04 02 12 – “U.S. Policy Toward Post-Election Democratic Republic of the Congo”
Good afternoon Chairman
Smith, Ranking Member Payne, and honorable
Members of the Committee.
Assistant Secretary Carson sends his regrets that he
could not be here today. I
appreciate the Committees willingness to accept me as
a witness in his place.
Thank you for this
opportunity to testify before you concerning the post-
election situation in the
Democratic Republic of the Congo, or the DRC, and U.S.
policy toward the DRC in the
aftermath of a seriously flawed presidential election
and the ongoing challenges
with respect to legislative elections. We are very
concerned about the many
problems that have come to light regarding the conduct
of these elections and are
seeking ways to ensure that these problems do not divert
the country from the path
toward lasting peace and stability based on democratic
principles. Today I would
first like to briefly share our understanding of the
context in which these recent
elections were held. I will also very briefly outline
U.S. pre-election efforts to
help set the stage for free and fair elections in the DRC.
Finally, I will address the
effect of these flawed elections on our efforts to promote
democratic principles and
long-term stability in the DRC.
The importance of the DRC to
the United States is multifaceted and
profound. Our humanitarian
obligations to this country that has brutally suffered
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so much drive our policy and
underpin our commitment to the Congolese people.
Moreover, the stability of
central Africa in the near and long-term depends on the
still precarious stability of
the DRC. If the country returns to the 1993 to 2003
levels of violence, all the
countries in the region could yet again be involved,
leading to humanitarian
crises and regional instability.
The DRC's turbulent history
has never allowed it to live up to its economic
promise nor has it been able
to achieve the peace and stability its people
desperately need and seek.
The Congo's problems center around a lack of
functioning state authority
throughout much of the country. The state lacks the
capacity to provide basic
services such as health care, education and infrastructure.
The justice system and
bureaucracy are weak and lack capacity leaving them
dysfunctional and lacking in
power. The security forces are frequently
undisciplined and often
ill-equipped, poorly trained and irregularly paid.
Corruption is widespread and
impunity is the norm. The problems are huge and
pervasive.
It is in this context that
the DRC held its second democratic election since
the end of the Mobutu era.
These were also the first elections wholly organized
and directed by the Congolese
themselves since independence. Unlike in 2006,
when the elections were
largely managed by the UN and others in the international
community, this time the
international community played a supporting rather than
a leading role.
There were numerous problems
with the elections, beginning with an
abbreviated preparation
period. The November 28, 2011 elections did not begin in
earnest until last March when
the National Independent Electoral Commission — or
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CENI — was established,
allowing just eight months to mount a national election in
the largest country in
Sub-Saharan Africa, a country the size of the United States
east of the Mississippi River
with a population of 71 million and almost no
infrastructure. With very
few roads, a dilapidated and limited rail system, and poor
telecommunications, the
logistical challenges alone were enormous. Further, in
one of the poorest, least
literate countries in Africa — despite its vast resources and
great potential — the
management, technical, and human resource challenges
associated with establishing
more than 63,000 polling places and 169 counting
centers were equally
daunting. Under these circumstances problems were
inevitable.
Both national and
international observer missions, including the U.S.-funded
Carter Center observer
mission, identified multiple flaws and irregularities in the
election process, beginning
with the registration process and continuing through
the vote tabulation process.
The State Department has found the management and
technical execution of these
elections to be seriously flawed, lacking in
transparency and not on a par
with positive gains in the democratic process that we
have seen in other recent
elections in the region and elsewhere. The Secretary of
State noted that we were
deeply disappointed that the electoral commissions
provisional results were
affirmed by the Supreme Court without a full investigation
of alleged irregularities,
despite opportunities to do so.
Eleven candidates vied for
the presidency and almost 19,000 candidates
competed for 500 seats in
parliament. The CENI announced the provisional
presidential results on
December 9, declaring the incumbent, President Joseph
Kabila, the winner with
approximately 49 percent of the vote. Second place went
to the leading opposition
candidate, Etienne Tshisekedi, with 32 percent of the
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vote. On December 20, 2011,
President Kabila was sworn in for his second five-
year term in office. It is
important to note that we do not know, and it might not be
possible to determine with
any certainty, whether the final order of presidential
candidates would have been
different from the final results had the management of
the process been better.
