Elections in DR Congo: Who Loses Wins or Who Wins Loses?

Hermann-Habib Kibangou
Independent Researcher and Author

President of the Congo Joseph Kabila. Credit: a katz/Shutterstock

For lovers of the French game “Jeu de Dames,” one would think of the version "who loses wins.” Is this African democracy? Those in power have to answer with concrete and edifying examples. In such a case, one must have the courage to integrate into our Constitutions the right to cheat, the right to theft, the right to co-optation, the right to lie. If all this is done, our African elections would hardly be denounced; the winners would be elected without social tension, or any contestation; injustice will give way to justice. But as long as the dictionary of falsehood borrows its words from the lexicon of truth, it is to be feared that we will still be in the midst of these divisions which will only delay the development we wish for our countries.[1]

The Democratic Republic of the Congo (DRC), country located in central Africa, was established as an official Belgian colony in 1908, the largest Francophone country in Africa gained its independence in 1960, but has been marred by political and social instability caused by massive refugee crisis and the spillover from the 1994 genocide in Rwanda.[2] The DRC has struggled to recover from a series of conflicts that broke out in the 1990s, creating a protracted economic and social crises throughout the country.  Expected since late 2016, the presidential and legislative elections in the Democratic Republic of the Congo finally took place, after several postponements, on December 30, 2018. The provisional results given by the Independent Electoral Commission (CENI) were confirmed by the Constitutional Court on January 19, 2019, leaving the Congolese voters, the international community, and the observers at the polling stations puzzled. Hence the many reactions we are witnessing today.  There remain significant issues: the serious doubt about the results, the snub received by the African Union (AU), the hidden stakes of a power that must leave but wants to stay, the lack of a real political will, etc. Once again, the issue of separation of powers in post-colonial African country remains a major issue, especially in Central Africa.
 
I. All-round Reactions!

Following the proclamation of the partial results of the elections in the DR Congo, the local and foreign press did not hesitate to share what it had seen. One of the reports is that of Belgian journalist Colette Braeckman. In her editorial she first notes that the slowness with which the Independent Electoral Commission haddeliberated "before communicating the results of the presidential elections had already provided something to worry about. And one could suspect that the ‘draw’ giving victory to a third ‘man’, opposition leader Félix Tshisekedi, was less a result of a mere counting of votes than of a much more political arithmetic ... "[3]
 
These remarks show an aspect of politics in Central Africa where, when there are elections, there is a delay in the publication of the results, combined with an interruption in the Internet connection.  If this delay were used as a technique against the eagerness of incumbents to divert the coffers of the State, several countries in Central Africa would emerge from their current state of impoverishment. In the countries of this sub-region of Africa where there have been elections, the scenario has been ever the same: delay in the publication of election results and the interruption of the Internet. On the other hand, in West Africa, when there have been similar elections, the announcement of the results has not taken so long. What would justify the delaying of the results and the shutdown of the Internet other than the undeclared or hidden reasons of those who organize these elections and are afraid to lose them for reasons that only their conscience knows? One wonders why some "democracies" in Africa prefer to deliberate in "the night" while others have opted for the "day"?
 
II. Contested Electoral Results

A stronger reaction was that of the National Episcopal Conference of Congo (CENCO) which, present in all the territory of the Congo, had mobilized more than forty thousand observers, distributed in all the polling stations. Thanks to this work, CENCO claims to know the winner of the Presidential elections. Even if CENCO does not say his name, everything suggests that it is Martin Fayulu, this name that many music lovers have already heard in the compositions of some stars of Congolese music. The data from CENCO, a joint TV5 Monde, Radio France Internationale (RFI) and Financial Times survey done in collaboration with the Congo Study Group, a research institute of the University of New York, credits Fayulu with 62.8%, Shadary (17.99%) and Tshisekedi (15%).[4] According to some, if CENCO has not given the name of the winner, it was in order to "neutralize the violence."[5]Others argue that "it has the means, but does not have the right to proclaim the winner."[6] If the Church has the vocation to lead the faithful spiritually, it also has the vocation to criticize society, without forgetting to engage in self-criticism. Those who think that the Church does politics by taking positions on social issues have understood nothing of her mission. Should we blame the Church for having schools, hospitals, and universities where the state has failed in its mission? Given this reaction of CENCO, a question persists: should we change the results of an election for one reason or another? The doubt of CENCO is also shared by other organizations such as the African Union. The joint communiqué of the meeting of Thursday, January 17, 2019, between the African Union (AU), the Southern African Development Community (SADC), and the International Conference on the Great Lakes Region (ICGLR) expressed to the supreme magistracy serious doubts about the results announcing the victory of Felix Tshisekedi. But, against all odds, the Constitutional Court confirmed the results of the Independent Electoral Commission (CENI).
 
