Proposed by all DRC representatives of the ALN
The Africa Liberal Network is extremely concerned by the political situation in the Democratic Republic of Congo, and particularly by the delay observed on the part of the government in the process of holding the Parliamentary and presidential elections, which are scheduled to be held, in terms of the constitution, in November 2016.
The concerns of the Africa Liberal Network are based on:
- The failure of the Independent National Electoral Commission (CENI) to publish the electoral timetable in accordance with the constitutional deadlines.
- The manifest desire of the government to override CENI, the sole and single institution competent in electoral affairs, by planning to establish a Dialogue between the political actors and civil society to consider and make decisions concerning the problems inherent in the electoral process, in place of the competent tripartite structure, i.e.: CENI – Opposition – Majority. This represents a hasty attempt to create, in an artificial and biased way, the conditions to ensure that the elections are not held within the constitutional deadlines, also commonly known as a stratégie de glissement (playing for time) in DRC.
- The failure of the coalition in power to implement international commitments, including notably the Addis Ababa Framework Agreement and United Nations Security Council resolutions 2098 and 2211, which advocate, in particular, seeking a political consensus by means of an inclusive dialogue between the parties concerned with respect to electoral issues.
In agreement with the international organisations (EU, United Nations, etc.) which deplore and denounce the stratagems of the government which is risking leading the Democratic Republic of the Congo into a situation of chaos which the Congolese population does not need, the Africa Liberal Network adds its voice to these organisations to:
- Condemn the strategy of the government to split, artificially and systematically, those political parties opposed to its attempts to play for time. This confusion in the political space is not helping to strengthen Congolese democracy, still in its early stages.
- Censure the fact that access to public media is denied to the political parties that support the respecting of the constitution and any social organisation opposed to the Dialogue which the government wants to hold.
- Condemn the radicalisation of the government, which wishes at all costs to organise a Dialogue which does not adhere to the spirit and the letter of the Framework Agreement and Security Council resolutions mentioned above.
Consequent upon the above, the Africa Liberal Network:
- Wishes to see the immediate implementation of the provisions contained in the Addis Ababa Framework Agreement and in Security Council resolutions 2098 and 2211 on the electoral process in the DRC.
- Offers its total and unwavering support to the political parties and associations which support and defend respect for the Constitution and the organisation of the elections within the constitutional deadlines.
- Appeals to President Joseph Kabila to respect his constitutional oath and to facilitate the peaceful transfer of power at the end of his term of office.
- Encourages and congratulates Mr. Olivier Kamitatu, in his capacity as President of the Africa Liberal Network, for the excellent work done to defend and promote the values shared by liberals in Africa in general and, in particular, in the Democratic Republic of Congo, where he is in the thick of a republican and exemplary struggle to ensure the respect of the constitution and a peaceful democratic transition following the outcome of credible elections.
Proposed by Stevens Mokgalapa MP, Vice President Southern Africa
- Given that the Multiparty Democratic Constitution of the Kingdom of Swaziland was repealed by King Sobhuza II, through King’s Proclamation No.12 of 1973, as he intended to avoid civil violence that might have engulfed Swaziland, which had already engulfed most African Countries ;
- Given that from the 12th April 1973, Swaziland was ruled by the 1973 Royal Decree until 6th July, 2005 and that on 6th July, 2005, King Mswati III assented to and signed a Multiparty Democratic Constitution ;
- Given that the Government of Swaziland has been misinterpreting the constitution of Kingdom of Swaziland Act No.1 of 2005, in particular Section 79, so as to violate the constitutionally enshrined Bill of Rights, and to prohibit multiparty elections, multiparty democratic parliament, and formation of government by political parties ;
- Given that Section 84, 95(2) of the Constitution allows group representation or marginalised group representation in Parliament, the Constitution does not prevent political parties or political groups, and Section 25 of the Constitution of Swaziland allows the existence of political parties in Swaziland ;
- Given that the Government of Swaziland is in dispute of large portions of land, that was ceased during colonial rule, and fundamental human rights of millions of Swazi People were grossly violated, in particular, their rights to self-determination, in violation of Declaration on the Granting of Independence to Colonial Countries and Peoples ;
The Africa Liberal Network calls upon Government of Kingdom of Swaziland to :
- Uphold and fully implement the Constitution of Swaziland Act No.1 of 2005.
- Enact a statute that enables the registration, operation and funding of political parties in Swaziland, in terms of Section 25(4).
- Enact an electoral law that allows multiparty democracy in Swaziland.
- Enact an Establishment of Parliament Act to enable the operation of multiparty Parliament.
- Stop all criminal prosecutions against members of the Judiciary, Parliament, and Executive branches of Government, and unconditionally withdraw all criminal charges against all people arrested in Swaziland for advancing democracy and the rule of law.
- Protect and promote peace and security, create an environment that is conducive for free political activities, free enterprise, open market economy and trade liberalization.
- Implement all Regional and International Conventions, Treaties, Protocols, Declarations, Memorandums, Agreements, Policies to which Swaziland is a signatory.
