SUMMARY:

EDITORIAL: The “active non-violent resistance” as a response to the « electoral coup d’Etat ».

1. INTERNAL POLITICS

a. National Assembly

b. Appointing new government

c. The first doubts

d. Investiture of the new government in the National Assembly

2. ELECTORAL PROCESS

3. HUMAN RIGHTS

4. THE R.D.CONGO CRISIS IS PRESENTED IN THE ITALIAN SENATE

EDITORIAL: THE «ACTIVE NON-VIOLENT RÉSISTANCE» AS A RESPONSE TO THE «ÉLECTORAL COUP D’ETAT».

 

Guy de Boeck recently started his daily press review (on www.congoforum.be), with the following words: « Like any other act, forming the Matata government must be placed in context, in this case it is a coup d’etat. »

Given the time which has elapsed, it is without a doubt that the results of the election from 28/11/11 will remain forever unknown. The most significant fraud occurred yet again in the compilation centres; we can only get closer to the « truth of the ballot boxes » when referring to the minutes of the polling report, the last public operation and one that is verified by witnesses. The INEC’s numbers do not match these voting reports, or the figures published by the UDSP. The church has never published parts of the results provided by its collaborators. We only have results for which the credibility is worthless, in the absence of proof of evidence.

All authority was claimed using nothing more than force, intimidation and a ready-made coup d’état. The main jurisdiction of the coup involved in, as if it were nothing at all, the tasks that normally follow an election to set the accomplished fact before the country and world. The SCJ has finished ratifying the legislative results and a government has been formed.

Tshisekedi’s self-declaration and his “annulment” of the legislative processes – illegal even by a normally elected and established President – are only caricatured imitations of a « completed coup d’etat”. Logic wants us to push reasoning to the limits and say that, not one, or the other can say someone has been elected, due to the lack of known results that are credible. In this context, continual confusion must be also be avoided between “disputing the elections and the published results” and “declaring Tshisekedi or either Kabila to have been elected”.

According to Guy De Boeck, it is undeniable that there was an “electoral coup d’etat “. But this statement cannot bring the Congolese to a passive or fatalistic resignation or to the acceptance of the unacceptable. After so much suffering provoked from over 15 years of war, the Congolese people want to take back their stolen dignity, by building a new and different future. The Congolese people are hungry and thirsting for change and they know they will be able to find new ways of active or non-active resistance which will allow them to determine their own destiny once again. They will turn to their creativity and imagination in order to establish new ways of non-violent protesting. In a collaborative spirit, various groups from civil society: ecclesial communities, women’s groups, development committees, human rights defence associations, the media and academic circles (only human potentialities being put to good use! The list is not exhaustive) will be enabled, as they have done up until the present, to find new spaces for reflection and civil formation which, inevitably and progressively, will drive the entire Congolese population to their liberation.

The conscience of their dignity, the feeling of being united as one nation, the respect of human rights and the responsibility vis-à-vis with justice represent the steps which, on a personal as well as community level at the heart of it, can contribute to over-ruling all kinds of dictatorships and repression. Besides, in the short and long term, the popular resistance, constant and non-violent, is stronger than the force of those who possess the weapons and power.

1. INTERNAL POLITICS

a. National Assembly

On the 20th of April, during the plenary meeting, the existing parliamentary groups were presented:

1. AFDC and allies, 33 MPs, M. Kokonyange, president.

2. Liberal Christians and Socialistes, 28 national MPs, Antipas Mbusa Nyamwisi, president ;

3. The People’s party for reconstruction and democracy (PPRD), 63 national MPs, Ramazani Shadari, president ;

4. The Social Movement for Renewal and associates (SMR), 40 national MPs, Elide Michel Ngbokoso, president ;

5. The Alliance of Republican Democrats (ARD), 33 MPs, Christophe Lutundula Apala, president

6. The Union for democracy and social progress/Acquired forces of change (UDSP/AFC), 55 MPs, office no longer exists;

7. Terre d’Avenir (TA), 29 MPs, Baudouin Banza Mukalay Nsungu, president ;

8. Parliamentary Group for Renewal (PGR), 32 MPs, non-constituted office ;

9. Law State, 28 MPs, Nku Imbie, president ;

During the meeting on 25 April, three other parliamentary groups were established:

10. Palu and allies composed of 30 members,

11. MLC and allies constituted of 30 members and

12. UNC and allies which counts 34 MPs at its heart.

On the 25th of April, the Supreme Court of Justice (SCJ) invalidated the terms of office of thirty two registered MPs elected by the Independent National Electoral Commission (INEC). The invalidated MPs are replaced by other MPs elected by the court. In the Equateur province for example, the Supreme Court of Justice have voided the election of nearly ten MPs including Jean-Claude Baende, the present governor.