Another reaction is that of the Congolese Jesuit (DR C) Emmanuel Bueya who, in a short, very evocative text, wrote, "The lust of the presidential chair corrupts consciences and distorts judgments. In the end by understanding the cunning for [legitimate] strategy and by elevating the lie to the status of virtue."[7] This reaction shows how important it is to recognize in our societies the role of ethics. Without ethics, our societies will go from bad to worse. And the African Union, which wanted to play the role of doctor after death, should be aware of this at the risk of calling into question its existence.
 
III. A Snub for the African Union (AU)

According to some observers, the AU delegation that was supposed to go to Kinshasa (composed of Paul Kagame (President of Rwanda), Moussa Faki Mahamat (Chairman of The African Union Commission), HageHeingob (President of Namibia), Edgar Lungu (President of Zambia), and Cyril Ramaphosa(President of South Africa) wanted to ask Joseph Kabila either to declare the real winner of the elections or to proceed to new elections, this time with the participation of Jean-Pierre Bemba (Former Democratic Republic of Congo Vice-President) and MoïseKatumbi (Former Governor of the DRC's Katanga province and Opposition leader). The fact that the Constitutional Court took the lead by proclaiming the results two days before the arrival of the delegation shows the determination of Joseph Kabila, the former President of the Democratic Republic of the Congo, not to yield. The irony in all this is that, among the heads of state gathered in Addis Ababa, there are some who lost the elections in their countries without the international community questioning the results. Is it perhaps because the issue of elections in the DR Congo is of an entirely different dimension, given its geostrategic position and its many natural resources? If it is true that another candidate of the opposition won the elections, then what would justify the confirmation of the results of the CENI by the Constitutional Court? If the aim of this AU delegation was to convince the Constitutional Court to suspend the proclamation of the final results, it is understandable that the AU delegation gave up the trip to Kinshasa.
 
IV. Hidden Issues

Undoubtedly, several issues are present in the Congolese version of democracy. The main issue is Joseph Kabila's remaining in power. The proclamation of the results shows that, although his party lost the presidential election, he won the legislative elections. This gives the former ruling party the possibility of "staying in power."[8] In this sense, Joseph Kabila would escape any prosecution that might await him and those around him. If Martin Fayulu were to take control of the DR Congo, his fight against the impunity of the government would foretell the fate of his predecessor. The numerous economic scandals of which Joseph Kabila and his entourage are accused might also be the reason for his stubborn refusal not to let go of power so easily. Hence his refusal to recognize the real winner. Another issue, no less important, concerns the sworn enemies of Joseph Kabila, who are Jean-Pierre Bemba and MoïseKatumbi. Given that the former was acquitted by the International Criminal Court (ICC) of the charges against him, after several years in detention, he remains a serious opponent, probably because of his popularity. As for Katumbi, his legal disputes with the power of Kinshasa look like a detective film. A former collaborator of the regime and having become its fiercest opponent, Katumbi scares the Kabila regime. Also, his being put on the shelf takes on the appearance of punishment for a significant member of the family who decided to leave the ship to go it alone. In other words, for the Kabila regime, to accept Martin Fayulu, the opposition and Presidential Candidate in Democratic Republic of Congo 's victory would be to accept “a one versus three fight.”[9] Hence the choice of cunning: choosing, as some observers say, "a third man" in the person of Felix Tshisekedi. The chronicle of the comedian from Niger, Mamane, on Radio France Internationale, also says a lot about inventiveness in Gondwana,[10] with expressions like "President remaining," "President appointed," "President negotiated." And the evocation on Youtube, of a video showing Kabila (married) and Tshisekedi in a wedding dress is a strong symbol interpreting the choice of this "third man". Once again, this is the scenario of a power that must leave, but at the same time wants to stay.
 
