Congo, The Democratic Republic of the
- Boundary Delimitation
- Direct Democracy
- Electoral Management
- Electoral Systems
- Legislative Framework
- Media and Elections
- Parties and Candidates
- Vote Counting
- Voter Education
- Voting Operations
- Voter Registration
Boundary Delimitation
BD01 Are constituencies delimited for election purposes?
a. Yes
Comments: - The all country for the President. - Terrotories and town for for member of the National Assembly and Provincial deputies. - Provinces for the senator - Commune for Urban advicers and city advicers - Sector for villages (grouping, locality) advicers
Source: Electoral law of February 2006, Articles 100,115,143,174,190,207 http://www.eisa.org.za/PDF/eu200601rdc.pdf
Last updated: 2007-09-26 15:20:35 UTC
BD03 On what criteria are the boundaries drawn?
a. "Equality" of population
e. Geographic size of district
Comments: Voting districts are principally determined on the basis of geographical size and number of eligible voters.
Source: Electoral law of February 2006, Appendix http://www.eisa.org.za/PDF/eu200601rdc.pdf
Last updated: 2007-09-26 15:20:35 UTC
Direct Democracy
DD01 Please provide information about the person completing the questionnaire.
a. Name and Title: Hanna Berheim
b. Job Title: Research Assistant
c. Organisation: International IDEA
Last updated: 2006-11-28 12:56:02 UTC
DD02 Which forms of direct democracy, if any, are currently possible at the national level?
Please check the glossary for the definition of the following terms:
a. Mandatory referendum
Source: The 2006 Constitution of the Democratic Republic of Congo, articles 2, 5, 161, 211, 214, 218 and 229
Last updated: 2006-11-28 12:53:08 UTC
DD03 What is the legal basis for mandatory referendums at the national level?
a. Constitutional
Source: The 2006 Constitution of the Democratic Republic of Congo, articles 214 and 218
Last updated: 2006-11-28 12:55:32 UTC
DD27 What are the issues, if any, in relation to which referendums are mandatory at the national level?
a. Constitutional amendments
d. National sovereignity, national self-determination
f. Devolution
Source: The 2006 Constitution of the Democratic Republic of Congo, articles 214 and 218
Last updated: 2006-11-28 13:06:10 UTC
Electoral Management
EM01 Please provide the following contact information for the national electoral management body:
a. Name of Institution Commission Électoral Independant
b. Full Address 4471, Immeuble ex. BCCE, Bvd du 30 Juin
c. Telephone 00 243 81 81 10 613
d. Facsimile 0017755996606
e. Email info@cei-rdc.cd
f. Website Address http://www.cei-rdc.cd/
g. Name and Title of Chairperson/President Apollinaire MUHOLONGU MALU MALU
i. Official language of the electoral law governing national elections French
Source: http://www.cei-rdc.cd/
Last updated: 2007-09-26 12:08:03 UTC
EM02 Does this national electoral body have the responsibility for elections at:
a. National level
b. Regional level
c. Local level
Source: Chapter 1, article 2, Electoral law of February 2006
Last updated: 2006-11-28 14:27:18 UTC
EM04 The budget of the national electoral management body is determined by:
g. Other
Comments: CEI/CENI (Commission Electorale Indépendante)
Source: CEI/CENI
Last updated: 2007-09-26 12:21:43 UTC
EM05 The expenditures of the national electoral management body are controlled by:
g. Other
Comments: CEI and Donors
Source: June 05th 2004 Organic law related to the CEI functioning Articles 20,21
Last updated: 2007-09-26 12:44:48 UTC
EM06 The term of the members of the national electoral management body is:
d. Other
Comments: d) The term of the Independant Electoral Commission (CEI) expires with the transition (Law No 04/009, Article 8, 11)coinciding with the National Independent Electoral Commission (CENI)
Source: June 05th 2004 Organic law related to the CEI functioning http://www.eisa.org.za/WEP/drcec.htm
Last updated: 2007-09-26 12:44:48 UTC
EM08 According to official sources, what was the estimated overall cost (in US dollars if available) of the most recent national elections?
