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The Democratic Process in the DRC.

( Télécharger le fichier original )
par Bobo BONG-E-BONE
Wits University - Licence en science politique 2006

Disponible en mode multipage

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I. Geographical Presentation

The Democratic Republic of the Congo is a state in central Africa and the third largest country on the African continent. It has nine neighbor's countries: Central African Republic and Sudan (the big African country geographically) on the north, Uganda, Rwanda, Burundi and Tanzania on the east, Zambia and Angola on the south, and the Republic of Congo on the west. The Democratic Republic of the Congo enjoys access to the sea through a narrow forty kilometers stretch, following the Congo River into the guest of Guinea. The Democratic Republic of the Congo is the second French country in the world after France.

According to Callaghy (1(*)), `Congolese society is an uncoordinated mosaic of sociopolitical groupings most of which have direct roots in the pre-colonial period. Despite the uneven impact of colonial rule, the continuity of tradition remains powerful. The stubborn survival of traditional authority patterns and the deeply rooted local and regional particularisms are sometimes major obstacles for centralizing absolutist state'.

Currently the Congolese population is estimated at 60 million, around 250 ethnic groups have been distinguished and named, although 700 local languages and dialects are spoken and 80% of the Congolese are Christian, predominantly Roman Catholic. According to Jennings (2(*)), in Africa, there are hundreds of different languages, many of them very primitive, some quite advanced, but none are advanced enough to express the whole corpus of knowledge, but the professor Cheikh Anta Diop was never sharing this affirmation.

The Democratic Republic of the Congo's total area is 2, 345, 410 sq Km and its climate is tropical, hot and humid in equatorial river basin, cooler and drier in southern highlands, cooler and wetter in eastern highlands, cooler and wetter in eastern highlands, north of Equator wet season April to October, dry season from December to February, south of Equator wet season from November to March, dry season April to October. The bulk of the subject population is rural and agricultural and although urbanization is taking place at a rapid rate, around 85 percent of the population are still peasants cultivating the soil by traditional methods (3(*)).

The Democratic Republic of the Congo's natural resources are cobalt, copper, coltan, cadmium, petroleum, industrial and gem diamonds, gold, silver, zinc, manganese, tin, germanium, uranium, radium, bauxite, iron ore, coal, hydropower potential... but in practice, the DRC is one of the very poorest countries in the world.

In 1994, more than one and half million refugees fled into the Democratic Republic of the Congo to escape the fighting between Hutus and Tutsis in Rwanda and Burundi, during `genocide' time. Few number of these returned to their countries late in 1997 despite fear of the on going violence, additionally, Congo is host around 120, 000 Angolan, more than 250 Burundian and 100, 000 Sudanese refugees. The repatriation of Angolan refugees was stopped early in 1995 because of the recurrence of fighting in Angola perpetrate by the former rebel Jonas Savimbi.

II. Background of the concept of democracy

Before applying any concept, it is always very important to know its meaning and sometimes its origin.

Firstly, the concept of `democracy' is literally, ruled by the people from the Greek demos `people', and Kratos `rule'. In other words, democracy means the method by which the rule is exercised and indeed the composition of the people is central to various definitions, but the general principle is that of majority rule.

Secondly, the concept of democracy can take place at any political regime or even at any state form. The democratic system is the opposite of totalitarian rule.

In contemporary usage, the concept of democracy is often refers to a government chosen by the people, where only people govern in accordance with a constitution. The notion of democracy is, of course, a complex and contested notion, a notion which today means many things to different people and leaders. According to Lefort (4(*)), democracy should be seen, not so much as a specific institution or cluster of institutions, but rather as a form of modern society, that is, as a particular way in which society is articulated or instituted.

The struggle for democracy is primarily a political struggle on the form of good governance, thus involving the redynamization of the state. No one claims that democracy means and aims at social emancipation. Rather it is always located on the terrain of political liberalism so, at best, creating best conditions for the best democratic process.

For my concern, the pillars of democracy are the sovereignty of the people, the best guarantee of basic human rights, the equality before the law and free and fair elections, the due process of law and constitutional limits of government, the values of tolerance and the government based upon consent of the governed and the majority.

Lefort's approach of democracy and totalitarianism, two main forms of society, presents contrast between them. He believes that democracy always proves to be an historical society by excellence, a society which, in its very form, welcomes and preserves indeterminacy and which provides a remarkable contrast with totalitarianism which, because it is a constructed under the slogan of creating a new man, claims to understand the law of its organization and development. Lefort presents also double faces of democracy: firstly, a power which is henceforth involved in a constant search for a basis because law and knowledge are no longer embodied in the person who exercise it, and secondly, a society which accepts conflicting opinions and debates over rights, because the markers which once allowed people to situate themselves in relation to one another in a determinate manner have disappeared.

III. Topic's Motivation

If so early in 1990s years, the apartheid system became politically, socially, economically and culturally incorrect in Republic of South Africa, it means that many things have been changed around the world. This political situation influenced also the ruling in the former Zaire while the president Mobutu announced the democratic process on the 24 April 1990. This democratic Multy-party process opens the way to struggle of good conditions of life, human rights, good governance, poverty reduction became the buzz words of the discourse, now renamed `policy dialogues'(5(*)). Multy-party and liberal democracy immediately elicited even a more passionate search for `real democracy'.

According to Dala (6(*)), the Democratic Republic of the Congo, as many African countries, has been concerned by the international community political context changing which occurred in the worldwide at the collapse of the communism, the end of the cold war and the triggering of Michael Gorbatchev's glasnost or transparency, the fall of the Berlin wall and Germany unification, even the eastern Europe collapse, the first Gulf war... proves another phase in the political come-back of imperial hegemony.

Marked by this new international political configuration trend to democracy, Congolese people and social movements within the country have forced totalitarian leader Mobutu Sese Seko to make end in his stupid long ruling and to engage the country towards democracy (7(*)). But in fact, according to Abdoulaye Wade (8(*)), the Democratic Republic of the Congo has no any experience with democratic process. Most Congolese, old and young, man and woman, educated people or not are experiencing democracy now for the first time after a long Mobutu dictatorship.

The country has endured political and social turmoil since gaining independence from Belgium in 1960. Sixteen years after the dictator Mobutu announced the democratic process in the Democratic Republic of the Congo, the country have organize many political meetings (the Sovereign National Conference, Conclave Politique de Kinshasa, the Political Concertations in 1994, the Lusaka Cease-fire Agreement in August 1999, the Gaborone meeting, the Inter-Congolese Dialogue in Republic of South Africa...) for building this democratic way, but in practice, nothing is going well.