Among the invalidated, 17 belong to the Presidential Majority (PM) and 6 to the opposition. But 22 new MPs from the PM have been declared elected in the same time, against only 3 from the opposition, according to results from the SCJ.

According to 521 appeals submitted, the SCJ have rejected many, because they have been deemed “unwarranted ” or “inadmissible”.

The Supreme Court of Justice only cancels elections within the only constituency of Masisi (North-Kivu) where problems have been indicated during voting.

The INEC has sixty days to date from receiving the SCJ’s notification in order to organise legislative elections in this district.

On the 26th of April, the ex-special advisor to Etienne Tshisekedi, the MP Samy Badibanga, had been carried to presidency from the parliamentary group UDSP and AFC. He is aided by two assistants notably the RCDN, Roger Lumbala for the post of Vice-President and the UDPS Fabien Mutomb, for the post of second vice president. The MPs Puela and Ambatobe Amy are assigned respectively first rapporteur and assistant rapporteur.

b. Appointing new government.

On the 28th of April, the Prime Minister Augustin Matata Ponyo has published his government composing of thirty six members, two being vice prime ministers, one minister delegated to the Primature in charge of Finance, twenty five ministers and eight vice ministers.

– The two vice prime ministers deal with, one – Budget, Daniel Mukoko Samba, and the other – Defence, Ex-servicemen and Customary Affairs, Alexandre Lubal Tamu

– The delegated minister alongside the prime minister in charge of Finance is Patrick Kitebi Kibol Mvul

The team however is made up of twenty five members. Amongst them:

– Lambert Mende, re-elected to Media department. He will also look after Parliamentary relations and the initiation process for new citizenship;

– Fridolin Kasweshi, re-elected to Infrastructures and Public Works. He will also lead Town and Country Planning, Urbanism and Housing;

– Martin Kabwelulu keeps the Department of Mining;

– Maker Mwangu stays with Primary, Secondary and Professional Education;

There are three women at the head of three ministries:

– Wivine Mumba Matipa, Justice and Human Rights minister;

– Louise Munga Mesozi, Economic Affairs minister ;

– Géneviève Inagosi, minister for Gender, Families and Children,

The other members of this government are:

– Foreign Affairs, International Cooperation et Francophony : Raymond Tshibanda ;

– Home Office, Security, Decentralisation et Customary Affairs: Richard Muyej ;

– Planning and continuation of the Modern Revolution : Célestin Vunabandi ;

– Economy and Commerce : Jean-Paul Nemoyato ;

– Transport and Communications : Justin Kalumba Mwana Ngongo ;

– Environment, Natural Conservation and Tourism : Bavon N’sa Mputu Elima ;

– Hydraulic Resources et Electricity : Bruno Kapanji Kalala;

– Hydrocarbons : Crispin Atama Tabe ;

– Industry, Small and Medium Businesses : Remy Musunganyi Bampale ;

– Posts, Telecommunications et New Technologies : Tryphon Kin-kiey Mulumba ;

– Employment, Work and Social Security: Modeste Bahati Lukwebo ;

– Public Health: Felix Kabange Numbi

– Higher and University Education : Chelo Lotsima ;

– Agriculture and Rural Development : Jean-Chrysostome Vahamwiti ;

– State Property Affairs : Robert Mbuinga ;

– Social Affairs, Humanitary Action and National Solidarity: Charles Nawej Mundele

– Public Functions: Jean Claude Kibala ;

– Youth, Sport and Leisure, including Culture and Arts : Banza Mukalayi Sungu

This government also has eight vices-ministers, three of which are women :

Foreign Affairs: Tunda wa Kasende ;

International Cooperation: Dismas Magbengu ;

Decentralisation and Customary Affairs: Eugide Ngokoso ;

Human Rights : Sakina Binti ;

Planning : Sadok Bukanza ;

Finance : Roger Shulungu ;

Budget : Abuyuwe Lixa ;

EPSP : Maguy Rwakabuba.

