There was no white smoke from the city of the African Union. The recommendations of the thematic commissions presented to the plenary and below the final political agreement of dialogue doesn’t have all the assured components. Each of them, especially the presidential majority and the opposition, just covered nearly, collided again on entrenched positions. What about respect for the constitution, after December 19, the Prime Minister and the backbone of the Government in the case of a transition? What about the electoral calendar and the restructuring of INEC?
Should it be published before or after the dialogue? That, in a sentence fragments, the materials on which ink and saliva flow freely behind the ongoing negotiations on the sidelines of the dialogue under the auspices of Kodjo, the facilitator designated by the African Union and supported by a group of International community.
The peace pipe is far from being smoked by the parties to the talks convened by Edem Kodjo in Congo DR . Beyond the issue of revision of the electoral register and the sequence of elections, irritants remain. ” There will be no agreement without dates of elections and transfer of power ” for Kamerhe. The facilitator should have, more than once, held consultations to seek consensus on subjects problem, informed a source.
What happens after 2016
It is now certain that President Joseph Kabila remains in office, according to the judgment of the Constitutional Court concerning interpretation of Article 70 of the Constitution of the Democratic Republic of Congo. Some critics have objected to this option, relying on the provisions of Article 220 and the first paragraph of Article 70 of the Law of the laws of Congo – Kinshasa.
But, finally, the legal argument of the judgment of the unassailable and irrevocable Court would be imposed, not without difficulty. By accessing this, the Opposition component would require to hold the Prime Minister, during the establishment of the Government, which must accompany the Independent National Electoral Commission in organizing the elections, according to the timetable to be agreed in the dialogue. On this point, the Presidential Majority would like the constitution to be respected in this matter, namely, that the Prime Minister is from the parliamentary majority. The Opposition wants to share the sovereign positions fairly. The political family of President Kabila, according to sources, is of the view to concede part and not to make a fifty-fifty split.
CENI and the electoral calendar
In exceptional circumstances, exceptional procedures, INEC should, before the end of the dialogue, meet to decide on the election schedule ”, said a representative of the opposition. Indeed, the Opposition component wants the election date and therefore, the alternation is known in advance by the public. This serait- there, for them, the great achievements of the dialogue. The Majority is, for it, attached to the independence of INEC. That, pursuant to Article 9, paragraph 5 of the Organic Law number 10/013 of 28 July 2010 on the organization and functioning of this institution in support of democracy. If Nangaa Corneille seems now out of reach for the sake, perhaps, maintain the momentum already begun by the CENI, it is likely that several secondary heads fall. This provision could be cast in the final agreement.
If the majority in place failed in managing the country to meet the provisions of the Constitution, what will it be to those of a political compromise out of an extra-constitutional framework? The question cogitée by opponents pushing to require safeguards in relation to the agreement to be signed in the coming days in the city of the African Union. Hence, for Kamerhe and his group, he should be declared as unavailable any attempt to revise the constitution to break the momentum out of the dialogue and also that international facilitation support group is converted into committee monitoring of the Agreement of these talks.
At the rate things are going, it becomes unthinkable to expect that the closing of this dialogue intervene today as originally planned.
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