- Positively engage with South African and Mozambican Government with a view to engage on the issue of restoration of land.
Proposed by Stevens Mokgalapa, Democratic Alliance, South Africa
- Recognizing the important function that the ICC plays in the global community by ensuring justice and protection of human rights;
- Acknowledging the recent descend by African leaders on the alleged selective prosecution of African leaders and the threat by the African Union to encourage the member states’ withdrawal from the ICC;
Liberal parties across the African continent are committed to working together with the ICC to uphold justice and peace, and to ensure that human rights abuses do not go unpunished, across the African continent and worldwide. The Africa Liberal Network:
- Condemns the continued human rights atrocities and political violence that is still prevalent in many African countries
- Notes with concern the South African government’s invitation of Omar Al Bashir, the President of Sudan, to the AU summit in June 2015, and the subsequent disregard of a court order to arrest him, issued by the Gauteng North High Court
- Calls on all member parties to reemphasize their support for the ICC, and calls on the AU to reconsider its encouragement for its members to withdraw from the ICC.
Proposed by Médard Mulangala Lwakabwanga, UMR, Democratic Republic of Congo
– Considering that the current crisis in Burundi originates in the differences in interpretation and strict respect by the Burundian political protagonists of the provisions on the number of mandates of the President of the Republic contained in the ARUSHA Peace and Reconciliation Agreement signed on 29 August 2000 and the Constitution of Burundi of 18 March 2005;
– Realising that this legal framework in place is the fruit of intense negotiations which resulted in an historic political compromise which had enabled Burundi to take a significant step towards the consolidation of peace and democratisation and that these differences in interpretation and failure to respect its contents is dangerously compromising the achievements of the Arusha Agreement;
– Noting with regret that all the initiatives undertaken by ECA, AU, EU, USA and UN calling on the political protagonists to sit down together to organise free, transparent and inclusive elections have not been heeded and have come up against the failure to respond by the Presidential Party CNDD-FDD and the person of the President of the Republic.
– Deploring the fact that this categorical refusal to engage in a dialogue to find sustainable solutions to the political conflict relating to the 3rd term of office of President NKURUNZIZA has been compounded by acts of violence characterised by selective killings, abductions and forced disappearances, extrajudicial executions, arbitrary arrest and imprisonment of opponents, forced exile of the popular political leaders, sexual violence against the women and girls of the dissenting districts as an instrument of vengeance and humiliation used by certain elements of the police, the militias close to the coalition government, wanton destruction and closing down of the media, the closure of accounts and suspension of certain organisations of civil society which are challenging the 3rd term of office;
– Recognising that in 2015 the Independent National Electoral Commission organised elections under conditions carrying the seeds of conflict and that the process had been boycotted by the opposition by withdrawing its candidates and that the results of these elections were rejected by the Burundian opposition, a large section of Burundian civil society and the international community;
– Confirming that the candidacy and election of President Nkurunziza did not comply with either the constitution or the Arusha agreements;
– Convinced that this political crisis could inflame the whole central African subregion particularly through the migratory flow towards neighbouring countries and the escalation of rebel movements with grave consequences for security, stability and development in the Great Lakes Region;
– Greatly welcoming the initiative of the East Africa Community to entrust the mediation of the Burundian conflict to the Ugandan President, Yoweri Museveni;
The Africa Liberal Network proposes the following resolutions capable of putting an end to this political deadlock which has lasted far too long:
- The Government must take all necessary steps to put an end to the violence and, by so doing, promote a climate of mutual trust between Burundians;
- The mediator of the Burundian conflict, the Ugandan President Yoweri Kaguta Museveni, must do everything in his power to commit the political protagonists without reservation (civil and armed movements) to engage as soon as possible in a frank, sincere and inclusive dialogue to find sustainable solutions for the restoration of democracy, peace and harmonious development in Burundi. To this end, the mediator must surround himself with a team of neutral national and international experts who have a full understanding of the issues and interests of the national and international protagonists around the Burundian conflict so that they can facilitate the finding of compromises between protagonists which fulfil the genuine aspirations of the population.
- The Party in power and its allies, the political opposition grouped within CNARED, the declared armed movements, and those being formed, Burundian civil society in all its elements must engage in a frank, sincere and inclusive dialogue to find sustainable solutions promoting the return of peace, democracy, and sustainable development as quickly as possible;
- It is the responsibility of the African Union to send as soon as possible MAPROBU tasked with maintaining the peace and protection of civilians in Burundi;
- It is the responsibility of the UN to exert all of its diplomatic, logistical and financial influence for the rapid deployment of MAPROBU,
- It is the responsibility of the International Criminal Court and the other national and regional courts to set in motion the mechanisms of investigation and criminal prosecution against the alleged authors and perpetrators of crimes against humanity such as war crimes, extrajudicial executions, abductions and forced disappearances, torture and imprisonment,
- It is the responsibility of national, regional and international civil society in general and the organisations for the defence of human rights in particular to assemble the proofs, names of the victims and of the political prisoners.