Last updated: 2007-09-26 12:03:23 UTC
EM09 What was the total number of registered voters or, where there was no voter roll, the estimated number of eligible voters?
Last updated: 2007-09-26 12:03:23 UTC
Electoral Systems
ES01 How is the Head of State selected?
c. Directly elected in general elections (absolute majority with 2nd round if necessary)
Comments: Head of State is directly elected in general elections (absolute majority with 2nd round if necessary).
Source: Constitution :Title III, Chapter I, Articles 70,71 Electoral law :Title III, Chapter I, Article 101
Last updated: 2007-10-11 14:09:15 UTC
ES02 How is the Head of Government selected?
e. Appointed
Comments: The Head of Government(Prime Minister) is appointed by the President within the parliamentarian majority
Source: Constitution :Title III, Chapter I, Articles 78
Last updated: 2007-10-11 14:06:40 UTC
ES03 Does the country have a president?
a. Yes
Comments: Joseph Kabila actual President was elected for 5 years as President.
Source: http://www.cei-rdc.cd/synthese/resultats/resultnat.pdf
Last updated: 2007-09-26 11:10:30 UTC
ES04 The national legislature consists of (one/two chambers):
b. Two chambers
Comments: The national legislature consists of two chambers : National Assembly (500 members) and Senate(108 members) all elected for 5 years term.
Source: Constitution :Title III, Chapter I, Articles 100
Last updated: 2007-10-11 14:06:11 UTC
ES05 What is the electoral system for Chamber 1 of the national legislature?
j. Other
Comments: The members of Parliament are directly and secretly elected in general elections for 5 years term. Candidates are presented by political parties or political groups. They can also be presented as independent.
Source: Constitution :Title III, Chapter I, Articles 101,103
Last updated: 2007-10-11 14:06:11 UTC
ES11 If special constituencies or seats are reserved in Chamber 1, specify which interest groups, and the proportion of total seats reserved for:
Last updated: 2007-09-26 11:00:49 UTC
Legislative Framework
LF01 What is the status of the electoral law governing national elections?
a. Part of Constitution
b. Separate legislation
Comments: The February 18th Constitution: Article and the March 09th Electoral law.
Source: Constitution article 5, 72, 102 and 106. Electoral law of February 2006
Last updated: 2007-09-26 12:00:19 UTC
LF03 The national electoral law covers:
a. National elections
b. Regional elections
c. Local elections
e. Other
Comments: e) Presidential elections
Source: Chapter 1, Article 1, Electoral law of February 2006
Last updated: 2006-11-28 13:34:37 UTC
LF04 Is voting on the national level voluntary or compulsory?
a. Voting is voluntary
Comments: a) Voting is voluntary but according to the Electoral Law, voting is a civil right and a duty of all citizens entitled to vote.
Source: Electoral Law, article 4; International IDEA Voter Turnout Website (http://www.idea.int/vt/)
Last updated: 2006-11-23 10:29:01 UTC
LF07 What are the agency(ies) responsible for first level of formal electoral disputes?
a. Judiciary
Comments: The following bodies of the judiciary handles electoral disputes: - The Supreme Court of Justice for Presidential and General elections, - The Court of Appeal for provincial elections, - The High Court for urban and municipal elections, - The Magistrate Court for local elections.
Source: Chapter 8, article 74, Electoral law of February 2006
Last updated: 2007-09-26 12:00:19 UTC
Media and Elections
ME01 Please provide information about the person completing the questionnaire.
Last updated: 2007-02-15 16:04:59 UTC
ME11 What laws, if any, guarantee freedom of access to public information for representatives of the media?
Last updated: 2007-02-15 16:04:59 UTC
ME13 What are the laws, if any, which govern the operations of the public broadcaster?
Specify the date of the latest version (including latest amendments)
Last updated: 2007-02-15 16:04:59 UTC
ME18 What are the laws, if any, that provide for the safeguards for editorial autonomy in relation to the public broadcaster(s)?
