ANB-BIA SUPPLEMENT

ISSUE/EDITION Nr 428 - 15/02/2002

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Congo-Brazzaville
The Referendum took place, but...
 


ELECTIONS


Congo-Brazza has been experiencing a number of elections. Democracy is gradually becoming the order of the day once again

Democracy has sadly been lacking in Congo-Brazza for a number of years because of civil wars, but now, with the 20 January 2002 constitutional referendum, the signal’s been given for the «off». True, there’s been a number of hiccups, but all in all, this first trial-run by the transition government gives rise to hope and optimism.

Congo-Brazza’s population is about 3 million. 1,645,635 people were eligible to vote. The actual percentage who voted was 77.98% of registered voters; of these, 84.26% voted «yes». On 23 January, the results were published by the Minister of the Interior, Pierre Oba, but still have to confirmed by the Constitutional Court which is awaiting any appeal by the Opposition against the voting procedure. In fact, the Opposition have already called for the poll’s cancellation because of irregularities and electoral fraud. Which perhaps all goes to show the signs of immaturity vis à vis the democratic process by some of Congo’s politicians. This has resulted in the past in the various civil wars which have bedeviled the country.

The Referendum

Some of the Opposition, both at home and abroad, called for a referendum boycott. In spite of this, there was a massive turn-out on polling day. Unfortunately, the actual voting was marked by a number of irregularities at the polling stations. Some people whose names appeared on the electoral rolls, didn’t have voting cards; others, having received voting cards, didn’t have their names on the electoral rolls. The National Electoral Commission (CONEL) had then to contact the returning officers to ensure that voters whose papers were not completely in order through no fault of their own, could vote if they had some means of identification. The CONEL will have to make certain that future elections are better organised.

Why the controversy

One opposition member is categoric: «We call into question the election results published by the Interior Minister». As was expected, the referendum did not achieve unanimity among those actively involved in Congo’s political life.

The government was convinced that in holding a constitutional referendum, it had taken a risk and won, especially when the country is still in a post-war situation. It showed the government was serious in wanting to once again, set off along the road to democracy, by creating an atmosphere whereby the people have the right to express, calmly and quietly, their point of view. Surely a step forward for Congo-Brazza’s government!

Sassou Nguesso is convinced that from now on, Congo’s citizens can live governed by a law which provides clear guidelines for the future. In a speech given the day before the referendum, he said: «This law will solemnly guarantee the rights and freedoms to be enjoyed by every Congolese citizen. This law guarantees equal opportunities for every citizen; enshrines the equality of every man and woman; ensures the protection of children and the elderly. It’s clear that our people want to live as free and equal citizens in a country at peace. This has been made clear by all our citizens. And this is the choice we made from 15 October 1997 onwards, and which we repeated during the National Forum for Peace, as well as during the National Dialogue».

Sassou Nguesso launched an urgent appeal to all his fellow countrymen/women wherever they may be, to henceforth think of themselves as a «Nation». He wonders: «Do you really want to give credence to those who, having destroyed everything in their own country, have chosen to live in the smart districts of Paris or London; threatening once again to set our country ablaze again — a country we’re doing our best to rescue from its ruins?»

Nguesso invites his fellow citizens to do everything possible to «cool down» the atmosphere during the period of elections. «An election period isn’t a high-powered drama. Let’s look at is as a football match when people in the same family support different teams. And from the terraces they can even support players on opposing sides — maybe their team will win, maybe it’ll lose. But when the family gets back home, there may be hot discussions over the match, but family life continues».

Following the referendum, there were a number of reactions from political leaders, non-governmental organisations (NGO)s and human rights organisations. The Human Rights Association (CDHD), an NGO grouping Congo’s various human rights organisations, was furious, describing the poll as a «constitutional holdup». In a declaration published on 21 January 2002, just one day after the vote, the CDHD underlined: «The referendum which has just taken place makes it clear there’s been nothing short of a constitutional and electoral holdup. Serious irregularities took place which proves to one and all that our political masters in Brazzaville have done their utmost to ensure they get the kind of Constitution they want. The CDHD also condemned the European Union’s passive attitude, (not far short of being partners to) Congo’s constitutional and electoral holdup.»

However, not everyone agrees with the CDHD‘s point of view, let alone its attitude. Some people describe themselves as being very disappointed by the political nature of the quarrels besetting the country. One student put it this way: «We don’t want any more violence in our country. We want peace. Nothing but peace. Most Congolese have lost their nearest and dearest. They’re still trying to come to terms with this. To bring back again what could turn out to be a war-orientated situation, is to return Congo to ruin. In any case, we say “no” to war».

Opposition boycott

Congo’s Opposition is not happy with the way in which the government has gone about organising general elections. There’s been numerous declarations on this subject. Bernard Kolélas used to be Brazzaville’s mayor under the former government. On 24 January, from his place of exile in South Africa, he asserted in a programme broadcast by Radio France Internationale, that the elections were «nothing more than a charade — in no way can they be described as expressing the will of the people. Most voters didn’t turn out to vote on 20 January. The reality is there for all to see. A constitutional and institutional coup d’etat took place, organised by the present government». Kolélas’ last remarks were quickly rebuffed by the Interior Minister, Pierre Oba. He says the referendum was fair, free and transparent. «Our opponents are only happy when they lie. There hasn’t been a coup d’etat».

Sathurnin Okabé is leader of the opposition group, the Rally for Democracy and Development. In a declaration issued on 4 January 2002, he called on his supporters to boycott the referendum, plus the other elections which will take place in Congo. Okabé reproached the government for not having taken into account their complaints concerning, among other things, the pre-election census, the revision of the electoral register, and the participation of the Opposition throughout the electoral process. Such opposition groupings, with Okabé as their spokesperson, described the National Electoral Commission as an administrative department of the Interior Ministry, not offering any guarantee of transparency and legality. «More than 90% of the CONEL‘s members are connected with the government. And the opposition grouping are convinced that everything was set up by the government so that the majority “no” votes in the ballot boxes should be skilfully transformed into fraudulent “yes” votes».

Martin Mbéri used to be Minister for Land Reform in the present government and was a close colleague of former president Pascal Lissouba. A few months ago, he posed the following question: «How is it that the powers-that-be in Brazzaville turned their backs on the 15 March 1992 Constitution — a Constitution which was voted-in by 82% of Congolese? It would be far better to renew this older Constitution, while, at the same time, altering those articles which are being challenged. The present Constitution does not guarantee the people’s interests. By voting-in this Constitution, you risk to make kings of our leaders».

The new Constitution differs, inter alia, from that of 1992 by its Article 57, which stipulates that the President of the Republic is elected for seven years instead of five. It also envisages a presidential mode of government. The President of the Republic exerts the right of reprieve. He appoints ministers who are responsible only to him. He can dismiss them and he decides by decree what they’ve got to do. He can also delegate part of his power to a minister. The President of the Republic cannot dissolve the National Assembly; in the same way, the National Assembly cannot dismiss the President of the Republic. Only the High the Court of Justice is qualified to judge the President of the Republic in the event of a charge of high treason.

Congo’s citizens are doing their best to take the heat out of the current wave of political debate which nurtures various contradictions in the halls of political power. All this with the intention of facing up to the realities of the people’s present situation and Congo’s future. The people are frequently victims of political intolerance and especially of the lack of honest dialogue.


Editor’s note: Congo’s future election programme: Presidential election 10 March 2002, followed possibly by a second round on 7 April
The first and second rounds of parliamentary elections are scheduled for 12 May and 9 June. Local elections must take place on 30 June.


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