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DRC: ‘Civil society is targeted by politicians who see it as an obstacle to their power’

JonathanMagomaCIVICUS speaks with journalist and human rights activist Jonathan Magoma about recent elections in the Democratic Republic of the Congo (DRC).

Jonathan Magoma is Country Programme Director and interim Executive Director of Partnership for Integral Protection (PPI), a civil society organisation that works for peace and the protection of human rights defenders in the DRC and the region.

How free and fair were recent elections in the DRC?

The presidential election of 20 December 2023 was held so as to show the world that the government conducted it within the constitutional deadline, but it was marred by fraud and irregularities.

The electoral process was neither free nor fair. In several districts, rebel groups imposed their choices. In the province of Ituri, in the northeast of the DRC, the Chini ya Tuna armed group forced people to vote for a candidate from their community. The militias even took away two voting machines so they could enter the votes themselves.

Towards the centre of the country, in Sankuru province, the brother of a Congolese dignitary set up a militia to disrupt the election and commit violence against agents of the Independent National Electoral Commission (CENI), simply because he couldn’t line up as a national deputy candidate when his party failed to reach the required threshold. His armed men quietly took away election kits as observers looked on helplessly.

Candidates also distributed gifts in polling centres to influence voters in their favour. Some candidates or their representatives were caught distributing money to voters on election day, which is illegal. In some centres some were arrested by the police, while others were not apprehended.

In the Kabare district of South Kivu, for instance, electoral materials were transported to polling centres in the vehicles of a political party that was a member of the presidium of Sacred Union of the Nation (USN), the coalition backing the candidacy of President Félix Tshisekedi. Observers and voters at the centre cried foul.

What were the basis of the opposition’s fraud allegations?

The allegations of fraud made by the opposition are legitimate. They are based on the fact that a number of politicians close to the government kept full electoral kits in their homes in order to vote fraudulently. Voting machines were discovered in private homes containing ballot papers already signed and filled out. As a result, in most polling centres there was a shortage of voting machines, leading people in some districts to revolt.

On 31 December, CENI published the provisional results of the presidential election, proclaiming Tshisekedi, the incumbent seeking a second term, as the winner. But five days after this, on 5 January, CENI invalidated the votes received by deputy candidates who had run in the national and provincial legislative elections and the municipal vote held on 20 December. Their candidacies were voided following numerous accusations of illegal possession of voting machines, fraud, destruction of electoral material, ballot box stuffing and incitement to commit acts of violence against CENI agents. The excluded candidates include three serving ministers, four provincial governors, six senators and a member of the bureau of the National Assembly. Almost all were USN members.

At the same time, the electoral commission announced the annulment of the election results in the districts of Masimanimba in Kwilu province and Yakoma in North Ubangi province on the grounds of ‘massive and exaggerated fraud’. Unfortunately, the decision had nothing to say about the highly contested presidential election. But how could such irregularities have occurred at all other voting levels and not at the presidential election that was held on the same day and with the same ballot papers?

This question gave rise to debate within civil society and, within the political opposition, it prompted several demonstrations to contest this ‘sham’ election and demand its annulment. But it was in vain: on 20 January, Tshisekedi was sworn in by ‘his’ Constitutional Court as president of the DRC.

How did civil society, and PPI in particular, try to make the election free, fair and peaceful?

In the run-up to the election, we launched awareness campaigns to promote a peaceful vote. We held advocacy actions with election stakeholders, getting them to adhere to democratic values guaranteeing fair, free, transparent and inclusive elections and to the need to guarantee civic space before, during and after the elections. We also trained civil society groups and journalists in election observation and media coverage.

We observed the polls and contributed to the resulting civil society report. However, this report was not taken into account by the relevant bodies.

I personally carried out observation in a village about 35km north of the town of Bukavu, where what are viewed as ‘observers in waistcoats’ are more or less respected and most CENI agents knew me. But for no reason, I was forbidden to spend more than 15 minutes in a polling station. In neighbouring centres, people complained about lack of access to polling stations. Some observers also complained. In my polling station, the voting machine was supposed to start at 6am but was not put into operation until after noon, which made voters angry.

We continue to monitor the situation closely and assist human rights defenders, journalists and others who have been threatened or prosecuted for playing important roles or exposing irregularities during the elections. PPI is currently supporting two journalists and a civil society activist who are being prosecuted by the prosecutor general’s office in South Kivu province for denouncing electoral fraud perpetrated by a politician close to the government. PPI provides activists under threat with legal and judicial assistance, along with psychosocial support and advice on physical and digital security. Where necessary, medical or financial assistance, or even support for relocation, is offered to activists at risk.

It must be noted that we are still in an election period, as elections for senators and governors have not yet taken place. Originally scheduled for February, CENI has postponed them and they will now take place in late March and early April. Meanwhile, civil society continues to be targeted by politicians who see it as an obstacle to their power.

What were the demands of protesters on election day, and how did the government respond?

On 20 December, some people in Beni and Goma could not stand the wait. When they arrived at polling stations early in the morning, they could not find their names on the lists posted outside. What’s more, some polling stations were not yet open. In some centres, only two polling stations out of 10 were open, or one out of eight. Rumours circulated about some candidates’ illegal possession of voting machines. All this led to spontaneous demonstrations, particularly in Beni, where one centre was vandalised.

In several districts, voting continued beyond closing time. The government acknowledged ‘logistical difficulties’ but praised CENI for the ‘successful’ organisation of the elections. Obviously, CENI was not up to the task of managing the logistics of the elections. It was then announced that voters would be allowed to cast their ballots the following day, and voting resumed in almost every centre in the DRC. In Bas Uélé province, voting lasted three days, from 20 to 22 December.

What are your expectations for the post-election period?

I remain pessimistic because I am convinced that the elections were not transparent, free, credible or independent. What’s more, less than half of potential voters turned out. This is a strong message for a president who has supposedly been elected with more than 73 per cent of the vote among those who are said to have voted.

In such a context, the legitimacy of the government will inevitably be called into question. Moreover, in December, former CENI president Corneille Nanga initiated a political-military movement allied with the M23 terrorist movement, which is supported by the Rwandan government and waging war in the east of the country.

In the post-electoral period, serious human rights violations are likely to occur, as was documented during Tshisekedi’s first five-year term, even though he had promised to make respect for human rights and democracy his priority.

Now that the ruling coalition has claimed an absolute majority in parliament, it is quite possible that it will start changing laws for its benefit, and even constitutional articles that were considered untouchable. This would create chaos and torpedo our hard-won democracy.

What should be done to strengthen democracy in the DRC?

At present, civic space in the DRC is repressed to the extent that it is virtually closed. Political rhetoric contradicts developments on the ground. Opponents are prosecuted and imprisoned for their opinions. Protesters are put down in a bloody way. Journalists such as Stanis Bujakera, Blaise Mabala, Philémon Mutula and Rubenga Shasha and many activists are persecuted and imprisoned for doing their job. We are intimidated, sometimes threatened and people are murdered.

If we are to have any hope of strengthening democracy in the DRC, we will have to hold the government to account for its internal and external commitments. The fourth cycle of the United Nations Human Rights Council Universal Periodic Review, due later this year, is a great opportunity for Congolese leaders to renew their commitment to democracy and respect for fundamental rights.

Global civil society and the human rights community must stand shoulder to shoulder with Congolese activists in the quest for democracy. This can be achieved through joint advocacy and lobbying activities, as well as capacity development and exchanges of experience.


Civic space in the DRC is rated ‘repressed’ by the CIVICUS Monitor.

Contact PPI through its website and follow @PPIREGIONALE and @JonathanMagoma on Twitter.

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