Early electoral campaign in the DRC: Sanctions and regulations
The electoral campaign in the Democratic Republic of Congo (DRC) is governed by a strict legal framework. However, the question of early electoral campaigning is subject to many questions. Indeed, the Congolese legislator has not yet clearly defined this notion nor specified the sanctions provided for those who engage in it. In this article, we will address the subject of the early electoral campaign in the DRC, its legal framework, the potential sanctions as well as the issues that arise from it.
Early election campaigning can be defined as a series of coordinated and systematized actions undertaken by a candidate with the aim of obtaining voter support for his or her political ideas or program outside the legal election campaign period. This practice raises important questions about its impact on the transparency of the electoral process and equality of opportunity between candidates.
The electoral calendar in the DRC sets the electoral campaign period from November 19, 2023 to December 18, 2023 for the upcoming general elections. Any electoral campaign conducted before this period is therefore considered premature and illegal.
On a legal level, article 28 of Law No. 06/006 governing the organization of elections in the DRC stipulates that the electoral campaign is authorized a maximum of thirty days before the date of the poll and ends twenty-four hours before this date. In addition, article 37 of the Implementation Measures of Law No. 06/006 specifies the duration of the electoral campaign depending on the type of election. It is thirty days for the presidential and legislative election, fifteen days for the election of municipal, sectoral and chiefdom councilors, and three days for indirect ballots.
However, despite these regulations, early electoral campaigning remains a common practice in the DRC and poses legal challenges. Indeed, the penalties provided by law for those who engage in an early campaign are relatively light. Article 80 of Law No. 15/001 of February 12, 2015 provides for fines ranging from 200,000 to 2,000,000 Congolese francs for any person in violation. In addition, the Superior Audio-Visual Council (CSAC) may object to the broadcast of early electoral campaigns if they violate legal provisions regarding campaign deadlines.
However, there is a need for stronger sanctions to deter candidates and political parties from early election campaigning. A campaign carried out outside legal periods can distort the democratic process by giving an undue advantage to candidates who practice it. Additionally, it may also impact the transparency and fairness of the electoral process..
The early electoral campaign in the DRC therefore raises important issues regarding the need to strengthen the legal framework and establish more dissuasive sanctions. Congolese authorities must take steps to clarify the definition of early electoral campaigning and strengthen sanctions to ensure a transparent and fair electoral process.