It is actually very interest to know how is going this last transitional democratic process from Inter-Congolese Dialogue and how it can contribute to create a strong and true democratic state or if it is even just a pseudo-democratic process as others. The Democratic Republic of the Congo is one of the African countries which offering the world a very bad surprising; it shows its own full incapacity to solve political conflict from 1960 till today.

Patrice Emery Lumumba was assassinated by the American and Belgium manipulation (9(*)) and involvement in 1961. Then, the DRC and its people, including neighboring states in central Africa have since seen no peace but always troubles.

I know that in Africa, military coups became the order of the day in 60 and 70s. The targets were nationalist regimes, which wanted to carve out an independent space and give their sovereignty a modicum of reality. I know that between January 1956 and the end of 1985 there were sixty successful coups in Africa. In 1966 alone there were eight military coup d' etat and by 1986, out of some 50 African states, only 18 were under civilian rule.

But even most of African nations took also independencies on the same period but don't present actually something like a Congolese political inefficient ruling. Then, why and how this country must do for bringing political change and democratic state to its citizens after 46 years of freedom?

V. Methodology and Outlines of Chapters

In this honours's dissertation, I like to use same methodological approaches like social, documentary and descriptive approaches which are allowed to help me to achieve my purpose. Sometimes I can use also a critical analysis from modern Congolese scientists.

The dissertation contains three chapters. In the first one, I am presenting briefly the Congolese political historical overview from the Berlin conference till now. In the second chapter, I am focusing on the constitutional referendum which took place in the country on the 18 December 2005, particularly its political context and what the new Congolese constitution provided as state form, political regime, judiciary system... for the next Republic.

In the third chapter, the last, I am studying the Democratic Republic of the Congo democratic process's election, particularly the first round and the second round which is opposing Jean-Pierre Bemba with Joseph Kabila. After that, I will make a conclusion.

Chapter One: The Political Historical Overview in DRC

A. The Berlin Conference (15 November 1884 - 26 February 1885)

Europeans countries met in Berlin in Germany to divide Africa among themselves to colonize the continent. The Democratic Republic of the Congo was under control of the King of Belgium Leopold II (1870 - 1908), who made the country his own private property and named it `Congo Free State'. But in practice nothing proves that there is a `Free State' and while this period nothing as democratic system never been found in the country. In 1908, the Belgian colony parliament bowed to international pressure in order to save their last bit of prestige in Europe, forcibly adopting the `Congo Free State' as a Belgian colony from the King Leopold II, and then it became the Belgian Congo. Leopold II sold his Congo Free State to the Belgian State after perpetrating a holocaust whose victims are estimated to be 10 million African.

B. The Belgian Congo (1908 - 1960)

When the Belgian government took over the Congolese Administration from Leopold II, the political and social configuration in the country improved quickly. Immediately social change transformed the country as a model colony in Africa. However, the Congolese didn't have any power, any consideration, no saying and no nothing to do. That is exactly the case which Frederikse talking about South African's struggle against apartheid where black people were foreigners in them land, were they have not votes and also no nothing(10(*)). The non-racialism in South Africa specific case was just a form that the struggle taken but not the full content of the struggle, it was not the main objective. The Belgian colony-secretary and the General-Governor (the leader of the colony) had absolute power among Congolese people, and then the resistance or the struggle against this lack of `democracy' grew. In 1955, the upper-class in the Congolese civilization, the so-called `évolués' initiated a campaign to end the discrimination situation in which they were slaves in them own country. The goal of this struggle was focusing to put democratic system in Congo.

C. The First Republic (30 June 1960 - 24 November 1965)

As a result of mounting internal pressure, the colonial authorities met with some Congolese young political leaders (Patrice Lumumba, Joseph Kasa-Vubu,...) in Brussels to discuss the Congo decolonization process. The coming of independence and the founding of the first republic in 1960 were marked by violence and political instability. The Brussels Roundtable agreed among many political considerations on the Congo independence date and on the fundamental features of the provisional constitution of a new sovereign country. The new constitution that the called it `fundamental law' was adopted on 19 May 1960 by the Belgian Parliament. According to Djelo this new constitution proposed a unitary system for the young state and the parliament political regime (11(*)). Patrice Emery Lumumba was the prime minister and head of the government, while Joseph Kasa-Vubu became head of state. However, only three months after the country took independency, the new young sovereign state was destabilized and confused and went through a political catastrophic period marred by multidimensional instability, knows as the Congo crisis of 1960-1965. These troubles finished by military coup `pronunciamiento' from Mobutu Sese Seko on the 24 November 1965. But this period doesn't bring anything as democratic values in the country, only troubles till today.

D. The Second Republic (24 November 1965 - 24 April 1990)

Since 24 November 1965, the Mobutu Sese Seko's regime was both a military dictatorship and a new system of absolute power and strong personal rule, one of the most ferocious political powers in Africa post-decolonization(12(*)). According to Callaghy, Zairian absolutism is one variant of a relatively generalized pattern of early modern authoritarian rule in in Africa that draws heavily on a centralist and often corporatist authoritarian colonial tradition, resulting in centralizing patrimonial administrative states that are very organic-statist in orientation(13(*)), and the single party it is also an mechanism for creating the illusion of popular sovereignty and the formality of `mass participation and sometimes mobilization'.

On 20 May 1967, Mobutu Sese Seko created the `Mouvement Populaire de la Révolution' (MPR) or `Popular Revolutionary Movement', a political party where all citizens were automatically members of his own only single political party and then, all Zairians were born equal members of the MPR. Again in the same period, Mobutu edited a new constitution which established a strong centralized unitary system state, a strong presidential system and one chamber legislature, which doesn't have any power. In this time, the idea of `democracy' was completely absent and that is mean political pluralism was denied, abolished and replaced with a single-party state MPR, characterized by a monolithic political system and repression of any form of political dissidence.

Indeed, the cult of Mobutu Sese Seko has taken on distinctly religious and neotraditional overtones: Henceforth, the MPR must be considered as a church and it's Founder as a Messiah. Then, Mobutu has built a political religion around himself (14(*)), named `mobutisme', where corruption has been institutionalized. According to Boshab (15(*)), since 1974, the country never been a `Res publica' because of the institutionalization of MPR as state party, which denies any political competition and gave Mobutu the state power for ever.