In the new government, several ministers from the old government (46 members) have been regrouped. The ministry of Infrastructure and Public Works is also closely associated with the department for Planning, Urbanism and Housing. The ministry of foreign Affairs and that of International Relations have been regrouped. It is the same case for Economy and Business. The ministry of Youth, Sport and Leisure is joint with Culture and Arts. The new executive will have to respond to a high social demand in a country of dilapidated infrastructures, featuring many natural riches – notably minerals – but where two thirds of the 68 million inhabitants live in poverty, corruption and the state of affairs are in a bad way.

Repartition by Party:

PPRD: 9 (Kasweshi, Munga, Sadok, Mbuinga, Maker, Muyej, Atama, Mumba, Tunda wa Kasende)

MSR: 3 (Vahamwiti, Kibala, Ngokoso)

PALU: 2 (Mukoko, Kabwelulu)

PPPD: 0 or 1?

ULDC: 1 (Tshibanda)

NAD: 1 (Inagosi)

ADH: 1 (Magbengu)

UNAFEC: 1 (Sakina)

ECT: 1 (Numbi)

UCP: 1 (Vunabandi)

UDCO: 1 (Banza Mukalay)

AFDC: 1 (Bahati Lukwebo)

PDC: (N’sa Mputu)

CDC: 1 (Nemoyato)

PR: 1 (Kalumba)

PA: 1 (Kin-Kiey)

UDCN: 1 (Rwakabuba)

ARC: 1 (Nawej)

[Munga and Mumba are perceived as PPRD; however their affiliation is somewhat uncertain. Similarly, Tshibanda is recorded as PPPD. NdlR]

Distribution by Province:

Katanga: 9

Province Orientale: 4

Kasai-Oriental: 3

Sud Kivu: 3

Nord Kivu: 2

Bas-Congo: 2

Kasai-Occidental: 2

Bandundu: 1

Maniema: 1

Equateur: 1

[Ethnic affiliation of Eastern Natives: Celestin Vunabandi of Hutu de Rutshuru and close to Eugene Serufuli, Sadok Biganza of Munyamulenge from South Kivu, and Maguy Rwakabuba, Tutsi de Rutshuru. NdlR]

In the new government, Prime Minister, Augustin Matata Ponyo, keeps the upper hand on the Economy and Finance with the help of a Minister, Patrice Kitebi.

Six outgoing ministers remain all the same in the new team: Lambert Mende (Media), Martin Kabwelulu (Mines), Raymond Tshibanda, (Foreign Affairs), Richard Muyej (Interior), Fridolin Kasweshi (Planning) and Justin Kalumba (Transport).

Notably absent from the new government are the “tenors” and “barons” of the PPRD, who have been asked to be discreet. The other surprise is the absence of certain officers of the Presidential Majority. It is particularly the case of Olivier Kamitatu (whose party won several seats in the National Assembly) and José Endundo.

Certainly, the new Prime Minister would not have liked the party leaders in his cabinet, but some are very much there, like Modeste Bahati (AFDC), Tryphon Kin-Kiey (Party for Action – PA), Lambert Mende (CCU), Felix Kabange Numbi (ECT), Raymond Tshibanda (ULDC), Banza Mukalayi (UDCO).

In this government, the People’s Party for Reconstruction and Democracy (PPRD) has been put under the spotlight. In addition to its supremacy over finances, the PPRD also controls some departments of sovereignty, including the Interior. Thus, the “eldest daughter of the majority” has earned the lion’s share with twelve positions. In addition to the prime minister’s office in fact, the PPRD has eight ministers, one minister delegated to the prime minister’s and two deputy ministers.

The Social Movement for Renovation (MSR), the second party of its political weight in the majority, has received four positions: a deputy prime minister in charge of Defence, two ministers and a deputy minister.

Palu, having held court during the first term as prime minister, was awarded the vice-prime minister’s office in charge of the budget. It also keeps the Department of Mines.

The CRA, despite its sixteen members and AFDC, with at least fifteen members, have received only one ministry each. Other parties have also obtained a department each. These are:

the ULDC, the CCU, the PA, the Udeco the Panu, the PDC, the CAAC, the ECT, the PCU and the Nad.

ADH and UDCN are unavailable to the vice-ministries of International Cooperation and the ESPS.