Mr. Tshisekedi and his
supporters have refused to accept defeat, going so far
as to hold their own
swearing-in ceremony declaring that he is the rightful winner
and, therefore, President of
the DRC. In the run up to the election, Mr. Tshisekedi
made several inflammatory
statements, including declaring himself president
before the elections and
calling on his supporters to ―terrorize‖ the security forces
and to break his partys
political detainees out of jail. Currently, Mr. Tshisekedis
home remains surrounded by
police and his movements are severely restricted.
Since the election, he has
made calls for the public to mobilize against the Kabila
government. Most recently he
called on the Congolese people to stage a general
strike this past Monday.
While he continues to be very popular within his
constituency and many
supporters turned out for his parallel inauguration, his calls
for general mobilization have
fallen flat. Still, Mr. Tshisekedis political party
remains the strongest
opposition party in the Congolese landscape and it is
important that its voice be
included in the political dialogue.
This election clearly fell
far, far short of internationally-accepted election
standards in many ways, but I
cannot complete my discussion without also
acknowledging a few
significant accomplishments represented by these elections:
1. Unlike in 2006, the government of the DRC was
responsible for the
majority of the financing of
these elections, an important first step.
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2. The CENI registered over 32 million voters—some
in virtually
inaccessible areas of the
country— an important feat as the voter card
serves as the countrys
principal identity card.
3. Over 18 million voters endured admittedly
difficult conditions –
including long distances to
polling places on unpaved roads and heavy
rains — to cast their votes.
4. The significant voter turnout on November
28th and enthusiasm and
interest for these elections
were clear demonstrations of the
determination of the
Congolese people to have their voices heard through
the democratic process.
The United States supported
the election process throughout, both through
diplomatic engagement and
programmatic assistance aimed at civic education to
prepare the Congolese people
to participate actively and productively in these
elections. Since FY 2009, we
have provided approximately $11.4 million to the
International Foundation for
Electoral Systems (IFES) for civic and voter
education activities. In
FY2010, we provided approximately $4 million to The
Carter Center for training
some 6,000 election observers. We also provided
training in crowd control as
well as non-lethal equipment to the Congolese
National Police as part of
efforts to professionalize their conduct leading up to and
following the elections.
We met continuously with all
of the major candidates throughout the
election cycle. We have
advocated and continue to advocate that all Congolese
political leaders and their
supporters act responsibly, renounce violence and
resolve any disagreements
through peaceful, constructive dialogue. We also
deployed observer teams from
the U.S. Mission in Kinshasa in each of the 10
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provinces and Kinshasa,
allowing us to conduct first-hand observation of the
election process across a
wide area of the DRC.
We continue to coordinate our
efforts with international partners on the
continent, including the UN
Organization Stabilization Mission in the Congo,
known as MONUSCO, which
played a key role in providing logistical support for
the elections. It was our
diplomatic efforts — taken in conjunction with other
donors — that were decisive
in providing some degree of transparency in the
tabulation process by
demanding the CENI provide the data from the individual
polling stations that
eventually revealed the extent of election flaws.
Congos neighbors and other
countries in the region remain concerned about
the political aftershocks in
the DRC and look for a political solution that will keep
the country and the region
stable. The fact that only one head of state from any
continent — Zimbabwes
Robert Mugabe — attended Kabilas December 20th
inauguration speaks volumes
about the level of international concern about the
elections. President Kabila
has publicly acknowledged that there were, quote,
"mistakes," unquote, in the
process but has reportedly rejected any assessment that
the results would have been
any different were the process more credible.
Since the presidential
election results were announced, we have spoken with
President Kabila, Mr.
Tshisekedi, the CENI chair Pastor Mulunda, along with
many other Congolese leaders
of political parties and civil society organizations.
We meet regularly with
Congolese political party members and diaspora leaders in
Washington, Kinshasa,
Brussels, and elsewhere. We value the input of these
varied political actors and
respect and admire their dedication to democratic
principles. Our ongoing
conversations with these Congolese leaders as well as our
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international partners and
our analysis of reports on the elections by The Carter
Center, the EU, and our own
election experts are helping us assist Congolese actors
in determining the best way
forward with respect to these elections.
We continue to urge the
relevant Congolese authorities to complete the
remaining steps in the
legislative electoral process by proceeding with maximum
openness and transparency.
This is especially important for the 500 National
Assembly seats, where, unlike
the presidential elections, a small number of votes
can determine the winner.