This absolute regime deny any form of democracy but formally supported traditional authority, moved informally to emasculate it via the policy of administration control and the official policy was one of recognizing and supporting the autonomy.

It was clearly started in the report to Mobutu on Ordinance-Law 69/ 012: `the political orientation of the new regime aims at maintaining and reinforcing the powers of traditional authorities'.

Then, quickly Mobutu Sese Seko stressed strong centralization state power under his own authority and the country became his own `private property' as the time of the King Leopold II. Late in 1971, he renamed the country from Congo to Zaire. On the 30 November 1973, Mobutu announced the Zairianisation Measures (16(*)), which were designed to eject foreigners from the agricultural, commercial, and related sectors of the Zairian economy and replace them with nationals. The year 1974 can be regarded as the beginning of the Mobutu political foolish or crisis.

This political situation has continued till 24 April 1990, when under strong pressure from everywhere, Mobutu announced `democratization' process of the state and many dramatic political reforms, but in practice during its long mandate, the president Mobutu organized its self to put very far something like democracy in its real political program.

Mobutu and Kabila were totalitarian leaders, the decree no 003 from 27 May 1997 testifies the Laurent Desiré Kabila's power concentration.

Sometimes but not always the totalitarian state is characterized by a unitary system state, a strong presidential system and maybe one chamber legislature, which often doesn't have any power. This is a specific case in Democratic Republic of the Congo under two formers totalitarians leaders. In the majority of countries which have been ruled `totalitarianism' in Africa, the level of development is still very down, the Democratic Republic of the Congo specially.

During this second Republic, nothing like democracy can't be finding in Congo, only political confusion and terroristic ruling.

According to theories of state, the French philosopher Montesquieu wrote the Spirit of the Laws (1746), where he still talks about sovereignty, which he believed separated political power into three branches: executive power, legislative power and the power of judging.

All powers according to him must be equal at any time. Generally, when the three powers are united into the same organ or person, there cannot be liberty, and also there is no liberty when the judicial power is not separated from two others.

Constant experience shows us that every person who invested with monolithic power is often liable to abuse it, and to carry his authority as it will go. That is also exactly what they do many contemporary totalitarian leaders around the world ( Mobutu Sese Seko, Mussolini, Laurent Désiré Kabila, Adolph Hitler, Staline, Saddam Hussein, Idia Min Dada, Augusto Pinochet, Fidel Castro, Ceausescu, Antonio de Oliveira, Salazar, Francisco Franco, Jean-Bedel Bokassa,...).

Fort Lefort (17(*)), the essence of totalitarianism, the opposite of democracy, is a full negation of liberty, the absence of freedom and the ignorance of human rights. He believed that the struggle for human rights as a `generative principle' of democratic state. According to him, democracy should be seen, not so much as a specific institution, but rather as a form of modern state, that is, as a particular way in which modern society or state is articulated or instituted.

Generally, the totalitarian leader confused itself with state, `l' Etat c' est moi', I am the state, you must always follow me because I am your chief, your leader and then quite any form of opposition. `In my self, I am nothing, I am what I am only as an expression, an embodiment, and an executor of your will, my strength is your strength...'. This is a case which Louis XIV and same African leaders like Mobutu was identified themselves. According to Callaghy (18(*)) the president Mobutu always uses the politics of grandeur, which is reflected in his style of life. Mobutu measures all in terms of himself, his interests, prestige, and glory, but not for the country.

Examples of Mobutu politics of grandeur or foolish are the Inga dam project, the creation of Zaire's own airline and shipping fleet, and events like the Ali-Foreman `Fight of the Century' in October 1974.

In 1980, Mobutu in his foolish spent 260.55 million Belgian francs for the first visit of the former Pope John-Paul II to Zaire, including 30 million Belgian francs for 51 new Mercedes, without any budget planning.

Mobutu announced the democratic process in Congo but in reality it was not its own thinking because it put its self to opposite against this process.

E. The First Political Transition Period (24 April 1990- 17 May 1997)

Formally, the second Republic, characterized by a totalitarian state, under Mobutu strong political control, ended on 24 April 1990, a year of change (19(*)) with the demise of the single party-state system and the beginning of a political transition to multiparty democratic system, where Congolese people said: `we've suffered a lot, we want things to change'. The Sovereign National Conference opened on 7 August 1991 by Ordinance-Law no 91-205 from 15 July 1991, which took over the control of state while short time. It resumed its work on 6 December 1992.

The Congo's Sovereign National Conference holds the record of all National Conferences organized in Africa early at the beginning of 1990 years (Benin, Congo Brazza-Ville, Mali, Zambia, Gabon, Cameroon, Togo, Ivory-Coast, Tchad, Bourkina-Fasso, Niger...), not only with regard to its duration (16 months) but even in terms of the number of participants (2,842) delegates participated in this historical Congolese forum, which Mobutu Sese Seko refused to apply the political recommendation.

The troubles came over till 1997 when Laurent Désiré Kabila army with others political organization and group like UDPS (Union pour la Démocratie et le Progrès Social) in all country defeat the dictator leader's soldiers in political and military conflict and sent him to stay out the Democratic Republic of the Congo till he dead in Morocco.

The Sovereign National Conference can be consider as a democratic process's father in Congo, there is no another Congolese meeting which can provide good project for building the country as which did the memorable conference. People must ask themselves why Mobutu can't to apply all the Sovereign National Conference political recommendations? Easy to answer because, the Sovereign Conference National fixed only the democratic way that was opposite to dictatorship ruling and stopped the excessive totalitarianism's machine where Mobutu installed.

F. The Second Political Transition Period (17 May 1997 - 2001)

When Congolese people with AFDL army (20(*)) chase away the totalitarian leader Mobutu Sese Seko by force on 17 May 1997, Laurent-Désiré Kabila become the new Congolese president. Immediately after taking office, he renamed the country from Zaire to Democratic Republic of the Congo, the country`s name at the moment of national and international sovereignty in 30 June 1960. He signed a decree which annulled the former transitional political period and gave himself absolute control power of executive, judicial, military and legislative (Décret-loi constitutionnel no 003 du 27 Mai 1997) until the adoption by a future Constituent Assembly of a new constitution. But in practice, nothing was new and also Laurent Désiré Kabila did the same things exactly like his predecessor Mobutu.

