DRC: Independent Electoral Commission
Updated July 2007
Post-Transitional Independent Electoral Commission
When the post-transitional Commission Electorale Indépendante (CEI, Independent Electoral Commission) is established, it will derive its existence and mandate from the post-transitional Constitution of 2005, Article 211. This lays out the functions of the CEI as the organization of the electoral process, including voter registration, the maintenance of voters' rolls, voting operations, vote counting, the announcement of provisional results and the conduct of referendums. It further prescribes that the organisation and functioning be determined by an organic law; such a law has not yet been passed by the legislature.
Transitional Independent Electoral Commission
The Transitional Commission Electorale Indépendante (CEI, Independent Electoral Commission) was established by the Draft Constitution of the Transition (2002, Articles 154 - 160) and was guaranteed independence of action. The structure and functioning of the CEI was governed by Law No 04/009 of June 5, 2004. It adopted a Code of Conduct for itself (Téléchargez le code de bonne conduite, [www] http://www.cei-rdc.org/cdb.pdf (page off-line 22 Oct 2007).
Composition and term
The IEC was composed of 21 members, 3 drawn from each Component (the Government, the Political Opposition, the RDC and the MLC) and two each from the remaining Entities that are party to the Inter-Congolese Dialogue; it was chaired by a representative of Civil Society. At least one representative from each component and entity had to be a woman. The term of the IEC expired with the transition (Law No 04/009, Article 8, 11).
The IEC was composed of the following organs on the national level:
- The Plenary Assembly. This was the organ of the IEC responsible for policy making and for the monitoring of the other organs (Law No 04/009, Articles 13, 15-16).
- The Office. This organ was responsible for decision-making and for the management of referenda and elections (Law No 04/009, Articles 13, 18).
- Special commissions. These were set up on an ad hoc basis to deal with specific technical tasks (Law No 04/009, Articles 13, 16).
The provincial offices were composed of eight members, of whom two had to be women, one each nominated by the Components and Entities. They were responsible for the execution of electoral operations under the supervision of the Office. At a local level staff were recruited by the provincial offices (Law No 04/009, Articles 13, 18).
The Office members
The following were the members of the IEC's Office (CEI 2004):
- Abbé Apollinaire Muholongu Malumalu (President)
- Madame Marie Rose Mika Ebenga (1st Vice-president)
- Monsieur Norbert Basengezi Katintima (2nd Vice-President)
- Monsieur Crispin Kankonde (3rd Vice-president)
- Monsieur Dieudonné Mirimo Mulongo (Rapporteur)
- Madame Carole Kabanga Koy (1st Assistant Rapporteur)
- Monsieur Charles Kabangu Tshibitshibi (2nd Assistant Rapporteur)
- Madame Marie-Rose Kambere Kavira (3rd Assistant Rapporteur)
CEI 2004 "Composition de Commission Electorale Independante", [www] http://www.cei-rdc.cd/spip.php?rubrique4, [opens new window] (accessed 8 Mar 2010).
Constitution de la République Démocratique du Congo 2005, [www] http://www.presidentrdc.cd/constitution.html [opens new window] (accessed 8 Mar 2010).
DRAFT CONSTITUTION OF THE TRANSITION 2002, Democratic Republic of Congo Inter-Congolese Dialogue, [www] http://www.issafrica.org/AF/profiles/DRCongo/cdreader/bin/7draft.pdf [PDF document, opens new window] (accessed 8 Mar 2010).
LAW NO 04/009 of June 5, 2004 governs the structure and functioning of the IEC.
Loi No 04/009 du 5 Juin 2004 portant organisation, attributions et fonctionnement de la Commission Electorale Independante.
La Commission Electorale Indépendante: http://www.cei-rdc.cd/, [opens new window].