Last updated: 2007-02-15 16:04:59 UTC
ME19 What are the laws, if any, which govern the granting of broadcasting licenses/frequencies to private broadcasters?
Last updated: 2007-02-15 16:04:59 UTC
ME22 What are the legal conditions, if any, under which the activities of a media outlet may be suspended?
Last updated: 2007-02-15 16:04:59 UTC
ME37 What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
a. Equal regardless of size of party and previous performance
Source: Electoral law, art. 111
Last updated: 2007-02-15 16:04:59 UTC
ME38 What, if any, is the maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
b. The law does not specify any limits on paid advertising X
Comments: The law does not specify any limits on paid advertising
Source: Electoral law
Last updated: 2007-02-15 16:04:59 UTC
ME55 What, if any, is the maximum amount that a presidential candidate is permitted to spend on paid advertising?
Last updated: 2007-02-15 16:04:59 UTC
ME56 What are the laws, if any, which govern the disclosure of campaign advertising expenditures by political parties and candidates?
Last updated: 2007-02-15 16:04:59 UTC
ME57 What, if any, is the maximum amount that a media outlet can charge parties/candidates for advertising during the campaign?
Last updated: 2007-02-15 16:04:59 UTC
ME58 How does this maximum amount (identified in question C.15.1) affect the political participation of smaller or newly formed parties?
Last updated: 2007-02-15 16:04:59 UTC
ME59 Are televised debates between candidates or party representatives normally conducted?
a. Yes, in presidential elections
Source: Title III, chapter I, article 112, Electoral law of February 2006
Last updated: 2007-09-26 16:17:43 UTC
ME60 What legal requirements, if any, regulate the participation of candidates or party representatives in media debates?
Last updated: 2007-02-15 16:04:59 UTC
ME62 What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
g. Not applicable
Comments: g. The blackout period is fixed by the Independent Electorale Commission ( CEI).
Source: chapter VII, article 71, Electoral law of February 2006
Last updated: 2007-09-26 16:25:46 UTC
Parties and Candidates
PC01 What are the registration requirements for political parties running for national elections (Chamber 1)?
b. Deposit requirement (specify amount)
f. Other
Comments: b) 110 000 francs congolais. f) - Names of two substitues must be submitted. - A letter of consent, according to the National Electoral Commission's specifications, signed by the candidate - A detailed Curriculum Vitae. - Four photographs - The symbol or logotype of the political party. The candidate shall also send: - A photocopy of the candidate's voter card. - A birth certificate. - A letter of support to the canditate from hers/his political party/movement.
Source: Article 121, Electoral Law of February 2006
Last updated: 2007-09-26 15:51:13 UTC
PC03 What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
a. Age
b. Citizenship
f. Registration
j. Other
Comments: j)- To be in full disposal of one's civic and political rights. - To be Congolese by nationality
Source: Article 120, Electoral Law of February 2006
Last updated: 2007-09-26 15:51:13 UTC
PC04 What are the legal qualifications to become a candidate at legislative elections (Chamber 2)?
a. Age
b. Citizenship
f. Registration
j. Other
Comments: j)- To be in full disposal of one's civic and political rights. - To be Congolese by nationality
Source: Article 131, Electoral Law of February 2006
Last updated: 2007-09-26 15:51:13 UTC
PC08 Can independent candidates compete in presidential or legislative elections?
e. In both presidential and legislative elections
Source: Article 12, Electoral Law of February 2006
Last updated: 2006-11-28 10:44:56 UTC
PC12 Do political parties receive direct/indirect public funding?
a. No
Comments: a.- There are no public funding of political parties in the Democratic Republic of Congo. However, there are provisions for public funding of political parties in Law No 04/002 of 15 March 2004. This is optional as the state does not consider it a state responsibility. - There is a law project under discussion in the Parliement related to polical parties funding
Source: CEI/CENI http://www.eisa.org.za/WEP/drc4.htm#fn13
Last updated: 2007-09-26 15:51:13 UTC
PC15 What is the basis of the public funding?
f. Not applicable
Comments: There are no public funding of political parties in the Democratic Republic of Congo. However, there are provisions for public funding of political parties in Law No 04/002 of 15 March 2004. This is optional as the state does not consider it a state responsibility.
