South African Observer Mission to the 2006 Presidential and Legislative Elections in the Democratic Republic of Congo (DRC), Kinshasa, 3 August 2006

1. Introduction

A South African Observer Mission (SAOM) was deployed to observe the 30 July 2006 presidential and legislative elections in the Democratic Republic of Congo (DRC). This followed an invitation by the Independent Electoral Commission (IEC) of the DRC.

For about 10 years South Africa has had the opportunity to work in solidarity with the people of Congo to restore peace, national unity and democracy to the DRC. Guided by her commitment to the African Agenda, peace, security and development, South Africa has travelled the road to this day with the people of Congo.

Members of the SAOM arrived in the DRC on 19 July 2006 and observed all the phases of the elections. The SAOM is pleased to release its interim report on the 2006 DRC presidential and legislative elections. This interim report covers the period from 19 July until and including election day. The SAOM will continue with its observation of the counting and processing of election results. A final detailed report will therefore be released at the conclusion of the election process.

The SAOM has concluded that the 30 July 2006 elections were conducted in a climate conducive to the democratic expression of the views of the people of the DRC on who should lead them. Considering the background of civil strife and autocratic rule which marked most of the country's history since independence, these elections were a remarkable achievement.

1.1 Background or context

The elections of 30 July 2006 were only the second democratic elections in the DRC's history. Since independence, the country experienced a period of more than 40 years, characterised by dictatorship and subsequent civil war. The civil war left close to four million people dead.

Efforts to bring about peace in the DRC culminated in the signing in Pretoria of the global and all-inclusive agreement on 16 December 2002. This agreement was endorsed at the final session of the Inter-Congolese Dialogue at Sun City in April 2003. In terms of this agreement the parties involved committed themselves to the establishment of a representative transitional government and holding of democratic elections.

In their millions, the people of Congo demonstrated their determination to bring peace and democracy to their country during the December 2005 constitutional referendum which was subsequently adopted in February 2006. The launch of the Constitution paved the way for presidential and legislative elections.

1.2 Composition of the mission

South Africa decided to deploy a 128-member national observer mission to observe the elections. The SAOM is multi-sectoral in its composition, consisting of the Members of Parliament (MPs), government officials, religious groups as well as civil society organisations. The SAOM was led by Mr Mluleki George, Deputy Minister of Defence.

1.3 Principles for the South African Observer Mission

The principles for election management, monitoring and observation (PEMMO) in the Southern Africa Developing Community (SADC) region together with others internationally accepted guidelines were used as points of reference for the elections observation, in all the phases of the DRC elections.

1.4 Method of work

In the execution of its mandate, the mission recognised the sovereignty of the DRC state and observed the elections in an independent and non-partisan manner. The mission collected data by attending rallies, meetings called by the competing presidential and parliamentary candidates as well other relevant stakeholders. The mission observed the general atmosphere of the election campaign. Observations were made according to the Electoral Law of the DRC.

1.5 Deployment and observation of the voting process

The SAOM observers were deployed in all 11 provinces of the DRC with an average of three teams in each province.

1.6 Meetings with stakeholders

The mission met with the Electoral Commission (CEI), political parties, various candidates and civil society groups. The mission also consulted with other observer missions, including SADC, African Union (AU), United Nations (UN), European Union (EU), United Kingdom (UK), United States of America (USA), the Carter Centre and the Electoral Institute of Southern Africa (EISA), the Konrad Adenauer Foundation and the Civil Society Framework for Co-operation in Election Observation, among others.

2. Preliminary findings of the mission

2.1 Electoral framework

2.1.1 Legal framework of the 2006 elections in the DRC

Towards the end of 2005, the transitional government put in place a legislative framework to pave the way for elections.

On 21 February 2006, the Electoral Law was adopted by the DRC parliament. According to the law, elections to the national and provincial assemblies would be conducted under a proportional representation system with a closed list of candidates. The President of the Republic is elected by majority vote in two rounds, if necessary. At the second round, only the two candidates having received the largest number of votes taking into account possible withdrawals will be in competition.

What lends credibility to the currently existing legal framework in the DRC is the presence of the institutions in support of democracy, as entrenched in articles 211 and 212 of the 2006 Constitution. These include the CEI, which has the primary responsibility for the organisation of the electoral process. The commission also has the duty of ensuring the regularity of the electoral process.

2.1.2 Registration and voters' roll

The SAOM observers confirmed that the voters' roll was made available at the polling centres for inspection. Before election day many voters went to check their names on the roll. The SAOM noted that voters whose names did not appear on the roll were assisted by the CEI. Those who lost their voting cards were issued with duplicate cards.

2.1.3 Registration of political parties and nomination of candidates

In terms of the law presidential candidates must be Congolese citizens of at least 30 years of age, who enjoy full civil and political rights and are not disqualified according to criteria defined by the Electoral Law. Similar criteria apply to candidates for the national assembly except that the minimum age for such candidates is 25 years. In total close to 270 parties registered for the elections. There were 33 presidential candidates. There were 9 632 candidates for the 500-seat national assembly.