Many Congolese scientists admitted that he was just Mobutu's close disciple. Authoritarian and repressive methods did not disappear with Mobutu. Under the said decree, all political parties are banned and since this time, nothing gone well. As a dictator, Kabila refused any negotiation with other opposition political parties like UDPS of Etienne Tshisekedi which was the most in the country. It is possible to bring democracy by starting to banned others political parties and all groups which don't thinking on the same view with the leader?

Laurent Désiré Kabila never been one moment a democrat leader because in a democratic state, nominally belong to all the people in the state. The direction of the state must be the direction decided upon by the collective, a parliament for example. Thus no person or group of people may be said to monopolize power. Every where power cannot be monopolized by a single party or one person because of the institutionalized transfer of power in a democratic state.

Late, relations between Laurent Désiré Kabila and his partner's backers (Rwanda, Uganda and Burundi) deteriorated and in July 1998, he ordered all foreign troops which help him to take over political power to leave the Democratic Republic of the Congo land. The political confusion has continued till his assassination on 16 January 2001 in him own office.

In any democratic state, there is a plurality of political opinions, but in Democratic Republic of the Congo, the formers presidents Mobutu Sese Seko and Laurent Désiré Kabila never admitted any form of political opinion contradiction, the acknowledgment of which is integral to democracy. They didn't know that the power is the mediator between these political conflicting opinions, the good method of recognizing the will of the people. If the former president Mobutu was a stupid dictator, Laurent Désiré Kabila was a clever dictator.

G. The Third Political Transition from January 2001

The assassination of Laurent Désiré Kabila opened the third precarious political transition period since 2001 which the process still going like a pseudo democratic system for the future.

The specific origins of the Congo War, according to `Economic Dimensions of War and Peace' (21(*)) can be traced to President Laurent Désiré Kabila's desire to become more independent from his Rwandan, Ugandan, Burundian, in some from all foreigners sponsors, as well as domestic discontent with the extent and pace of the government's political and economic reforms.

Then, Joseph Kabila took over political power with strong International Community support. He didn't follow Laurent Désiré Kabila way. He accept the Inter Congolese Dialogue, hosted by the Republic of South Africa, which is offering the world a surprising, a new model of political transition and conflict resolution peacefully, what few people never believe before the transition started. If only twelve years it is not enough to make a definitive assessment of the behavior's apartheid, but I can say that the new Republic of South Africa post-apartheid is promoting a new society and multi-racial democracy, managed by its own people, after three and half centuries of racial segregation and apartheid, it has begun slowly and surely to produce a true democratic lesson of its kind in the continent.

The Congolese Dialogue took place at Sun City in Republic of South Africa in 2002 and brought together five components: the Kinshasa government, the main rebel's movements (Mouvement pour la Libération du Congo MLC from Jean-Pierre Bemba and Rassemblement Congolais pour la Démocratie RCD), the non-armed political opposition and civil society. That is mean all major belligerent parties involved in the Democratic Republic of the Congo conflict reconvened in Pretoria, where under Thabo Mbeki's pressure they finally signed the global and all inclusive agreement on the political transition to stable, peaceful and democratic state.

The core political provision of the agreement provides that political, military, social and economic power shall be shared by the all former belligerents, civil society and the political opposition during two years transition period, with two possible extension six months.

According to this agreement, Joseph Kabila would remain head of state, he would be assisted by four vice-presidents, and this is a first time in the world, each responsible for one of the four main commissions: the first one is the Economic and Finance commission managed by MLC (Mouvement pour la Libération du Congo) of Jean-Pierre Bemba, the second one is the Politics, Defence and Security commission managed by RCD-Goma (Rassemblement Congolais pour la Démocratie-Goma) of Azarias Ruberwa, the third one is the Development and Reconstruction commission managed by Kabila political group and the fourth one is the Social and Cultural commission managed by the non-armed political opposition leader Arthur Zahidi Ngoma, which was not been qualified to represented the formal political opposition.

The signatories agreed on the establishment of a transitional parliament, which would consist of a national assembly and a senate. Civil society would head the five independent institutions in support of democracy, including the independent electoral commission which in fact it is not independent because it supporting Kabila's propaganda. The other four Commissions are the national human rights observation, the high authority for the media, the truth and reconciliation commission like which took place in South Africa post-apartheid during Mandela's mandate. But in Democratic Republic of the Congo, this commission did not have the `full disclosure' as sine qua none principle for building a true democratic system and true reconciliation and the last one is the commission for ethics and fight against corruption.

To make a short evaluation about this transitional period from 1990, I am saying those sixteen years after introducing a democratic process in the country, the Democratic Republic of the Congo is one of the African nations which is clearly unable to provide a true and strong model of political transition to stable democratic system. The transitional democratic process remains fragile and plagued by corruption, difficulties in disbanding foreign forces and militas, especially in the Kivu and Oriental provinces, the continuous flow of weapons and the illegal exploitation of natural resources in Congolese territory. According to the United Nations panel of experts final report on the illegal exploitation of natural resources in the DRC which identifies the individuals and many organizations allegedly involved in such illicit activities (22(*)), the big surprise is that the officials Congo's government and some Kabila's close friends are concerned by this report. How we can think about democracy by giving others facilities to destroy the country?

In my view, the pillars of democracy are the sovereignty of the people, the best guarantee of basic human rights, a social economic and political pluralism, the minority rights, the equality before the law, free and fair elections, the due process of law and constitutional limits of government, the values of tolerance and even the government based upon consent of the governed and the majority rule.

In any modern democratic system, the powers of the government are, by law, clearly defined and sharply limited. If there is `democracy' in Democratic Republic of the Congo, maybe just in the name of the country but in fact, the current democratic process don't present or meet most of the democratic pillars which must been in the democratic state formation. Many Congolese scientists admit that the country took the wrong way for building democracy.

Chapter Two: The Constitutional Referendum in DRC

A. Political Context

The constitutional referendum organized on 18 and 19 December 2005 has been a strong participation with more than 75% of approval leading to the election in 2006, after sixteen years and a very long political transition period which started on 24 April 1990.

