Free and Fair Election Has Given Félix Antoine Tshisekedi a Second Term
Words like 'chaotic,' 'fraudulent' and 'shambolic' have been widely circulated by the international media to describe what readers should expect from national elections that began on December 20, 2023, in the Democratic Republic of Congo. On December 31, the final vote tallies were announced in Kinshasa by the Independent National Electoral Commission (CENI.) They showed that the current President, Felix Tshisekedi had garnered almost 74 percent or almost three-quarters of the vote.
Although the Constitutional Court still has to adjudicate any complaint about the results, this may only be a formality since given Tshisekedi's lead, it is clear that he will be the first ever Congolese President to be democratically elected for a second term.
DOCUMENT: Interim Report of the FICE International Election Observer Mission
Based on preliminary reports by several international observers specifically the President of SADC and the Carter Center, the election met the standards to be considered free and fair. Other long lines, common in national elections, there were no indications that the national elections were 'chaotic,' 'fraudulent' and 'shambolic.'
The only noteworthy problem was delays in the opening of polling stations. However, there is no indication that these delays had any impact on the final result. This was due to a quick CENI decision to extend the hour of voting and to reopen the polls the next day and the desire of the Congolese to vote even if it meant queuing for a long time or returning to vote the next day.
Even the Episcopal Conference of the Congo (CENCO), representing a group of Catholic bishops that had been most critical of the handling of the election told CENI that this election was superior to the election of 2018. One should note that the Constitutional Court and the Congolese people accepted these results. The fact that the election appears to be free and fair is not surprising given the scrupulous ways in which CENI adhered to its own rules which met world-class standards for election fairness. Also, one should credit the commitment of President Tshisekedi to have free and fair elections which meant he insisted that voting take place on time and that CENI be allowed to work independently with his intervention being limited only when called upon to facilitate the process.
Even today baseless claims continue to abound such as the claim that the vote was nothing more than an election coup d'etat. Many readers are rightly confused since they are unaware that catchy, soundbites demeaning the results of the election came straight from members of Tshisekedi's opposition who refuse to accept the will of the Congolese people.
These were the tactics of desperation, of candidates who would say or do anything to muscle their way into the Palais de la Nation, in Kinshasa. After all, as the World transitions to clean energy, the country that controls the World's second-largest rainforest and the most extensive deposits of rare-earth minerals shall be much more consequential globally. Thus, even before the official election results began to be released, the opposition 'demanded' that the election be annulled, claiming that CENI rigged the election for the incumbent. In fact, in an example of political hubris, Katumbi even announced that he would be a candidate in the 2024 election.
The justification they are making for annulment is flimsy, at best. They argue that because many polling stations did not open on time and were then authorized to stay open on December 21 and 22 to accommodate voters who could not vote on election day, the election was rigged. They claim that votes cast after midnight on December 20th are invalid because, under their interpretation, the Constitution requires that voting take place on a single day. But they are unable to explain why the decision to extend voting hours unfairly advantaged the incumbent! In fact, by allowing more Congolese to vote, it deepened the national respect for democracy.
Unlike what happened in Brazil's 2022 presidential election, where the incumbent president, Jair Bolsonaro, ordered traffic police to set up roadblocks in his rival Luiz Inácio Lula da Silva's stronghold in the North-East, Felix Tshisekedi did everything possible to facilitate voting. Felix was scrupulous in insisting that all voters should have the opportunity to vote. Even in the two provinces in the Northeast where foreign-backed militia groups like M-23 mainly operated, he relaxed the state of siege and worked with the US Government to ensure a cease-fire was in effect when the voting took place. Voting took place throughout the nation, except for some areas bordering Rwanda where rebel activity was most virulent. These disenfranchised areas accounted for a little more than one percent of potential voters.
Responsible Congolese political stakeholders all want to avoid a contested result in 2023 which crippled the first two years of the Tshisekedi Administration. This should not be the case this year. In 2023, opposition candidates campaigned freely whereas in 2018 two of the three leading candidates were disqualified. Fears of an unfair election driven by corruption were countered by citizen engagement, and voter registration was at an 'all-time high.'
Perhaps most important there does not seem to be any claims that the final vote tabulation did not reflect the votes tallied at the local levels. SEOM (the SADC Observer Electoral Mission SEOM) reported that political party operatives were present at 83.3% of the polling stations that it observed. SEOM also commended CENI for ensuring the operationalization of a technologically sophisticated National Results Centre in Kinshasa, where the accredited media, political parties, international and local observers, members of the Diplomatic Corps, and the public could witness the polling station-by-polling station announcement of the results.