Kabila wants to leave, but at the same time he wants power. Even though he has lost the presidential elections, he retains the legislative power his party won. "I do not say goodbye. I'll see you soon," he said at the 38th SADC Summit of Heads of State in August 2018 in Windhoek, Namibia.[11]
 
V. The "Three Men"

For those who read The Spiritual Exercises of St Ignatius of Loyola,[12] the attitude of the leaders who have been in power in DR Congo, even in Central Africa, is reminiscent of the "Meditation of the Three Men."[13] This is the story of three who have acquired wealth (a large sum of money) in a dishonest way but want to go straight to heaven at the same time. The first man would like to discard the attachment he has for wealth, but he cannot afford it. This man is reminiscent of the year 2016 when the elections were to take place. Those in power in Kinshasa had not taken the means to organize them. The second man wants to discard the attachment (his love of power), but while keeping the power. Kabila wants to leave, but at the same time he wants power. Hence, he celebrates his wide victory in the legislative elections, even though he lost the Presidential election. “I do not say goodbye. I'll see you soon."[14] Here we are. As for the third man of the Ignatian meditation, he wants to remove attachment and therefore to be free with regard to either having or not having wealth (power).[15] In Africa, very few men arrive at this stage. Some names, however, come to mind: Léopold Sédar Senghor, the Senegalese poet, politician, and cultural theorist, Nelson Mandela, the Former President of South Africa, to name but two.
 
VI. Need for a New Political Class

It must be recognized that for several decades, the countries of Central Africa have been going through difficult times. The many governments that have succeeded each other in the sub-region have not been made of politicians but of impolitic men who, most of the time, do business, to the destruction of the respective economies of their countries. In other words, these are politicians not worthy of the name. Instead, we are dealing with businessmen people who steal, kill and loot, living on the backs of the people. Unfortunately, we are in a context where politics follows the logic of the pharmaceutical industries. Political products are like pharmaceutical products, with a date of manufacture and a date of expiration: crafting the constitution, promising freedom, using a language that smells and stinks of lies, etc. All this with an expiration date. The results of the elections are more and more like tablets whose packaging tells you the date of manufacturing and expiration. So what makes us think of democratic tablets? These pseudo-politicians compel the population to drink the results as tablets. Where are we going?
 
And, as if that were not enough, we hear a violent language. If democracy calls for war, we must seriously think about it. Where do we go with this vocabulary of violence and shame? It is on the verge of moral and ethnic terrorism.[16]

VII. A Cunning Laboratory

With these elections in the Congo, history will no doubt hold that Central Africa has become the new laboratory of African political trickery. In this version of a laboratory of democracy which we find in Central Africa, shame, honor, and the respect of the population are words spoken in vain; alas, they are also considered evils! The political cunning now borrows an apolitical vocabulary (indifferent to politics, out of politics) and, worse, an ahistorical vocabulary (unrelated to history, devoid of historical context). Like a game, it can become dangerous.
 
This game looks like "who loses, wins" or "who wins, loses,"[17] and it will eventually be tangled up in its own results. By borrowing its vocabulary from this game, democracy in Central Africa certainly has "the right" to change "the pawns of the game" or to change the votes of voters (supported by documents) for other imaginary votes. But what this game will never do is to change the story of the facts as they unfold. Do those who voted really forget for whom they voted? And, as the late Papa Wemba recalled in one of his songs, mixing French with Lingala:[18] "Lisituale e ohh, bachangeaka, yangote oh:"[19] "We do not change the story of the facts."[20] If, in this part of the world called Central Africa, we are witnessing all this deceptive play, it is because those who cling to power have lost the true meaning of things. The Cameroonian sociologist J-M Ela, is probably right to say, "In the crisis of understanding that modern societies go through, man runs without knowing where he is going, but, like Nietzsche's fool, he runs anyway."[21]
 
In societies like ours, which have chosen deliberately to forget the landmarks, life ends up becoming morose, because a life without landmarks is like a viper; she is dangerous. Unfortunately some of our politicians are vipers for their countries and their people, that is to say, these politicians are thieves masquerading as elected leaders.
 