But in the provinces of Kasai Oriental, Kinshasa and Kasai Occidental, few people voted. These provinces are the strongholds of main political opposition party, UDPS, managed by Etienne Tshisekedi, who had called for a boycott of the referendum and all the democratic process for many reasons: gross fraud, serious procedural irregularities, opposition party withdrawals, manipulated Independent Electoral Commission by Joseph Kabila's political party and International Community to ensure victory of Kabila still a profound source of tensions and crises which cannot been contribute to true democratic process. Even, only Joseph Kabila's tendency controlled the public media continued to serve it as propaganda tools. Actually in DRC, television and radio remained firmly under Kabila strong control, and government continued to threaten critical newspapers, independent radio (CCTV and Canal Kin) stations and same journalists killed (Bapupa Mwamba, Franck Ngyke and his wife Hélène Mpaka,...) these challenged Kabila's government abuses. This is a political context while the first multi-party democratic election in the Democratic Republic of the Congo took place on the 30 July for the first round and the second is going to be organized on the 29 October by violating electoral law which provided that the second round can been organized fifteen days after the publication of the result of first round if no one meet the majority.

The new Congolese constitution has been promulgated on 18 February 2006 by Joseph Kabila, which makes provision of a new flag and emblem, but in practice, this new constitution never brought an end to decades of war and chaos in country.

The drafting of a constitution is a technical job which like other technical jobs, is best done by those with experience of it (23(*)). This constitution was written by members of Joseph Kabila political party, which includes others people from ex-leaders as Jean-Pierre Bemba, Arthur Zahidi Ngoma...but most of them don't have any constitutional law background to do so.

Everywhere, it is important to remember that the success of any constitution depends very largely on the support given to it by all people. I have already emphasized that the social and political order depends upon the confidence of the people. In the Democratic Republic of the Congo, many experiences shows us that no one as political party cannot solve alone the national political conflict, maybe it can just aggravates the conflict process. Community participation is an absolutely vital element of building new society and implementing any community development project.

Community participation must be a community-driven process and centre on very local and specific kinds of political negotiations. According to Manegabe (24(*)) all Congolese's political meetings organized without an important political party doesn't bring a good result. That is a specific case of this transition political period where the UDPS (Union for Democracy and Social Progress) of Etienne Tshisekedi is out of the transitional political process.

If for example, the constitution of the United States of America (1776) was carefully designed to prevent such tyrannies, the new Congolese constitution, according to professor Mukadi (25(*)) is a just a `pseudo-constitution' which never presents a background of a model of modern constitution. It is easy to find contradiction in the core of this new constitution, we can't build democracy by contradiction. The draft constitution which has been accepted at the referendum proclaims the secular character of the Democratic Republic of the Congo. But unfortunately, this constitution curiously appears to be contrary to the very values and principles that are intend to promote. In fact, the Preamble as well as Article 74 of the draft constitution makes explicit reference to God. Why?

On the one hand the people of DRC are to declare their responsibility `before God, the Nation and the World', and any Congolese elected President of the country, is expected to take the oath of office solemnly in the name of God and the Nation (26(*)). Since the Congo Free State, there in no State religion in the Democratic Republic of the Congo.

B. New Constitution's Provisions

The president Joseph Kabila promulgated a new Congolese post-war constitution on 18 February 2006 which makes provisions of a new flag and emblem, but never brought an end to decades of war and chaos in country. Here, I am analyzing the mains points that this new constitution provides for building `democracy' in the country.

1. The General Provisions

Everywhere, the constitution is a supreme law, its provisions shall have binding full force on the authorities and persons (27(*)). It means that the DRC must only be governed on accordance with the provisions of this constitution, which is trying theorically to provide a democratic state in the country. The country is one, indivisible and indissoluble sovereign state to be known by the name of the Democratic Republic of the Congo, according to the preamble of this new constitution. There shall be 25 provinces (Bas-Uele, Equateur, Haut-Lomami, Haut-Katanga, Haut-Uele, Ituri, Kasai, Kasai-Oriental, Kongo Central, Kwango, Kwilu, Lomami, Lualaba, Kasai Central, Mai-Ndombe, Maniema, Mongala, Nord-Kivu, Nord-Ubangi, Sankuru, Sud-Kivu, Sud-Ubangi, Tanganyika, Tshopo and Tshuapa). Kinshasa is a capital (28(*)). Each province must have a provincial parliament and local government.

This constitution is promoting a new political order, a unitary state as form of state and the semi-presidential as political regime. It preserves the sacred character of the human person, assure to individual and family the best conditions for their harmonious development. It giving guarantee to everyone to participate in the life of the Nation, preserve Congolese unity within cultural diversity. It is right and obligation for every Congolese to resist by civil disobedience upon the default of other resources, no matter what enterprise to overthrow the constitutional regime, to take power by pronunciamiento or exercise it in a tyrannical manner.

The national anthem is `Debout Congolais', the motto of the Republic is `Justice-Peace-Work'. But in fact, there is no justice, no peace and no work in the country since 1960, sometimes theory and practice are very different.

Political groups and parties are recognized to concur in the expression of suffrage. They shall freely form and exercise their activities, integrity of territory, national unity and pluralist democracy. The new constitution provides that the state shall assume the equality of all citizens before the law, without discrimination of origin, social or material situation, racial, ethnic and regional or sex, instruction, language, attitude vis-à-vis religion or philosophy, or place of residence. From the Congo Free State, there is no state religious in the country.

Any person who is charged with a criminal offence shall be entitled to be informed promptly in the language that he understands and in detail of the nature of the offence. He must be given adequate time and facilities for the preparation of his defense; he can defend himself in person or by legal practitioners, the witnesses called by the prosecution before any court.

It is not the first time for Congolese's constitution to provide many democratic values in the supreme law, but in practice, never the government has applied these constitutional principles. People must learn their rights and must reclaim it at anytime if there is no respect about it.

2. The State Form

According to Djelo (29(*)), generally there is two forms of state around the world. Firstly the `Etat simple' with two components, unitary state centralized and unitary state decentralized. Secondly, `Etat composé' with also two types, federal state and confederation of state.

According to Mampuya (30(*)), this new Congolese constitution didn't adopt any above form of state but make one most innovation that some scientists called it `régionalisme constitutionnel' or `regionalization constitutionnelle', which has been defined by professor Kabange as a form of state never provide properly a specific form of state and it is situated between the federal state and a decentralized unitary state. It giving more autonomous to provinces but it preserves the state unity (31(*)). The article 202 of new constitution provides mains competences for central government only, the article 203 provides some competences that must be sharing between the central and provincial's government and the article 204 provides exclusives competences for provinces.

3. The Political Regime

According to Ntumba Luaba (32(*)), political regime refers to the set of any political country's institutions by which a state supposed to be organized in order to exert its attributions over a political community.

