, premier graduat en droit,
Unikin, 1995-1996, p.9.
* 33 Duverger, M. (1980). `A
New Political System Model: Semi-Presidential Government. European Journal
of Political Research 8 (2): 165-187
* 34 BONG- e- BONE Bobo: `Des
implications perspectives de l' éclatement de la Cour Supreme de
Justice'.
Mémoire le licence en droit, Université de
Kinshasa, 2001-2002, p.p. 10-11.
* 35 Voir a ce sujet les
rapports des commissions constitutionnelle et juridique de la Conference
Nationale
Souveraine, Kinshasa, Palais du Peuple, 1992.
* 36
http://en.wikipedia.org/wiki/Separation_of_powers
* 37 Article 154 of new
Congolese constitution.
* 38 See article 155 of new
constitution and 146-147 of Ordinance-Law no 82/020 du 31 Mars 1982.
* 39 See article 153 of new
constitution.
* 40
www.courdecassation.fr/court_of-9256.html
(03 November 2006).
* 41
www.eisa.org.za/PDF/sadcguidelines.pdf
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