US embassy cable - 05KINSHASA1323

C O N F I D E N T I A L SECTION 01 OF 02 KINSHASA 001323 
 
SIPDIS 
 
E.O. 12958: DECL: 08/17/2015 
TAGS: PGOV, PREL, KDEM, KPKO, CG 
SUBJECT: ELECTION LAW MOVING TO CENTER STAGE 
 
REF: KINSHASA 1320 
 
Classified By: Ambassador Roger Meece.  Reason 1.4 (b/d). 
 
1. (C) The next major step needed for DRC elections is an 
election law to provide statutory authority and to specify 
the legal parameters for general elections.  The issue has 
been receiving considerable attention in Kinshasa, most 
recently in the August 15 meeting chaired by President Kabila 
involving the DRC,s Vice Presidents, National Assembly and 
Senate Presidents, the Ministers of Interior and Defense, 
Independent Election Commission (CEI) President Malu Malu, 
other senior GDRC officials, and the Ambassadors/Charges 
representing the International Committee to Accompany the 
Transition (CIAT).  The bulk of discussion in that meeting 
focused on urgent logistical problems in the ongoing voter 
registration process (reported reftel), but discussion was 
also devoted to the election law initiative. 
 
2. (SBU) The election law project has been high on the agenda 
for senior GDRC officials and CIAT members for some time. 
The last meeting of the Mixed Commission for Essential 
Legislation in July, involving CIAT Ambassadors and the 
Parliamentary leadership, built on previous discussions to 
outline a proposed course of action.  A draft text for the 
law has already been prepared by a team of Congolese and 
international experts.  This draft includes some alternative 
policy options, in particular for the politically sensitive 
issue of future parliamentary representation, focused on 
potential proportional vs. first-past-the-post majority 
representation or some mix of the two, and control of 
nomination lists.  The next step is for the executive branch 
of the Transition Government to prepare a proposed final 
draft to be presented to the parliament. 
 
3. (C) In the August 15 meeting, Vice President Ruberwa 
reported that he plans to convene the Transition Government 
Political Committee this week to review the current draft 
language and push forward the government,s work to prepare a 
final draft.  That draft, to be produced at a working level 
within the Interior Ministry, will be presented to the 
Council of Ministers for approval prior to formal submission 
to the Parliament.  There was broad agreement in the August 
15 meeting on the necessity of convening a special September 
session of the Parliament for the purpose of reviewing the 
draft law and reaching agreement on a final approved text. 
(Note: The next scheduled Parliamentary session is for 
October, a session that is in theory to review and approve a 
2006 budget.  End note.)  A formal vote to adopt the election 
law, however, legally cannot be held prior to approval of the 
DRC,s new Constitution in a referendum scheduled for late 
November.  The idea is to have the draft law approved and 
ready, so that a rapid pro-forma Parliamentary adoption vote 
can be held immediately following referendum endorsement of 
the new Constitution.  While the formal adoption vote cannot 
be held immediately, it is important to have the conditions 
of the elections and the system of parliamentary 
representation specified, to enable other election 
preparatory work to go forward on a timely basis, and to 
allow political parties to organize their own election and 
campaign strategies. 
 
4. (C) The Ambassador has a meeting scheduled with Vice 
President Ruberwa for August 17, and will followup regarding 
the status of the needed Political Committee meeting, and 
again reiterate the need for timely action. 
 
5. (C) Comment:  The representation formula and control of 
the nomination lists are  highly sensitive subjects with 
broad implications for the future elected government.  There 
is widespread agreement among Congolese and international 
experts that at least some form of proportional 
representation must be included in the future National 
Assembly, for example, to ensure adequate participation in 
the future government by members of the DRC,s highly diverse 
ethnic, regional, and political groups.  At the same time, it 
is also well recognized that the large majority of Congolese 
are focused on voting for individuals rather than for 
political parties per se, a tendency that will likely be 
magnified in selections for parliamentary and local 
representatives from local districts.  Control of the 
nomination lists is key as well, potentially handing a 
powerful tool to senior party chiefs.  It will be important 
to keep DRC political leaders in all parties focused on the 
need for timely agreement on these sensitive topics - with of 
course major implications for the potential future job 
prospects for the members of Parliament themselves.  Most of 
the rest of the voluminous election law draft is highly 
technical in nature. End comment. 
 
 
MEECE