Congo (Brazzaville)
- 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: Electoral constituencies are delimited by decree for electoral purposes.
Source: Election law of 2001, art. 54 http://www.congo-site.net/v4x/instit/home.php
Last updated: 2007-10-30 12:58:26 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 09:25:46 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
b. Optional referendum
Comments: C:4 "(1) National Sovereignty shall belong to the people who exercise it by way of referendum and by representatives elected by universal suffrage." C:79 "(1) The President of the Republic can, upon the initiative of the Government during its sessions or upon the initiative of the National Assembly published in the Official Journal, submit to referendum any bill or proposition of law effecting areas susceptible to have great consequences upon the functioning of institutions or on society. (2) When the referendum has ended in the adoption of the bill or proposition, the President of the Republic shall promulgate it within the time limit prescribed in the previous article." C:101 "(1) The Parliament shall have the legislative initiative and alone pass the law. It shall establish taxes and pass the budget of the State and control its execution. It shall be obligated with this task at the opening of the Oct session. (2) It shall have the initiative of legislative and constitutional referendums." C:145 "The Constitutional Council shall ensure the regularity of the operations of referendum and proclaim their results." C:172 "[...] (3) No cession, exchange, or addition of territory shall be valid without the consent of the Congolese people called to pronounce by way of referendum." C:178 "[...] (3) The bill or proposition of amendment of the Constitution shall be passed by the two Houses convened in Congress by a two thirds majority. The amendment shall be definitive after having been approved by referendum." C:181 "(1) The present Constitution which abrogates any of the provisions previously contrary, shall be submitted to the approval of the people by way of referendum, published in the Official Journal as the supreme law of the Republic."
Source: The 1992 Constitution of the Congo, articles 4, 79, 101, 145, 172, 178, and 181
Last updated: 2006-11-28 12:29:05 UTC
DD03 What is the legal basis for mandatory referendums at the national level?
a. Constitutional
Comments: C:172 "[...] (3) No cession, exchange, or addition of territory shall be valid without the consent of the Congolese people called to pronounce by way of referendum." C:178 "[...] (3) The bill or proposition of amendment of the Constitution shall be passed by the two Houses convened in Congress by a two thirds majority. The amendment shall be definitive after having been approved by referendum." C:181 "(1) The present Constitution which abrogates any of the provisions previously contrary, shall be submitted to the approval of the people by way of referendum, published in the Official Journal as the supreme law of the Republic."
Source: The 1992 Constitution of the Congo, articles 172, 178 and 181
Last updated: 2006-11-28 12:29:05 UTC
DD04 What is the legal basis for optional referendums at the national level?
a. Constitutional
Comments: C:79 "(1) The President of the Republic can, upon the initiative of the Government during its sessions or upon the initiative of the National Assembly published in the Official Journal, submit to referendum any bill or proposition of law effecting areas susceptible to have great consequences upon the functioning of institutions or on society."
Source: The 1992 Constitution of the Congo, article 79(1)
Last updated: 2006-11-28 09:57:02 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
Comments: C:172 "[...] (3) No cession, exchange, or addition of territory shall be valid without the consent of the Congolese people called to pronounce by way of referendum." C:178 "[...] (3) The bill or proposition of amendment of the Constitution shall be passed by the two Houses convened in Congress by a two thirds majority. The amendment shall be definitive after having been approved by referendum." C:181 "(1) The present Constitution which abrogates any of the provisions previously contrary, shall be submitted to the approval of the people by way of referendum, published in the Official Journal as the supreme law of the Republic."
Source: The 1992 Constitution of the Congo, articles 172, 178 and 181
Last updated: 2006-11-28 12:29:05 UTC
DD28 What are the issues, if any, in relation to which referendums are optional at the national level?
j. Other (specify)
Comments: j) Matters of national interest, except the issues in relation to which referendum is mandatory. C:79 "(1) The President of the Republic can, upon the initiative of the Government during its sessions or upon the initiative of the National Assembly published in the Official Journal, submit to referendum any bill or proposition of law effecting areas susceptible to have great consequences upon the functioning of institutions or on society."
Source: The 1992 Constitution of the Congo, article 79(1)
Last updated: 2006-11-28 12:29:05 UTC
DD31 Who can initiate a referendum at the national level?
a. Government
c. President
d. Legislative majority
Comments: C:79 "(1) The President of the Republic can, upon the initiative of the Government during its sessions or upon the initiative of the National Assembly published in the Official Journal, submit to referendum any bill or proposition of law effecting areas susceptible to have great consequences upon the functioning of institutions or on society. (2) When the referendum has ended in the adoption of the bill or proposition, the President of the Republic shall promulgate it within the time limit prescribed in the previous article." C:101 "(1) The Parliament shall have the legislative initiative and alone pass the law. It shall establish taxes and pass the budget of the State and control its execution. It shall be obligated with this task at the opening of the Oct session. (2) It shall have the initiative of legislative and constitutional referendums."