Moreover, the Minister of Economy and Trade, John Paul Nemoyato, is a member of the Coalition of Christian Democrats (CDC), an opposition party led by Kia Kiakwama Kiziki. But he was not authorized by his superiors to join the Matata government. Remy Musungayi Bampale, Minister of Industry, Small and Medium Enterprises, was active in another opposition party, the Alliance for Development and the Republic (ADR) of Francois Mwamba, former Secretary General of the MLC.

In the opposition, critics are beginning to be heard.

In the parliamentary opposition, some prefer to see the program before judging. “We are waiting for them resolutely, said MP Clement Kanku. We have a bunch of questions to ask the Prime Minister. ” According Fayulu Martin, “this government is composed of docile people that will allow Kabila to continue to do what he wants.”

In the extra-parliamentary opposition, the Union for Democracy and Social Progress (UDPS) has reaffirmed its commitment to not recognize this government, who it describes as a structure resulting from elections marked by cheating, massive fraud and many other irregularities.

“The Congolese can not expect anything from this government composed of people who have no legitimacy because they are a result of a sham of an election. A government that will further strengthen the misery of the people”, said Mr. Jaquemin Shabani, Secretary General of the UDPS. He stressed that the UDPS will spare no expense about the means and will conduct a series of actions internally and abroad so that the truth is finally known the polls and that the real winners of these elections be restored to their right so that they take the management of institutions. The General Secretary of the UDPS stressed it’s commitment not to participate in the institutions created by the elections of 2011. “All those who call themselves the UDPS and who serve in the National Assembly are already excluded from the party. For the UDPS cannot in any way condone the great cheating that was organized by the Independent National Electoral Commission (CENI) in the elections of November 2011, “he explained.

c. The first doubts

According to The Potential, a newspaper published in Kinshasa, the real surprise was the meeting. It was not open to the Opposition. The same fate suffered by most party leaders who have not been able to gain acceptance. The Prime Minister has finally surrounded himself by his men, chosen according to his criteria. Which puts him under pressure, obliged to win the gamble of not giving reason to the excluded who are watching.

Matata Ponyo is a man place under close scrutiny from all sides. On the one hand, ‘excluded’ party leaders are lying in wait to judge the effectiveness of his methods and especially of his choices. On the other hand, there is the opposition that does not intend to give up. The opposition could calm things down if the promised opening had been effective. Yet this is not the case. Consequently, the head of government has all the opposition on his back. Matata Ponyo is therefore a man under pressure. In case of a failure, there could be the “great comeback” of party leaders and chiefs of the Presidential Majority. All thirsty for “revenge”.

Presented himself as a technocrat, Augustine Matata had promised to lead a team of competent, credible men and women, but overall with credit on a moral level. Clearly, members should meet a major criterion: technocracy. At a glance at the list of members of the new government, one quickly realizes that the Matata cabinet is composed largely of politicians who already have their shirts wet, either under Mobutu or Kabila, or in other conditions, such as their participation in the RCD, a former military and political movement similar to the current Rwandan regime. Some would like to hear the Prime Minister define the term technocrat according to his understanding.

Another question was to know what the “parallel government”, also known as the “Katanga circle” would be, after the death of Katumba Mwanke. Would the government recover control before losing it to otherwise hidden, at least not official entreaties? It seems that Matata will retrieve the keys from the box, but his government is regionally unbalanced in favour of Katanga – 9 of 36, is fourth – and, to the east, “congwandais” – 9out of 36, that is half of Kivutiens. This might suggest that perhaps it is the “parallel” government that swallowed the “official” government.

d. Investiture of the new government to the National Assembly

On the 7th May, Prime Minister Matata Ponyo presented the program of his government in the National Assembly. For Matata Ponyo, it’s a five-year program with strong economic and social policy, of which the four main areas are:

– The need to build an effective state

– The need to develop basic infrastructure

– The revitalization of the main production sectors

– The strengthening of human capital as well as improving social conditions of the population

To materialize his program, Matata Ponyo declared: “I will engage in the creation of decent jobs, the socio-economic reintegration of disadvantaged youth, improving access to drinking water and sanitation, access to education, housing, culture and sport. ” The Prime Minister also said that his team would work to establish effective justice by fighting against corruption.

Describing the country’s economic situation, the Prime Minister said that several indicators were red. He particularly himself asked why 71% of the population lives on less than 1,000 francs ($ 1) per day, despite the immense resources which the country abounds.

He also regretted that the business environment remains characterized by diverse administrative, legal and regulatory obstacles. Referring to the Doing Business rankings on the business climate, he declared that “the DRC occupies the 178th position [out of 183 countries] particularly because of its poor capacity to attract private investment.”

