US embassy cable - 05KINSHASA790

C O N F I D E N T I A L KINSHASA 000790 
 
SIPDIS 
 
E.O. 12958: DECL: 05/10/2015 
TAGS: PGOV, KDEM, KPKO, CG 
SUBJECT: CONGOLESE CONSTITUTION ALMOST COMPLETE, ELECTORAL 
SCHEDULE BEING RVIEWED 
 
Classified By: PolCouns MSanderson, reasons 1.4 b/d. 
 
1. (C)  After several weeks of intense negotiations, the 
National Assembly is in the third day of final consideration 
of the draft constitution, which is expected to be approved 
by the end of this week. Substantial changes were made to the 
original text to address concerns earlier voiced by CIAT 
members and to accommodate the political positions of the 
various transitional government elements. 
 
2. (C)  The final draft reflects an acceptable balance of 
powers between the three branches of the government 
(executive, legislative and judicial), while still retaining 
the Congolese preference for a semi-Presidential versus 
Parliamentary system of government.  Specifically: the 
President will appoint the Prime Minster from among the 
majority element of the Parliament (whether one party or a 
coalition) after consultation with the majority (this was 
changed from allowing the President simply to appoint without 
consultation); the Prime Minister will name the Ministers who 
will work for the President; the Government (defined as the 
Prime Minister and Ministers) will set the policy of the 
nation in consultation with the President (changed from the 
President setting the policy in consultation with the Prime 
Minister), and the Constitutional Court will have the power 
to decide disputes between the President and Prime Minister. 
 
3. (C) The government also is expressly charged with 
protecting and developing its minorities, a key issue for the 
RCD.  Reference to the death penalty (a major sticking point 
for the European Union) has been removed from the 
constitution. CIAT members are generally satisfied with the 
final document which, although still not perfect, is 
workable.  Perhaps most importantly, concluding the debate on 
the constitution this week will allow the tentative electoral 
calendar to be developed and keep the Congolese on track to 
having all four elections currently foreseen completed before 
June 2006. 
 
4. (C)  Members of the international community will meet May 
12 with the Independent Electoral Commission (IEC) to try to 
firm up the elections calendar.  Following a May 7 meeting of 
the international steering committee for elections, technical 
experts, the IEC, the Ministers of Planning, Budget and the 
Vice Ministers of Interior (septel) the UNDP was charged with 
placing the order for approximately 10,000 voter registration 
machines, the first 2,500 of which should arrive in the DRC 
in time for voter registration to begin in Kinshasa before 
June 30.  Tomorrow's meeting will attempt to provide a 
realistic look forward on the timing of the series of 
required upcoming elections-related events, to include: when 
national voter registration will conclude, when the national 
referendum on the constitution will take place, when the 
electoral law will be presented to Parliament, when elections 
campaigning will officially begin, and when the elections 
will begin -- and end. 
 
5. (U)  We will report more fully on the constitution and the 
elections calendar septels. 
DOUGHERTY