Title: Legislative elections in the DRC at the center of a legal controversy
Introduction :
The legislative elections scheduled in the Democratic Republic of Congo (DRC) in December 2023 are the subject of a lively controversy concerning the publication of the provisional list of candidates declared admissible and inadmissible by the Independent National Electoral Commission (CENI). The Center for Research and Studies on the Rule of Law in Africa (Creeda) raises material errors in the decisions of the Ceni, thus giving rise to challenges and calls for the rectification of the errors.
The admissibility threshold and the controversy:
According to the electoral law in force, political parties and groups must reach an admissibility threshold of 60% for their candidacies to be declared valid. However, the Creeda questions the justification of the Ceni which affirms that certain political groupings could reach this threshold taking into account reserved seats in certain constituencies affected by insecurity.
The Creeda points out that the Ceni does not have the discretionary power to derogate from the electoral law and asks the body to rectify the material errors by withdrawing the political parties and groups that have not reached the admissibility threshold, in order to strictly respect the law.
The appeal to the Constitutional Court:
The Creeda also highlights the importance of the Constitutional Court in respecting electoral law. If disputes over candidacies are brought before this body, it is up to the Constitutional Court to enforce the law and guarantee the fairness of the electoral process.
Assessment of the admissibility threshold:
Despite the establishment of the admissibility threshold with the aim of encouraging the formation of large political groups and avoiding the fragmentation of votes, Creeda notes that this has deprived many political parties and political groups of the right to participate in elections. . Moreover, parity political participation between men and women, although an essential objective, is far from being achieved, with only 17% of female candidates among the admissible candidates.
Conclusion :
The controversy surrounding the publication of admissible and inadmissible candidacies for the legislative elections in the DRC highlights the importance of respect for electoral law and the role of institutions such as the Ceni and the Constitutional Court. It is essential to ensure that the electoral process is transparent, fair and in line with democratic principles, guaranteeing the participation of all political actors and promoting the representation of women