Source: The 1992 Constitution of the Congo, articles 79 and 101
Last updated: 2006-11-28 12:29:05 UTC
Electoral Management
EM01 Please provide the following contact information for the national electoral management body:
a. Name of Institution National Commission for the Organization of Elections
b. Full Address POBoX: 1156 Brazzaville
c. Telephone +242 6668508
d. Facsimile N/A
e. Email comeg_congo@yahoo.fr
f. Website Address N/A
g. Name and Title of Chairperson/President Henri Bouka
i. Official language of the electoral law governing national elections French
Comments: The administration of elections is the task of two different institutions with different roles; the Ministry of the Interior and the National Commission for the Organization of Elections.
Last updated: 2007-10-30 13:21:48 UTC
EM02 Does this national electoral body have the responsibility for elections at:
a. National level
b. Regional level
c. Local level
Source: Elections law november 2001, Art. 1, 2; http://www.congo-site.net/v4x/instit/home.php
Last updated: 2007-10-30 13:21:48 UTC
EM04 The budget of the national electoral management body is determined by:
d. A national government department
Source: Elections law november 2001, Art. 15; http://www.congo-site.net/v4x/instit/home.php
Last updated: 2007-10-30 13:21:48 UTC
EM05 The expenditures of the national electoral management body are controlled by:
d. A national government department
Source: Elections law november 2001, Art. 15; http://www.congo-site.net/v4x/instit/home.php
Last updated: 2007-10-30 13:21:48 UTC
EM06 The term of the members of the national electoral management body is:
c. For an unspecified period
Comments: c) Applies to the National Commission for the Organization of Elections
Source: International IDEA (2006) "Election Management Design"
Last updated: 2007-02-09 09:16:10 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: 2007-02-09 09:16:10 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: 2007-02-09 09:16:10 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: The Head of State is selected for seven years term for once renewable mandate.
Source: Art.57, 59 the 29 th of November 2001 Constitution. http://www.congo-site.net/v4x/instit/home.php
Last updated: 2007-10-30 13:33:04 UTC
ES02 How is the Head of Government selected?
f. Other
Comments: The Head of State is automatically Head of Government.
Source: Art.56,the 29 th of November 2001 Constitution. http://www.congo-site.net/v4x/instit/home.php
Last updated: 2007-10-30 13:33:04 UTC
ES03 Does the country have a president?
a. Yes
Comments: 1997, President Denis Sassou Ngouesso took power by coup and in 2002 he was directly elected in general elections as president
Source: Wikipédia
Last updated: 2007-10-30 10:06:50 UTC
ES04 The national legislature consists of (one/two chambers):
b. Two chambers
Source: Art. 89, the 29 th of November 2001 Constitution. http://www.congo-site.net/v4x/instit/home.php
Last updated: 2007-10-30 13:33:04 UTC
ES05 What is the electoral system for Chamber 1 of the national legislature?
a. Plurality (FPTP)
Comments: 137 members of parliement are directly elected in general election.
Source: Art.90, the 29 th of November 2001 Constitution. http://www.congo-site.net/v4x/instit/home.php
Last updated: 2007-10-30 13:33:04 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: 2007-10-30 09:57:11 UTC
Legislative Framework
LF01 What is the status of the electoral law governing national elections?
a. Part of Constitution
b. Separate legislation
c. Decree
Source: EU election observation mission, 2002: http://ec.europa.eu/comm/external_relations/human_rights/eu_election_ass_observ/congobraz/rapp02.pdf
Last updated: 2007-10-30 13:24:41 UTC
LF03 The national electoral law covers:
a. National elections
b. Regional elections
c. Local elections
d. Referendums
Source: Election law of 2001, art. 2 http://www.congo-site.net/v4x/instit/home.php
Last updated: 2007-10-30 13:24:41 UTC
LF04 Is voting on the national level voluntary or compulsory?
a. Voting is voluntary
Source: International IDEA Voter Turnout Website (http://www.idea.int/vt/) Election law of 24 th of November 2001, art.4 http://www.congo-site.net/v4x/instit/home.php
Last updated: 2007-10-30 13:24:41 UTC
Media and Elections
ME01 Please provide information about the person completing the questionnaire.
Last updated: 2007-02-09 10:47:14 UTC
ME11 What laws, if any, guarantee freedom of access to public information for representatives of the media?
Last updated: 2007-02-09 10:47:14 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: 2007-02-09 10:47:14 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: 2007-02-09 10:47:14 UTC
ME19 What are the laws, if any, which govern the granting of broadcasting licenses/frequencies to private broadcasters?
Last updated: 2007-02-09 10:47:14 UTC
ME22 What are the legal conditions, if any, under which the activities of a media outlet may be suspended?
Last updated: 2007-02-09 10:47:14 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: EU election observation mission, 2002: http://ec.europa.eu/comm/external_relations/human_rights/eu_election_ass_observ/congobraz/rapp02.pdf
Last updated: 2007-10-30 10:58:22 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: EU election observation mission, 2002: http://ec.europa.eu/comm/external_relations/human_rights/eu_election_ass_observ/congobraz/rapp02.pdf
Last updated: 2007-10-30 10:58:22 UTC
ME55 What, if any, is the maximum amount that a presidential candidate is permitted to spend on paid advertising?