To coordinate our efforts in
the DRC and the region on December 9
Secretary Clinton announced
the appointment of Ambassador Barrie Walkley as
the new Special Advisor for
the Great Lakes Region and the DRC. As we speak,
Ambassador Walkley is in the
region. He spent last week in the DRC focusing on
armed groups and conflict
minerals issues. He also went to Rwanda and Burundi.
In addition, Ambassador
Walkley is convening a group of European partners here
in Washington next week to
further discuss the way ahead in the DRC and the
region. He also will be
available to meet with Committee members about his
initial travel in Central
Africa as the Special Advisor.
The United States and its
international partners can play an important role in
the future of democracy and
stability in the Congo and the region. To move
forward and consolidate any
modicum of democratic gains, the United States
Government presently is
exploring how to best help the Government of the DRC
improve its electoral
architecture. Elections, however, are but one part of
democracy and governance.
There also needs to be increased space for political
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participation. We are
determining both short-term and longer term ways in which
we can assist.
In addition, as a way of
moving forward, we support the formation of an
inclusive DRC government.
There are many democratic benefits to an inclusive
government. Giving the
opposition a voice will assure their stake in government
operations and will advance
the broader goal of political inclusion and stability.
We are not advocating a
coalition government in encouraging this inclusivity.
Finally, an expected delay in
the Provincial Assembly elections originally
scheduled for March may allow
time for the CENI to implement reforms based on
the lessons learned from the
presidential and legislative elections. These elections
are crucial, as the members
of the Provincial Assemblies elect the members of the
Senate and the governors of
the provinces.
In addition to the current
political situation, there are other elements that are
essential to addressing the
concerns about the long-term stability of the DRC. One
of those critical elements is
to counter the threat of rebel armed groups and
establish sustainable
security, something that has eluded the country for decades.
We continue to work closely
with the people and government of the DRC on
enhancing the protection of
its civilian population through professionalization of
the police and the military.
Combating the Lords
Resistance Army (LRA) continues to be a particular
priority for us. The LRAs
atrocities are an affront to human dignity and a threat to
regional stability. In line
with the legislation passed by Congress in 2010, we are
pursuing a comprehensive,
multi-year strategy to help our partners in the region to
better mitigate and
ultimately eliminate the threat to civilians and regional security
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posed by the LRA. A key part
of this strategy is the deployment of a small
number of USG military
advisors to enhance the capacity of the regional militaries
pursuing the LRA to better
bolster civilian protection, expand early warning
networks, and address the
humanitarian needs of communities terrorized by the
LRA. The United States will
continue to stand with the people and governments of
Africa as they stand up and
work together to end the LRAs reign of terror, and
establish sustainable peace
and security. Doing that is on the right side of history,
on the right side of our
values, and on the right side of our strategic interests.
We are also concerned about
the illicit trade in the DRC's natural resources.
Unregulated exploitation and
illicit trade in minerals have exacerbated the climate
of insecurity in the Eastern
DRC as armed groups have used profits from such
trade to fund their illegal
activities. We currently have approximately $11 million
in FY 2010 funds specifically
aimed at increasing the transparency and regulation
of the trade in key minerals
in the eastern DRC, much of which is conducted
illegally. We also recently
notified Congress of an additional $4.7 million in FY
2011 Complex Crisis Fund
resources that we will apply to promoting traceability
and monitoring in the
regional minerals trade.
Continued support for MONUSCO
and its efforts to help the Congolese
government bring peace and
stability to the country is also critical. We recognize
that sustainable peace and
stability in Eastern Congo will require professional and
accountable Congolese
security forces and a strong and independent judicial
system. To that end, in
addition to our own efforts to provide human rights
training to security forces
and strengthen judicial courts, we, along with the
European Union, MONUSCO and
other donors, coordinate efforts to strengthen
the democratic nature of
these important institutions.
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The United States is also
very much focused on other very important issues
in the Congo, several of
which relate closely to what I have already discussed
today. We want to help
strengthen good governance in the long term, promote
economic development, improve
human rights, support judicial and wider security
sector reform and end the
cycle of impunity. We recognize that there are a number
of significant challenges to
making meaningful and long-term gains in these areas.
However, the DRC and the
United States have a solid and positive
relationship and our
governments continue to engage at the highest level on a range
of issues that aim towards a
more democratic, peaceful and stable Congo.
Mr. Chairman and Members of
the Committee, thank you again for the
opportunity to appear before
you today. I will be happy to answer any questions.