The new Congolese constitution provides a semi-presidential regime which has received more comments and has been defined by Maurice Duverger (33(*)). In his 1980 article and which, subsequently, has become the standard English definition of semi-presidentialism, he says: `a political regime is considered as semi-presidential if the constitution which established it combines three main elements: the president of the republic is elected by universal suffrage, he possesses quite considerable powers, he has opposite him, however, a prime minister and ministers who possess executive and governmental power and can stay in office only if the parliament does not show its political refusal to them'.

Analyzing the Congolese constitution which meet those main conditions, firstly, according to article 70, the president of republic must been elected by universal suffrage. Secondly, opposite him, there is prime minister and ministers who can only govern with the confidence of parliament according to article 90 and thirdly, the president can dissolve parliament, which the article 148 is giving permission to the head of state to dissolve not parliament but only the National Assembly without the Senate.

This is a political regime which has been maintained by Congolese people by approving constitutional referendum organized last year in the country. But, for my concern, I can said that is very complicated political regime for many African states, specifically for DRC, because, we don't have the same political background and culture as French people, however, I don't think that can bring peace in the country. To make a good and strong state in the country, democracy must become a tradition or a culture for all people if we want it succeed in Congo.

4. The Power of Judging

Everywhere, the respective roles of the judiciary, legislature and executive are set out in the constitution. Like the political regime, the new Congolese constitution provides even a new judicial system (34(*)) which is adopting the French judicial system, by creating from the current Supreme Court, three other different Supreme Courts, according to article 149 of new constitution. If actually France is it considered as one of the best democratic state around the world, it is because its constitution and judiciary system provides the large guarantee of human rights.

The independency and a good organization of judiciary power is an important factor in democratic state. The main goal according to Sovereign National Conference constitutional commission report (35(*)) to divided Congolese Supreme Court in three other Courts was to reinforce the principle of separation of powers, which is an model for the governance of democratic states.

Judicial power must always be completely independent from the executive and the legislative branches. Under this model, the state is divided into three branches, and each branch of the state has separate and independent powers and areas of responsibility, however, each the branch is also able to place limited restraints on the power exerted by other branches (36(*)). The three Supremes Courts are, according to article 149, `the Constitutional Court, the Council of State and the Court of Cassation'. Each Court is specialized to solve specific conflict from political institutions that the constitution gives to it.

According to some Congolese scientists, the role of the constitutional court is to establish and maintain legitimacy in emerging democracy, protecting fundamental and minority rights instituted by the constitution, and to control the law to constitution.

But in federal state, constitutional court plays an important role in conflicts between the federation or union and its components states or provinces.

The second high Court instituted by the constitution for supporting democratic process in Congo is the Council of State (37(*)), which is playing the role of supreme administrative tribunal. In judging concrete cases, the council of state sees to it, of course, that existing laws and regulations are obeyed, but it also giving direction to the development of administrative law by its creative and interpretation function.

In democratic state, the council of state is the supreme court of administrative justice. It judging directly the legality of decrees (38(*)) issued by the Prime Minister or the President of the Republic and giving also legal advices to the government.

The third high court provides by the constitution is the court of cassation (39(*)) which is the highest court in Congolese judiciary. There is only one court of cassation for the whole republic, the same as constitutional court and council of state. The reason is to achieve uniformity of interpretation, and hence to develop case-law that must be authoritative, uniqueness and uniformity being interdependent. The court of cassation is not a court of third instance after the appeal courts and other courts. Its purpose is essentially not to rule on the merits, but to state whether the law has been correctly applied on the basis of the facts already definitively assessed in the decisions referred to it (40(*)). If there is jurisdictional order for the court of cassation and the council of state, the constitutional court is alone, it doesn't have any inferior tribunal.

Chapter Three: The Election Process in DRC

Almost modern scientists admitted that free and fair elections are democracy's core fundamental and unique political characteristic.

This is the first multiparty election in the Democratic Republic of the Congo in over 46 years post-colonialism, after the `Mouvement National Congolais' won the country's first free legislative elections in 1959, before independency, leading to the appointment of the legendary anti-colonial leader Patrice Emery Lumumba as first Congolese prime minister. But it is not a reason for us to accept many irregularities that have occur the electoral process.

Currently in the world, there are some political principles which are conducting democratic elections as: the full participation of the citizens in the political process and freedom association, political tolerance and regular intervals for elections as provided the constitution (41(*)). Equal opportunities for all political parties must be provided to all to access the state media, but nothing can be found in Congo's specific case when only one candidate was allowed to use the public media for him propaganda. But, concerning the public debate that also has been providing by electoral law, it is him the first to destroy that meeting because he doesn't have any background to manage.

Others democratic electoral principles are the equal the acceptance and respect of the election results by political parties proclaimed to have been free and fair by the competent national electoral authorities, which are supposed to neutral, but in Congo, the Independent Electoral Commission and the High Court, according to professor Mampuya Kanunk'a Tshiabo, are just under Kabila strong political control and then, become his private fields.

A. First Round

First round Congolese elections results, issued in August, sparked three days of fierce battles opposing Jean-Pierre Bemba and Joseph Kabila troops on the streets of Kinshasa.

Starting on August 20 heavy armed clashes took place in Kinshasa between forces loyal to Bemba and Kabila. Both sides accused the other of starting the fighting.

More than 25 million citizens of the Democratic Republic of the Congo were registered to vote between 33 candidates for the Presidency and 9.000 for the 500 seats for the future parliament, were the approximate population is known or estimated around 60 million.

On the day of the election, three vice-presidents, many presidency candidates and some electoral observers complained about vote rigging. Zahidi Ngoma, Azarias Ruberwa and Jean-Pierre Bemba said `we are heading for a masquerade or a parody of elections'.

On 21 August, during a meeting between Bemba and fourteen foreign ambassadors representing the International Committee Accompanying the political transition to democratic process in Democratic Republic of the Congo which was taking place in Kinshasa, clashes broke between Bemba and Kabila forces and also Bemba's residence which hosted the meeting, came under violent Kabila's attack.

One diplomat in the residence of Bemba declares `Kabila used artillery and heavy machine gun fire' to destroy Bemba's residence.

Suddenly, Bemba and fourteen diplomats were moved to the safety of the residence's shelter and there were no reports of injuries. Evacuations plan for diplomats stranded in the shelter were reportedly being drawn up.

Bemba's private helicopter was said to have been destroyed in the Kabila's attack. Several hours later, the Monuc announced that the diplomats had been properly evacuated from Bemba's residence. From this political conflict situation, the European Union has began sending more peacekeeping troops to Kinshasa but the Monuc chief always called for an immediate ceasefire, politically fragile.