The SAOM noted that the stipulated equal representation of men and women was not adhered to by the political parties in their nomination of candidates. In total there were only four female presidential candidates.

2.1.4 The Electoral Commission (CEI)

The mandate of the CEI is the preparation and administration of the elections in the DRC. The CEI was able to partner with other institutions in the country, including non-governmental organisations (NGOs), youth organisations, political parties and community-based organisations (CBOs).

Under very difficult conditions, logistical challenges and limited resources the CEI staff members displayed a high degree of professionalism, independence and impartiality. In general the CEI was able to fulfil its duties which include the responsibility of coordinating awareness campaigns and ensuring that the electorate is well informed about the electoral process. The CEI remarkably managed to deliver the election material in all polling stations in this vast country.

The SAOM noted the important contribution of the international community in assisting the CEI accomplish some of its objectives.

2.1.5 Media

Freedom of expression remains one of critical tools used as a yardstick to measure a country's adherence to principles of good governance. The election process in the DRC received extensive coverage in the country's media.

The Media Regulator Authority (MRA) in consultation with the CEI, was to a greater extent able to ensure equitable access to the media and the allocation of airtime during the elections as stipulated by the Electoral Law.

In general, there seemed to be a wide coverage of the electoral process including the election campaign, elections, etc.

The SAOM came to the conclusion that the election campaign was conducted in a climate free from fear of repression of divergent viewpoints in the media.

2.1.6 Campaigning or political violence and intimidation

As stipulated by article 28 of the Electoral Law that the election campaign is open 30 days maximum prior to the voting date and ends 24 hours before this date, the SAOM observers confirmed that indeed the electoral law was observed.

The election campaign process proceeded in a relatively peaceful environment. Political candidates were able to conduct their election campaigns. Political rallies were well attended and in most cases went without incident.

Overall, there were high levels of political tolerance demonstrated by candidates and the electorate. Even groups that were for various reasons opposed to the elections were given the opportunity to demonstrate.

The SAOM noted with regret that some lives were lost during isolated incidents of violence. While this was tragic the election campaigns in general proceeded peacefully and voters were not deterred from going to voting stations on election day.

2.1.7 Civic and voter education

Civic and voter education form a critical part in creating an environment conducive to holding credible democratic elections. According to the Electoral Law, the CEI is responsible for implementing and co-ordinating voter information programmes for voter and civic education campaigns.

As these were the first democratic elections in 40 years, there was a need for extensive voter education. Civic education plays an important role in raising public awareness and confidence in the electoral process.

The SAOM noted evidence of an effective education campaign conducted in a multi-faceted fashion which drew in governmental, non-governmental and political party resources and networks. The SAOM noted the important role played by radio in the education programmes. This helped some of the many people who do not have access to televisions and newspapers. The mission noted that the electorate was reasonably satisfied with civic and voter education and had a good sense of where their polling stations would be located.

2.1.8 Election day

The majority of voting stations opened on time with a few exceptions where they could not open due to a number of problems including lack of electricity and late delivery of election material. In general voting proceeded smoothly in the presence of party agents and national and international election observers.

The SAOM also noted cases where ballot boxes filled up quickly and additional ballot boxes were timeously supplied.

The SAOM did not observe any incidents of irregularities with the voting process. On the contrary, election day was marked by a general atmosphere of calm. Voters patiently stood in queues waiting to cast their votes. The SAOM noted a sense of excitement on the part of the voters.

The mission commends the CEI for the professional and impartial manner in which it conducted and managed these elections, thereby creating space for voters to express their choices freely and without fear of intimidation.

The SAOM concludes that the elections were conducted in a peaceful, democratic and credible manner.

3. Conclusion

The SAOM wishes to thank the CEI and the people of the DRC for the opportunity to participate in these historic elections. During the period of stay in the DRC, the members of the mission experienced warm hospitality and support.

The SAOM observed that during these elections the people of the DRC were provided with a platform to freely elect representatives of their choice. Voting took place in a reasonably peaceful environment and electoral officers managed to perform their tasks admirably despite several limitations.

Election day was marked by high visibility of security personnel which contributed to an atmosphere of calm.

On the basis of observations made which were conducted in accordance with the DRC Electoral Law, the leader of the SAOM and observers conclude that the presidential and parliamentary elections of 30 July 2006 were democratic, peaceful and credible. The mission is confident that space was created for the people of the DRC to express themselves on who they wish to have as their leaders.

Taking advantage of these elections, the first in 40 years, the people of Congo turned up in large numbers to choose their leaders, hoping for peace, national independence, national unity and reconciliation, democracy, human rights and development.

The SAOM is confident that the Congolese political leadership will build on this historic achievement to take the country forward to lasting peace, stability and economic growth.

Enquiries:

Vincent Hlongwane
Cell: 082 385 1169

Sam Mkhwanazi
Cell: 083 628 0858

Issued by: Department of Foreign Affairs
3 August 2006