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What Does Opposition Leader Tshisekedi’s Death Mean for DR Congo’s Road to Elections?
What Does Opposition Leader Tshisekedi’s Death Mean for DR Congo’s Road to Elections?
DR Congo: A Recount and Talks to Find a Way Out of the Crisis
DR Congo: A Recount and Talks to Find a Way Out of the Crisis
Op-Ed / Africa

What Does Opposition Leader Tshisekedi’s Death Mean for DR Congo’s Road to Elections?

Originally published in African Arguments

The death of the veteran politician deprives the opposition of a well-known rallying figure. Without him, uncertainty and growing popular anger are likely to lead to more instability.

The death of prominent opposition leader Etienne Tshisekedi has deprived the Democratic Republic of Congo (DRC) of a unique political figure who was at the forefront of the fight for democracy for over three decades.

His loss is a major blow to the main opposition coalition, the Rassemblement, which he led alongside the relative newcomer, ex-Katanga Governor Moïse Katumbi. It also undermines the DRC’s faltering transition and may play into the hands of the ruling majority that has consistently sought to delay elections.

As popular anger mounts, the opposition will have to work hard to rebuild a credible leadership

Coming just a month after the signing of a political agreement, which would have put him at the head of an important follow-up committee, his departure robs the opposition of a leader able to combine genuine street-level popularity with an ability to squeeze out political deals. As popular anger mounts, the opposition will have to work hard to rebuild a credible leadership, capable of concluding a deal with the majority.

A fragmented opposition loses its figurehead

The 84-year-old Etienne Tshisekedi launched the Union for Democracy and Social Progress (UDPS) opposition party in 1982 and built a strong following in his native Kasai region and in the capital Kinshasa. He symbolised the struggle for democracy in the waning days of the President Mobutu Sese Seko regime. He also opposed President Laurent Kabila, who overthrew Mobutu in 1997, and his son Joseph Kabila, the current president.

Unable to resist the populist option, he made a strategic error when he boycotted the relatively credible 2006 elections. In 2011, he ended up coming second in a hard-fought but less credible election, and did not accept the result, proclaiming himself president in a parallel swearing in ceremony.

In more recent years, despite living abroad, he again became the symbolic figurehead of the struggle for democracy

In more recent years, despite living abroad, he again became the symbolic figurehead of the struggle for democracy, this time over the defence of the constitution, and particularly its two-term limit for the president, and the need to organise elections on time in December 2016. They have since been delayed.

This position allowed him to improve cooperation with his fellow opposition leaders, and in June 2016 he was a driving force behind the creation of the Rassemblement, combining the forces of several parties and high-profile figures, including Moïse Katumbi and those in the “G7” (an umbrella group of opposition parties that left the ruling majority in 2016), giving the opposition renewed cohesion and strength.

When Tshisekedi returned to Kinshasa on 27 July 2016 after years of self-imposed exile, he was greeted by massive crowds, demonstrating his unique credibility and ability to get people out onto the street. These were seemingly undamaged by simultaneously being in direct and secretive talks with Kabila’s governing majority.

As president of the Rassemblement’s “governing council” (Conseil des sages), Tshisekedi provided legitimacy and political credibility to the other parties and individuals, most of whom had been part of the ruling majority or held positions in government. These actors needed Tshisekedi’s street credibility and popularity as they tried to build a more pragmatic negotiation strategy. At several moments, tension within the Rassemblement was palpable as the G7 tried to manage the unpredictability of the platform’s leader.

After the elections were pushed back by 18 months, a combination of mounting popular tension and pressure by the international community led to the signing of the 31 December 2016 global and inclusive agreement mediated by the Congolese Catholic Church. It called for a transitional government, a promise that President Kabila will not run for another term, and elections to be held in 2017. Tshisekedi no longer had the physical strength to participate in the talks, but his symbolic importance was underlined when he was appointed as the president of the critical follow-up committee, the Conseil National de suivi de l’accord et du processus électoral (CNSA).

The transition process stalls

Tshisekedi left Kinshasa on 24 January as negotiations on the implementation of the 31 December agreement stalled over several issues, including the procedure to appoint a new prime minister and the division of ministerial positions. The lack of progress, in the context of deepening economic malaise and insecurity in several provinces, including Tshisekedi’s native Kasai Central, will increase popular frustrations and tensions.

Those now taking over the mantle of political opposition will find it hard to channel the frustrations of the population

Tshisekedi had symbolic importance for the population; despite his at times vainglorious or inflammatory approach, he represented hope of a better political future. Those now taking over the mantle of political opposition will find it hard to channel the frustrations of the population, already deeply sceptical about politicians, into constructive political engagement. The only moral authority and beacon of hope at this stage remains the Catholic Church, currently attempting to resuscitate the agreement it mediated in December.