Last updated: 2007-02-09 10:47:14 UTC
ME56 What are the laws, if any, which govern the disclosure of campaign advertising expenditures by political parties and candidates?
Last updated: 2007-02-09 10:47:14 UTC
ME57 What, if any, is the maximum amount that a media outlet can charge parties/candidates for advertising during the campaign?
Last updated: 2007-02-09 10:47:14 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: 2007-02-09 10:47:14 UTC
ME59 Are televised debates between candidates or party representatives normally conducted?
c. No
Comments: According to the EU observers, there was no televised debate on actual politics in the run-up to the 2002 presidential elections.
Source: EU election observation mission, 2002: http://ec.europa.eu/comm/external_relations/human_rights/eu_election_ass_observ/congobraz/rapp02.pdf
Last updated: 2007-10-30 10:58:22 UTC
Parties and Candidates
PC01 What are the registration requirements for political parties running for national elections (Chamber 1)?
b. Deposit requirement (specify amount)
e. Minimum number of candidates
Comments: A no reimbursement deposit of 100.000 FCFA is required for political parties running for national elections
Source: Election law of 2001, art. 62, 70 http://www.congo-site.net/v4x/instit/home.php
Last updated: 2007-10-30 12:27:13 UTC
PC02 What are the registration requirements for political parties running for national elections (Chamber 2)?
b. Deposit requirement (specify amount)
e. Minimum number of candidates
Comments: A no reimbursement deposit of 100.000 FCFA is required for political parties running for national elections
Source: Election law of 2001, art. 62, 70, 78; http://www.congo-site.net/v4x/instit/home.php
Last updated: 2007-10-30 12:27:13 UTC
PC03 What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
a. Age
b. Citizenship
d. Residence
g. Nationality group
Comments: a) 25 years. d) Reside in the country when presenting the candidature. Except for those working abroad at embassies or consulates, and those sent by the state to occupy posts abroad.
Source: Election law of 2001, art. 55 http://www.congo-site.net/v4x/instit/home.php
Last updated: 2007-10-30 12:27:13 UTC
PC04 What are the legal qualifications to become a candidate at legislative elections (Chamber 2)?
a. Age
b. Citizenship
d. Residence
g. Nationality group
Comments: a) 45 years.
Source: Election law of 2001, art. 55, 75; http://www.congo-site.net/v4x/instit/home.php
Last updated: 2007-10-30 12:27:13 UTC
PC08 Can independent candidates compete in presidential or legislative elections?
b. In presidential elections
c. In legislative elections (Chamber 1)
d. In legislative elections (Chamber 2)
e. In both presidential and legislative elections
Source: Election law of 2001, art. 62, 71; http://www.congo-site.net/v4x/instit/home.php
Last updated: 2007-10-30 12:27:13 UTC
Vote Counting
VC04 Following the close of the voting, where are the votes first sorted and counted?
a. At the polling stations
Comments: a) Counting is performed either in the polling station or in the polling centre.
Source: Election law, art. 97 http://www.congo-site.net/v4x/instit/home.php
Last updated: 2007-10-30 12:28:43 UTC
Voting Operations
VO04 Who can vote from outside the country?
b. Citizens residing outside the country
e. Students
f. Diplomatic staff
Source: Elections law of the 24 th of November 2001, Art. 6; http://www.congo-site.net/v4x/instit/home.php
Last updated: 2007-10-30 12:34:46 UTC
VO05 If voting outside the country is permitted, at what places?
a. Embassies
b. Consulates
Source: Elections law of the 24 th of November 2001, Art. 6; http://www.congo-site.net/v4x/instit/home.php
Last updated: 2007-10-30 12:34:46 UTC
VO10 Is there a maximum allowable voter capacity of a polling station for the national elections?
a. Yes, the maximum capacity is: 1000
Last updated: 2007-10-30 12:31:02 UTC
VO11 How do electors cast their votes?
g. Other
Comments: g) There is one ballot for each candidate. The voter chooses a ballot and puts it into an envelope.
Source: Election law of 2001, art. 93 http://www.congo-site.net/v4x/instit/home.php
Last updated: 2007-10-30 12:34:46 UTC
Voter Registration
VR01 What is the legal voting age in the national elections?
c. 18
Comments: 18 years
Source: Election law of 2001, art. 5 http://www.congo-site.net/v4x/instit/home.php
Last updated: 2007-10-30 12:43:47 UTC
VR02 Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
a. Citizenship
d. Naturalization
Source: Election law of 2001, art. 6, 8; http://www.congo-site.net/v4x/instit/home.php
Last updated: 2007-10-30 12:43:47 UTC
VR04 Which is the authority responsible for the registration of voters for national elections?
a. Central Government Department (specify)
Comments: a) The Elections Department of the Ministry of Interior. The National Commission for the Organization of Elections verifies that the lists are correct.
Source: Election law of 2001, art. 16, 17
Last updated: 2007-02-09 09:38:54 UTC
May 20, 2008 07:18 AM