The successful preparation is even more impressive when one realizes that did not begin the preparatory work until 2021 which was 28 months later than its planning had anticipated. This was not due to any action by the Tshisekedi Administration. The delay was caused principally by two groups—one of Catholic bishops (CENCO) and Protestant clergy (EEC-The Church of Christ in the Congo) which refused to allow the nomination of Dénis Kadima to go forward even though he was supported by six of the other eight civil society groups chosen to make the selection.
Considering that CENI had only a little more than two years to reform itself and adopt a set of new electoral modalities, its success in pulling off an election with up to forty-four million voters was quite extraordinary, especially when one considers the size of the DRC, its underdeveloped transportation and energy infrastructure (especially in roads and power grids), and the holding of elections during the rainy season. CENI also scrupulously followed international guidelines for free and fair elections. On Election Day, SEOM noted that the voters' lists were displayed outside at most of the polling stations observed, with voting progressing smoothly and voters' identification documentation checked against the available voter's list. Additionally, CENI continuously contacted its stakeholders and revised their procedures when requested. For example, when it became apparent that some of the ID Cards printed in Germany deteriorated in the tropics, they adopted backup identification methods.
Not surprisingly groups opposed to Felix Tshisekedi claimed a much closer election. For example, polls by the New York University's Congo Research Group without any provable evidence, badly underestimated Tshisekedi's support, which they tagged at 49 percent. (The Research Center was in the lead in claiming the Tshisekedi did not win the 2018 elections although they never provided credible proof.) They also overestimated the strength of Moïse Katumbi and Fayulu, who only received 18 and 4 percent of the vote, respectively.
Even today, the opposition does not accept the reason for the wide margin of victory claiming it was due almost exclusively to jingoistic anti-Rwanda statements by the President. The President's criticisms of Rwandan President Paul Kagame were completely justified since Kagame's actions are responsible for the continued violence, destruction, displacement, and deaths in the Northeast of the country. In fact, Kagame has been condemned by the United Nations for the intervention. However, it is not correct to ascribe Tshisekedi's impressive reelection only or even mainly due to "jingoism."
Tshisedeki was reelected mainly due to his record and his efforts.
- The President and the coalition of Parties supporting him campaigned aggressively while almost all the other candidates did little hoping that the results of the elections would have been annulled.
- He faced a divided field. Personal egos prevented those opposing him from coalescing around one alternative. Although the President's margin of victory was so large, he probably would have won anyway; his margin would not have been as great if they had created a united front.
- The economy did well under his Presidency. In fact, in 2023, DRC was one of the ten fastest-growing global economies in the world with a GDP growth rate of 6.7 percent.
- His accomplishments during his 2019 – 2023 first term, were significant. 'Fatshi,' as the incumbent's supporters call him, oversaw significant tax reforms, won approval for significantly larger budget outlays for social welfare programs and took responsibility for enforcing serious anti-corruption efforts. His Administration is in the midst of a laudable review of 'badly' negotiated mining contracts and minerals-for-infrastructure deals. In September 2023, the country's Ministry of Health introduced a US$200 million program, entitling pregnant Congolese to free pre-and-post natal services (babies receive free healthcare for the first month.) He introduced free tuition for many levels of education. Tshisekedi garnered US$ 800 million from the World Bank for free primary school education for some 4.5 million children—which enabled employment for at least 36,000 teachers. He also secured over US$ 1.5 billion as a post-COVID support package from the International Monetary Fund (IMF).
World attention should now focus on working with the Tshisekedi Administration to make sure that the term is a success. The DRC needs it, Africa needs it, and the world needs it.
Professor Dr. Ngoie Joel Nshisso and Mr. Stephen Lande, authors of the article live in the United States and worked together for the reintegration of the Democratic Republic of Congo into the AGOA program. They both avidly support breathing life into the Privileged Partnership between the DRC and the United States.
Given the December 2023 elections, they regret the actions of certain Congolese to undermine the DRC's image internationally by espousing false and unverified claims. They also note that at least until recently, certain actors from the opposition, civil society, religious denominations, and NGOs use half-truths or twist the truth to feed the DRC's international partners with biased information to win their favor.