Source: http://www.eisa.org.za/WEP/drc4.htm#fn13
Last updated: 2006-11-28 12:28:26 UTC
Vote Counting
VC04 Following the close of the voting, where are the votes first sorted and counted?
a. At the polling stations
Source: chapter 6, section 3, article 62-63, Electoral law of February 2006
Last updated: 2006-11-28 13:59:52 UTC
VC11 Under what conditions are ballots recounted?
e. Court order
Source: chapter 8, article 75, Electoral law of February 2006
Last updated: 2007-09-26 16:09:22 UTC
Voter Education
VE01 Who conducts voter education and information campaigns at the national elections (informing where, when and how to register and vote)?
a. National Electoral Management Body
g. NGOs/ Civic Organizations
j. Religious Institutions
k. Other
Comments: a) The Independant Electoral Commission is tasked with voter education but lacks the resources to do so effectively. g) Civil society bodies undertake voter training but lack the resources to reach the rural areas. k) MONUC (UN Mission in DR Congo)
Source: CEI/CENI http://www.eisa.org.za/PDF/eu200601rdc.pdf
Last updated: 2007-09-26 13:35:11 UTC
VE02 At the national level, how often are voter education programs conducted?
b. Election time only
Source: CEI/CeNI
Last updated: 2007-09-26 13:32:51 UTC
VE03 Is there a national civic education campaign (rights and responsibilities of citizens)?
b. Yes, conducted by the National Electoral Management Body
h. Yes, conducted by NGOs/ Civic Organizations
i. Yes, conducted by Political Parties/ Candidates
j. Yes, conducted by the Media
k. Yes, conducted by Religious Institutions
Last updated: 2007-09-26 13:35:11 UTC
Voting Operations
VO03 Where can electors vote?
a. At a specified polling station in the locality where they are registered at national elections
Last updated: 2007-09-26 13:59:39 UTC
VO04 Who can vote from outside the country?
a. Outside the country voting is not permitted
Source: Election law, art. 5, 7
Last updated: 2007-02-15 15:56:04 UTC
VO05 If voting outside the country is permitted, at what places?
g. Not applicable
Source: Election law, art. 5, 7
Last updated: 2007-02-15 15:56:04 UTC
VO10 Is there a maximum allowable voter capacity of a polling station for the national elections?
Last updated: 2007-02-15 15:56:04 UTC
VO11 How do electors cast their votes?
a. By manually marking the ballot
Source: Election Law, art. 57
Last updated: 2007-02-15 15:56:04 UTC
Voter Registration
VR01 What is the legal voting age in the national elections?
c. 18
Comments: a) 18 years
Source: Chapter 1, article 4, Electoral law of February 2006
Last updated: 2007-09-26 13:42:03 UTC
VR02 Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
a. Citizenship
e. Other
Comments: e) Under the following conditions, a person is not permitted to vote: - Congolese nationals living abroad physically absent from the country during the registration process. - Congolese nationals currently serving in the military or police forces. - People with medically proven mental incapacity. - People deprived of civic or political rights as result of legal ruling.
Source: Chapter 1, article 5 and 7, Electoral law of February 2006
Last updated: 2007-09-26 13:50:56 UTC
VR04 Which is the authority responsible for the registration of voters for national elections?
d. Election Management Body (specify)
Comments: d) La Commission Électorale Indépendante (CEI)/ Commission Nationale Electorale Indépendante (CENI)
Source: Title V, Chapter I, Article 211 Chapter 1, article 2, Electoral law of February 2006
Last updated: 2007-09-26 13:50:56 UTC
20/05/2008 07:18