The 30 July 2006 Congolese's Elections were characterized by full violence and most logistical problems, which have been solved late by Monuc.

B. Second Round

The second election is normally organized, according article 71 of the new Congolese's constitution which saying: `the president of the Republic is elected by an absolute majority of votes. If a leader is not chosen after the first round of elections, there must be a waiting period of 15 days until a second election can take place. Only the two candidates who received the most votes in the first election can proceed to the second round. In case of death or withdrawal of either candidate, they will be presented in the order of their standing based on the results of the first election. Whoever is declared as winner of the first presidential elections will receive the majority of votes'.

In practice, the Independent Electoral Commission is the first by violating the constitution because the second round didn't take place fifteen days after the results for first round has been proclaimed by the High Court. How we can build a democratic state by starting violating the constitution?

This second round of presidential election to end fragile political transition period took place on 29 October 2006, opposing Jean-Pierre Bemba and Kabila, which is considered as a Community International candidate, still characterized by many irregularities, according to Eve Bazaiba, a spokesperson for the main political coalition supporting Bemba. She said the votes for candidate were systematically decreased, while those of his opponent were increased, she denouncing what she called `cheating' by the electoral commission which never been independent.

Bazaiba also said partial results published currently by the commission so far included more results from the east, where Kabila has political support, and less from the west where Bemba is more popular, giving the impression that Bemba is far behind. This creates an imbalance and creates tensions within the population. Results released Monday from the October 29 showed Kabila well ahead with more than 60 percent of the vote. The results were based on a tally of 1, 8 million ballots out of 25 million registered voters in many provinces across the country. But for my own opinion, I sharing the political view from UDPS which has already believe that this electoral process is just a `masquerade' when other knows before the winner.


I think that Congolese political conflict is never going to be solved by elections process only which never had been inclusive, because the main opposition political party (UDPS) is not participating to general elections. Democracy is a process not an event alone.

The fundamental problem of the Democratic Republic of the Congo is not just to change the nature of political regime or government, state form or name, new constitution ...but rather to adopt forever `democracy' as state political tradition and then, we just need to learn how to do it. Political pluralism and diversity of ideas and opinions are core elements in democracy-building.

Political success of the elections is more important not only for the Congolese people, but it can even have a major impact for political stability, peace and development in the region of the Great Lakes and all Africa.

After these elections, Congolese leaders must meet again to reinforce the democratic process integration and to make it inclusive.

According to the CEI calendar, the results of the second round are going to take place on 19 November, but the political atmosphere in the country is still characterized by violence. As for the final result, it will be proclaimed by the Supreme Court of Justice on 30 November. The representatives of the two presidential candidates have signed an agreement which promising to respect the results of elections. But, political tension in many parts of the country, especially in Kinshasa, still remains high and unstable, the peace is depending to which one that Congolese want him to be a first president for the third Congolese Republic, the winning of the International Community's candidate will never bring peace in the former Zaire.


v BONG-E-BONE Bobo: `Des implications perspectives de l' éclatement de la Cour Supreme de Justice'. Mémoire de licence en droit, Université de Kinshasa, Faculté de Droit, Département de droit public interne, 2001-2002.

v BONG-E-BONE Bobo: `Le sort des actes de la Conférence Nationale Souveraine après l' avénèment de l' AFDL le 17 Mai 1997'. Travail de fin de cycle, Université de Kinshasa, Faculté de Droit, Département de droit public interne, 1998-1999.

v BOSHAB Evarist: `La Trajectoire Constitutionnelle de la RDC'. In Raport final du Séminaire sur les questions de la nationalité et de la future constitution de la RDC. Aout 2004.

v Callaghy Thomas: The State-Society Struggle. Zaire in Comparative Perspective, 1984.

v DALA DIANA: `Political engagement of Catholic Church in the democratization process of the Democratic Republic of Congo: Analysis of a commitment for a new Congolese political leadership towards democracy'. Honours's dissertation, Wits University, School of Social Science, Faculty of Humanities, Department of Political Studies, January 2006.

v DJELO EMPENGE OSAKO: Droit Constitutionnel et Institutions Politiques. Cours polycopié, premier graduat en doit, Université de Kinshasa, 1995-1996.

v DJELO EMPENGE OSAKO: Impact de la coutume sur l' exercice du pouvoir en Afrique noire. Le cas du Zaire, Edition bel élan, 1990.

v DUVERGER Maurice: `A New Political System Model: Semi-Presidential Government'. European Journal of Political Research 8 (2).

v FREDERIKSE J.: `The Unbreakable Thread', 1990.

v JENNINGS Ivor: Democracy in Africa. Cambridge University Press, 1963.

v KABANGE NTABALA: `La problématique de la forme de l' Etat en RDC'. In revue de la faculté de Droit, 2eme année, Numéro 1, Université Protestante au Congo, 1999.

v LEFORT Claude: `Democracy and Political Theory'. Cambridge Policy Press, 1988.

v LEFORT Claude: `The Political Forms of Modern Society. London Policy Press, 1986.

v MAMPUYA KANUNKA T.: `L' enjeu et défi de la constitution de demain pour la RDC'. In Raport Final du Séminaire sur les questions de la nationalité et de la future constitution de la RDC. Aout 2004.

v MANEGABE Charlemagne: `De la Confiscation de la Souveraineté dans les Etats de l' Afrique noire'. Mémoire de licence en droit, Université de Kinshasa, Faculté de Droit, Département de droit public interne, 1996-1997.

v Michael Nest, Francois Grignon and Emizet F. Kisangani: The Democratic Republic of Congo. Economic Dimensions of War and Peace. Lynne Rienner Publishers, 2006.

v New Congolese's constitution, 2006.

v NTUMBA LUABA: Introduction a la science politique. Cours polycopié, premier graduat en droit, Université de Kinshasa, Faculté de Droit, 1995-1996.

v Ordonnance-Loi no 82/020 du 31 Mars 1982.

v Rapport de la commission constitutionnelle de la Conférence Nationale Souveraine.

v Report of the United Nations concerning illegal exploitation in DRC, November 2001.

v ROBIN Lee and SCHLEMER Laurence: Transition to Democracy. Policy Perspectives, 1991.

v UDPS's speech defended in Sovereign National Conference.



v (03 November 2006).

v Zaire the Political Economy of Underdevelopment. Edited by Guy Gran, 1979.


· AFDL: Alliance des Forces Démocratiques pour la Libération du Congo.