Before his demise, Tshisekedi’s party had already been struggling with the succession question. And while some have been pushing for Tshisekedi’s son Felix to take over, others refuse moves that make the party seem like a hereditary monarchy, whatever the strength of the name Tshisekedi. This struggle played out in the broader political negotiations and disputes over who should become prime minister, with some pushing for Felix to take that role in the name of the Rassemblement.

Charles Mwando Nsimba, the G7’s president and Rassemblement’s vice-president, who died in December. Moïse Katumbi would be an obvious choice to take on a more prominent leadership role. But he is still in a form of exile abroad, pending an eventual agreement on his judicial prosecution (a sensitive case, that is now, per the December agreement, managed by the National Episcopal Conference of Congo [CENCO]). Moreover, while Katumbi has a certain national popularity, he does not have the political party, political weight or legitimacy as an opposition leader that Tshisekedi could command.

Talks that had been extended for a week by CENCO after the failure to meet the 28 January deadline are likely to be halted for a while during the funeral and mourning period. After that, there is an opportunity for political leaders to work in good faith to implement the 31 December agreement and to open up political space. But renewed popular anger will be an increasing challenge as people’s faith in the political process plumbs new depths.

Read the PDF version here.

Contributors

Project Director, Central Africa
richmoncrieff
Former Senior Analyst, DR Congo
Supporters of Martin Fayulu chant slogans and carry placards as he delivers his appeal contesting the CENI results of the presidential election at the constitutional court in Kinshasa, on 12 January 2019. REUTERS/Kenny Katombe
Statement / Africa

DR Congo: A Recount and Talks to Find a Way Out of the Crisis

The DR Congo is facing a major political crisis over the 30 December election’s result. A recount would allow subsequent negotiations to take place on the basis of a clear understanding of who won.

A dispute over the results of the DR Congo’s 30 December election cast a dark shadow over what should be a historic transition of power but a surprisingly robust reaction by regional actors offers a genuine chance for a course correction. According to official tallies, opposition leader Felix Tshisekedi was the winner, but these stood in stark contrast to a parallel count by Congolese Catholic Church observers, which indicated a landslide for Martin Fayulu, another opposition leader. Data leaked from sources within the electoral authorities confirm the church’s figures, strongly suggesting an effort to rig the vote in favour of the opposition candidate more palatable to incumbent President Kabila and his allies. On 17 January, the African Union (AU) unexpectedly issued a statement questioning the official results, calling for a suspension of final results, and dispatching a delegation to Kinshasa on 21 January to help Congolese parties reach consensus on next steps. To both reflect the will of the people and avoid a dangerous confrontation, that delegation should push for a recount, so that subsequent negotiations on a way forward can take place on the basis of a clear understanding of who won. All international actors should throw their weight behind the AU’s initiative, appeal for calm and encourage the putative winner, Fayulu, to adopt a conciliatory approach toward his rivals.

On Sunday 30 December, millions of Congolese voted for a new president and provincial and national lawmakers. The presidential election pitted Emmanuel Ramazani Shadary, the preferred candidate of incumbent President Joseph Kabila, against two opposition leaders, Felix Tshisekedi and Martin Fayulu, the latter supported by two political heavyweights, Jean-Pierre Bemba and Moïse Katumbi, who had been barred from contesting the vote. Despite repeated delays and the unwarranted exclusion of around 4 per cent of the electorate, balloting passed off in relative calm.

Since then, however, a major political crisis has erupted over the results. Before the Independent National Electoral Commission (CENI) released its official tallies, the Episcopal Council of the Congolese Catholic Church, known as CENCO, which had deployed some 40,000 observers to monitor the polls, reported that its parallel tabulation had revealed a clear winner and, though it could not legally name a victor before official results were proclaimed, sources close to the church confirmed a landslide win for Martin Fayulu. In contrast, the CENI’s provisional results, released on 10 January, indicated Tshisekedi was the victor, with 38.6 per cent of the vote to Fayulu’s 34.8 per cent and Shadary’s 23.8 per cent. The provisional results also showed President Kabila’s political coalition winning a large majority in of the national legislative and provincial elections, thus appearing to ensure his coalition’s continued political dominance.

By now, the CENI results have been widely discredited, viewed as the result of manipulation by the electoral authorities to secure a win for an opposition candidate that Kabila and his allies view as more conciliatory. Indeed, data leaked from the CENI makes clear that Fayulu decisively won, perhaps with as much as some 60 per cent of votes (similar to CENCO’s estimates). Fayulu has rejected the results and appealed to the Constitutional Court, which is generally regarded as pro-Kabila. By law the Court must adjudicate the election dispute by 19 January.