About the Author

Hermann-Habib KIBANGOU, PhD Candidate in Sociology at the Gregorian University (Rome, Italy).

References
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[1] Hermann-Habib Kibangou, “The Reversal of African Democracy” (October 1, 2017). Available at SSRN: https://ssrn.com/abstract=3147425 or http://dx.doi.org/10.2139/ssrn.3147425

[2]Council on Foreign Relations. (2019). Violence in the Democratic Republic of Congo.   Retrieved from https://www.cfr.org/interactives/global-conflict-tracker#!/conflict/violence-in-the-democratic-republic-of-congo

[3]Braeckman, Colette 2019. "RD Congo: valider la tromperie ou la démocratie." lesoir.be, accessed  Jan. 16. https://plus.lesoir.be/200793/article/2019-01-16/rd-congo-valider-la-tromperie-ou-la-democratie.

[4]Taoufiqi, Ilhame. 2019. "Elections en RDC : Martin Fayulu est-il le vrai vainqueur?". TV5MONDE, accessed Jan. 15. http://information.tv5monde.com/afrique/elections-en-rdc-martin-fayulu-est-il-le-vrai-vainqueur-279963

[5] This is the point of view of those who think why CENCO did not give the name of the elected person. 

[6] While others think that it is not the role of the Church to proclaim the results of the elections.

[7] Emmanuel Bueya, “Au-delà des urnes, la conscience… ». "La convoitise du fauteuil présidentiel corromp les consciences et fausse les jugements. On finit par prendre la roublardise pour de la stratégie et par ériger le mensonge en vertu." See : https://blogs.mediapart.fr/freddy-mulongo/blog/220119/rdc-au-dela-des-urnes-la-conscience

[8] Given the fact that Kabila’s party lost the Presidential elections and won the Legislative ones.

[9] This would have been the scenario as Fayulu President of DR Congo, with Bemba and Katumbi supporting him.

[10] Imaginary country located in Sub-Saharan Africa.

[11]Africanews Français. 2018. "Je ne vous dis pas au revoir, mais à bientôt" - Joseph Kabila à ses pairs de la SADC. Accessible from https://www.youtube.com/watch?v=kBxJa52LuOY.

[12]Ignace de Loyola, Exercices Spirituels. Ed. Desclée de Brouwer, Paris, 1986, pp. 97-99.

[13]Ignace de Loyola, Exercices Spirituels. Ed. Desclée de Brouwer, Paris, 1986, pp. 97-99.

[14]Africanews Français. 2018. "Je ne vous dis pas au revoir, mais à bientôt" - Joseph Kabila à ses pairs de la SADC. Accessible from https://www.youtube.com/watch?v=kBxJa52LuOY.

[15]Ignace de Loyola, Exercices Spirituels. Ed. Desclée de Brouwer, Paris, 1986, pp. 97-99.

[16] Ethnic terrorism refers to a way of doing politics in a zero-sum way, where if one is not of one’s ethnic group they are seen as an adversary, even an enemy. In the words of Benjamin Reilly, “Democracy is inherently difficult in societies with deep ethnic cleavages. Elections in such societies can encourage extremist ethnic appeals, zero sum political behavior and ethnic conflict, and consequently often lead to the breakdown of democracy.” See Benjamin Reilly, Democracy In Divided Societies. Electoral Engineering For Conflict Management. Cambridge University Press, Cambridge, 2004, p. i.

[17] See: Kibangou, Hermann-Habib, “The Reversal of African Democracy” (October 1, 2017). Available at SSRN: https://ssrn.com/abstract=3147425 or http://dx.doi.org/10.2139/ssrn.3147425

[18] Bantu language spoken throughout the northwestern part of the Democratic Republic of the Congo as well as in Kinshasa, and in the western part of the Republic of the Congo (Congo-Brazzaville) as well as in Brazzaville.

[19] Papa Wemba, O’Koningana. Clip Officiel. See: www.Youtube.com

[20] Our translation from Lingala/French to English.

[21]Ela, Jean-Marc, « Au-delà du transfert de technologie ». In Terroirs. Revue Africaine de Sciences Sociales No 001-Mai 1992, p. 94.