· CCTV: Canal Congo Télévision

· CEI: Independent Electoral Commission

· DRC: Democratic Republic of the Congo

· Ibidem: In the same place

· MLC: Mouvement pour la Libération du Congo

· MONUC: United Nations Mission in the Democratic Republic of the Congo

· MPR: Mouvement Populaire de la Révolution

· O.L.: Ordonnance-Loi.

· Op.cit: Opus citatum or the work cited.

· p.: page

· p.p.: pages

· RCD: Rassemblement Congolais pour la Démocratie

· UDPS: Union for Democracy and Social Progress

· UNIKIN: Université de Kinshasa






I. Geographical presentation

II. Background of the concept of democracy

III. Topic's motivation

IV. Methodology and outlines of chapters

Chapter One: Political Historical Overview in DRC

A. The Berlin Conference (15 November 1884-26 February 1885)

B. The Belgian Congo (1908-1960)

C. The First Republic (30 June 1960-24 November 1965)

D. The Second Republic (24 November 1965-24 April 1990)

E. The First Political Transition Period (24 April 1990-17 May 1997)

F. The Second Political Transition Period (17 May 1997-16 January 2001)

G. The Third Political Transition Period since January 2001

Chapter Two: The Constitutional Referendum in DRC

A. Political context

B. New constitution's provisions

1. General provisions

2. State form

3. Political regime

4. Power of judging

Chapter Three: The Electoral Process in DRC

A. First round

B. Second round


Main references



* 1 Callaghy Thomas M.: The State-Society Struggle. Zaire in Comparative Perspective, 1984, p.144

* 2 Sir Ivor JENNINGS: Democracy in Africa. Cambridge University Press, 1963, p.22

* 3 Ibidem

* 4 LEFORT Claude: Democracy and Political Theory, Cambridge, Polity Press, 1988, p.

* 5 See www.ukzn/,50,5,334

* 6 DALA Diana F.: `Political engagement of catholic church in the democratization process of the

Democratic Republic of Congo: Analysis of a commitment for a new Congolese political leadership

towards democracy'. Honours's dissertation, Wits University, Scholl of Social Science, Faculty of

Humanities, January 2006, p.1.

* 7 It was 6.128 memorandums from people asking democratic process in the country.

* 8 ABDOULAYE W. said that when he was a Congolese mediator political conflict early in 1990 years in

Kinshasa. Fifteen years late, Congolese people give him full reason.

* 9 www.ukzn/ac/za/ccs/default.asp?5,50, 5,334 (2006 October 24).

* 10 Frederikse (J.): The Unbreakable Thread, 1990, p. 267.

* 11 DJELO E.O.: Impact de la coutume sur l' exercice du pouvoir en Afrique noire. Le cas du Zaire, Edition

Bel élan, 1990 p. 53.

* 12 See the UDPS speech defended in Sovereign National Conference by Professor Marcel Antoine LIHAU.

* 13 Op.cit p.409

* 14 Callaghy Thomas M.: op.cit p. 181

* 15 BOSHAB Evariste: La Trajectoitre Constitutionnelle de la RDC, in Rapport final du séminaire sur les

questions de la nationalité et de la future constitution de la RDC, Aout 2004, p.14.

* 16 Zaire the Political Economy of Underdevelopment. Edited by Guy Gran, 1979, p.62

* 17 LEFORT C.: The Political Forms of Modern Society. London, Polity Press, 1986, p.p. 366-367

* 18 Callaghy Thomas M.: op. cit. p.p. 183-184.

* 19 Robin Lee & Lawrence Schlemmer: Transition to Democracy. Policy Perspectives 1991, first page.

* 20 BONG -e- Bone Bobo: `Le sort des actes de la conférence nationale souveraine après l' avénèment de l'

AFDL le 17 Mai 1997'. Travail de fin de cycle présenté pour l' obtention du titre de gradué en droit,

Université de Kinshasa, 1998-1999, p.1.

* 21 Michael Nest, with Francois Grignon and Emizet F. Kisangani: The Democratic Republic of Congo.

Economic Dimensions of War and Peace. Lynne Rienner Publishers, 2006, p.31.

* 22 Report of the United Nations concerning illegal exploitation in DRC, November 2001.

* 23 Democracy in Africa. Op.cit. p.70

* 24 MANEGABE, Charlemagne: De la Confiscation de la Souveraineté dans les Etats de l' Afrique Noire.

Mémoire de licence en droit, Unikin, department de droit public interne, 1996-1997, p. 43

* 25 MUKADI Bonyi is a lawyer at the Democratic Republic of the Congo's Supreme Court of Justice and

Ordinary Professor at University of Kinshasa, School of Law, who is analyzing now the new DRC's

constitution and find some wrong judicial, political and constitutional grammar.

* 26 Article 74 of the DRC's new constitution.

* 27 DJELO E.O.: Droit Constitutionnel et Institutions Politiques. Théorie Générale de l' Etat. Cours

polycopié, premier graduat en droit, Unikin, 1995-1996, p.8.

* 28 See the second article of the constitution.

* 29 DJELO E.O.: op.cit. p.98

* 30 Mampuya K.T.: `Enjeu et défi de la constitution de demain pour la RDC'. In Rapport final du séminaire

sur les questions de la nationalité et de la future constitution de la RDC. Aout 2004, p.17.

* 31 KABANGE Ntabala: La problématique de la forme de l' Etat en RDC. In revue de la faculté de droit,

2ème Année, Numéro 1, 1999, Université Protestante au Congo, p. 238.

* 32 NTUMBA Luaba: Introduction a la science politique. Cours polycopiés, premier graduat en droit,

Unikin, 1995-1996, p.9.

* 33 Duverger, M. (1980). `A New Political System Model: Semi-Presidential Government. European Journal

of Political Research 8 (2): 165-187

* 34 BONG- e- BONE Bobo: `Des implications perspectives de l' éclatement de la Cour Supreme de Justice'.

Mémoire le licence en droit, Université de Kinshasa, 2001-2002, p.p. 10-11.

* 35 Voir a ce sujet les rapports des commissions constitutionnelle et juridique de la Conference Nationale

Souveraine, Kinshasa, Palais du Peuple, 1992.

* 36

* 37 Article 154 of new Congolese constitution.

* 38 See article 155 of new constitution and 146-147 of Ordinance-Law no 82/020 du 31 Mars 1982.

* 39 See article 153 of new constitution.

* 40 (03 November 2006).

* 41

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