interim report
EISA observer Mission to the DRC Constitutional Referendum, 18 and 19 December 2005 (continued)

2.2 The Independent Electoral Commission (CEI)

The Independent Electoral Commission (CEI) is one of the main institutions intended to support the establishment of democracy in the DRC provided by Article 154 of the Transition Constitution, Chapters 4 and 5 of the Global and Inclusive Agreement, as well as the Law No. 04/009 of 5 June 2004 related to the organisation, goals and operation of this institution.

The CEI consists of 21 members, designated and appointed on a parity basis by the main components and entities that took part in the Inter-Congolese Dialogue, namely the ex-government of Kinshasa, the Liberation Movement of the Congo (MLC), the Congolese Rally for Democracy (RCD), the non-armed opposition and civil society.

The Mission noted that the configuration of the CEI is to some extent cumbersome and its size may possibly affect its efficiency and effectiveness. The Mission would like however to underline that the present composition is justified by the effort made to ensure the representativity of different political and social realities in post-conflict DRC.

Regarding financial and logistical resources, the Mission noted that the CEI budget is essentially subsidised by contributions from the international community. Given the importance of the current transitional process, the contribution provided by the Government of the DRC appears to be minimal and inadequate.

2.3 Civic and Voter Education

The CEI is responsible for the preparation, organisation, management and control of both referendum and electoral processes during the DRC transition period. Article 7 of the CEI Organic Law suggests that the Commission is responsible for translating and publishing the draft Constitution into the main national languages, as well as for submitting to the Congolese people verdict through a referendum. In addition, the CEI is responsible for implementing and co-ordinating voters' information programme for voters and civic education campaigns.

While acknowledging the fact that relevant laws and regulations establish the principle of shared responsibility between the CEI and all other actors involved in the Referendum and electoral processes, with regard to civic and voter education, the Mission noted that the Commission opted for a narrow interpretation of its prerogatives in this area, essentially confining itself to the publication of the draft Constitution.

The CEI informed the Mission of efforts it made in this regard, particularly the supply of copies of the draft Constitution to political parties and civil society organisations. Furthermore, the Mission noted the valuable effort by civil society and faith-based organisations to inform the Congolese people about voting procedures and the dissemination of the contents of the draft Constitution.

As for political parties, the Mission noted their constant complaint about the lack of financial resources, which would enable them to conduct effectively civic and voter education campaigns. The Mission would like to stress that, in a multiparty context, it is the responsibility of political parties to make the electorate, and their supporters in particular, aware of issues at stake and to secure the support of citizens for their policies and programmes. In this regard, the contribution of political parties to raising awareness of the draft Constitution has been inadequate and disappointing.