Initial reactions from Western and African diplomats were muted. Some Western countries questioned the CENI’s results, but many appeared to view Tshisekedi’s win as presenting a silver lining: Kabila’s preferred candidate had been roundly defeated, Kabila himself was out – no mean feat given his earlier determination to stay on – and perhaps the DR Congo could turn a page on the mismanagement and corruption of his rule. Declaring the vote a sham and trying to force a Fayulu presidency, they feared, could provoke a dangerous backlash from pro-Kabila forces who still dominate the security forces – a crisis for which they lacked the will or capacity to deal. In contrast, many surmised, backing Tshisekedi’s, or at least not rocking the boat, might strengthen his hand against Kabila, who it seems is intent to retain influence through parliament and the powerful security sector.

Moreover, it was unclear early on how the region would respond and, without African support, Congolese leaders could portray Western pressure as unwarranted meddling. African leaders began by reacting cautiously as well, calling for any challenges to results to be pursued legally and for consensus. That a statement critical of the elections by Zambian President and chair of the Southern African Development Communities’ (SADC) Organ on Politics, Security and Defense, was rebuked by some of his counterparts illustrated the depth of divisions in the region.

The surprise came on 17 January, when an ad-hoc high-level meeting of the AU put out the strongest statement from the continent. Saying “there were serious doubts” about the provisional results, it called for the “suspension of the proclamation of the final results [by the court] of the elections”. The AU announced it would send a high-level delegation on Monday 21 January to Kinshasa to “interact with all Congolese stakeholders, with the view to reaching a consensus on a way out of the post-electoral crisis in the country”.

The dramatic AU statement and forthcoming visit offer a path forward. The delegation should push for some form of recount or audit, potentially monitored by SADC or the AU, both of which fielded observers for the vote. Such a process could be concluded quickly, since electronic election data, transmitted by the voting machines, is available (observers’ vote tallies based on copies of results sheets in the polling stations might potentially be used to validate that data). This exercise should be conducted for presidential, parliamentary and local elections. Indeed, the starting point for any credible negotiations among Congolese leaders should be a clear understanding of who genuinely won on 30 December. All international actors should throw their weight behind such a process.

Of course, a recount presents risks. Politics in Kinshasa are already deeply polarised and a recount could divide them still further. It is unclear how Tshisekedi’s supporters would respond to having his victory, in their eyes, snatched away. Perhaps more dangerous still, President Kabila and his allies, particularly powerful figures in the security sector, could well resist, given the wariness with which they regard Fayulu, Bemba and Katumbi. Indeed, on 18 January, both the government and Felix Tshisekedi allies rejected the AU’s call to delay the proclamation of the final result of the presidential vote. The government accepted talking to the AU’s delegation but Tshisekedi’s party clearly fears being denied the presidency.

Yet if a recount carries risks, the alternative of acquiescing in the rigged results would be much worse. CENCO tallies and the leaked CENI data suggest the Fayulu ticket attracted almost two-thirds of the vote. Even allowing that some of those votes may have been cast more in protest at Kabila than in support of Fayulu, that still leaves a large constituency that would feel its vote stolen. Supporters of Fayulu and those of his powerful backers Bemba and Katumbi have not yet taken to the streets, but they could easily do so in the future.

The goal of African and Western leaders should be to both ensure that the will of the Congolese people is respected, and prevent a destabilising and costly confrontation. They can promote this outcome by taking several steps. To begin, they should strongly urge all Congolese parties to call for calm and eschew violence. The purported victor, Fayulu, and his allies have a special responsibility to reassure those in both Tshisekedi’s and especially Kabila’s camp. At the same time, the AU delegation should warn that if Tshisekedi’s inauguration goes ahead, it and the regional organisations of which the DR Congo is a member would consider punitive measures, including refusing to recognise the new government with all that would entail for those involved.

More broadly, African and Western leaders ought to combine diplomatic pressure for a recount with equal pressure for negotiations over a consensual political arrangement. This arrangement, which ultimately will have to be decided by the Congolese, could involve, inter alia, inclusive, broad-based power-sharing, a national unity government or the organisation of new elections after two or three years (as Lamuka, the coalition backing Fayulu, had originally foreseen).

Regardless of the precise formula, the outcome should allow the DR Congo’s leaders to leave their political trenches and work with their international and regional partners to begin dealing in earnest with the key sources of instability in large parts of the country and the dire socio-economic situation that most Congolese citizens continue to endure. If they act wisely, they at long last have a chance to do that.