For the Prime Minister, the private sector remains the engine of growth. But it depends on the support of his government on economic operators by “scrupulous respect for the laws and regulations of the country.”

On the 9th May, the National Assembly approved the government’s program presented by Prime Minister Augustin Matata Ponyo. Of 388 members who took part in the vote, 324 deputies voted in favour, 53 MPs voted against, 11 MPs voted abstention. Some Opposition members particularly those of the parliamentary group Union for Democracy and Social Progress / Acquired in Change Forces (UDPS / FAC) walked out the vote.

2. Electoral Process

On the 8th May, the Ambassador of the EU in the DRC, Jean-Michel Dumond, has urged the Democratic Republic of Congo (DRC) to continue the electoral process with the organization of provincial and local elections. It also recommended the restructuring of the Independent National Electoral Commission (CENI). Nevertheless he said that the restructuring of CENI depends on members of the National Assembly.

The call to the rehabilitation and restructuring of CENI was also launched by civil society of the DRC. In a petition initiated on March 18, the coalition of civil society of the DRC has been able to collect nine thousand signatures to submit to the National Assembly, to demand the resignation of CENI members.

3. HUMAN RIGTHS

On the 2nd May, in a statement published to mark the International Day of freedom of the press celebrated on May 3, the NGO Journalist in Danger (JED) showed that 64 cases of violation of freedom of the press been recorded over the whole of the Democratic Republic of Congo (DRC) since the late elections of 28 November 2011.

According to the statement of JED, journalists and the media in the DRC were the target of several attacks and other threats to law enforcement personnel and administrative authorities with the intention of restricting the freedom of expression from media professionals. Among the proven cases of violations of freedom of the press, EDD notably cites: the imprisonment of a journalist in Bas-Congo, the questioning of 21 journalists by various security services, five cases of aggressions against journalists during their work and radio and television stations signal cuts.

4. THE D.R CONGO’S CRISIS INVITES ITSELF INTO THE ITALIAN SENATE.

On the 16th of May, a delegation from the Congolese community in Italy was admitted to the Senate for a parliamentary hearing before the Commission on Human Rights in the Italian Senate. During a press conference, Mr. Pietro Marcenaro, president of the Human Rights Commission, declared that “the question of the Democratic Republic of Congo (DRC), with its long years of violence and its millions of victims should weigh on the conscience of Europe”, adding that “unfortunately, it is difficult to build public opinion and political interest around the Congo.” Referring to the Congolese situation, Senator Barbara Contini underlined that Italy and the international community must respond for a “guilty negligence” that threatens to alter the balance of the entire Great Lakes region.

It’s a sad situation that has been exposed before the Senate Committee, a situation characterised by an electoral process marked by fraud and irregularities and disrupted by strong political, social and military tensions. “Throughout the country there is a situation of general insecurity. In Kivu, in the east of the country, they continue to shoot and die, ” declared the spokesman of the Congolese community in Italy, referring to the new wave of violence recorded since early April, with the mutiny of General Bosco Ntaganda and attacks committed by other armed groups.

The cause of these conflicts is not tribal, but economic. The Congolese community in Italy primarily recalled, “the main cause of the war that, since 1996, continues to tear the country apart, is the illegal exploitation of Congo’s raw materials (gold, coltan, copper, diamonds, tungsten, wood, to name a few). ” The DRC has the potential to be one of the richest countries in the world, and yet, today, it ranks 187th out of 187 countries in the human development index established by the United Nations.

Many are the questions asked by Congolese civil society to the Italian government and the international community: why does a life killed in Congo not arouse the same indignation and condemnation as elsewhere? Why, despite the UN reports that denounce the crimes committed in Congo, has the international community not yet taken any concrete steps to bring to justice those responsible for these crimes? What do the Italian and European authorities about the massacre of 5 to 6 million Congolese since 1996? What do they think of the principle of shared responsibility, according to which a country like Italy could not sell weapons to, nor support financially and politically, a regime without realizing its joint responsibility for the damage that this help could create? To these questions and many others, Congolese civil society expects responses and concrete actions.

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This English translation has been carried out by the translators Kezia Stanley – Gaussen (1st part) and Emily Jarrin – Leon (2nd part) within the PerMondo initiative. This initiative offers free translation of documents and websites for non-profit organisations and it was supported by the translation agency Mondo Agit.

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