M.A. / The aim of this study was to explore the democratisation process that unfolded in the Democratic Republic of Congo from 1990 to 2006 with a view to establishing whether Huntington’s model of democratisation as set out in his Third Wave: Democratisation in the Late Twentieth Century (1990) is useful in analysing the Congolese transition. Huntington’s model is essentially based on the experiences of democratisation in the so-called third wave of democratisation that occurred in countries in Southern and Eastern Europe, Latin America and Asia. In line with Huntington’s analysis of the democratisation process elsewhere, the study examined, among other things, the triggering factors of the democratisation process; the modes and characteristics of the transition and the factors favouring and obstructing the development of democracy in the Congo. The study has found grounds for some minor deviations from Huntington’s observation of experiences elsewhere. These pertain to the sequence of the democratisation process, the complexity of the problem in the Congo and the role of the military. Whereas Huntington posited that one of three modes of transition occurred in a particular country – transformation, replacement and transplacement – all three modes transpired in a dialectical sequence in the Congo. In addition, the democratisation process in the Congo was intensely militarised since it involved not only the government and what one could call the ‘classical’ opposition, but also an ‘armed opposition’ encompassing several rebel groups and militias backed by foreign armies, each with its own agenda. Furthermore, when the military was confronted with the pressure to democratise elsewhere, it was generally instrumental in the democratisation process. In the Congo, to the contrary, it is the powerlessness of the military that constituted an obstruction to the democratisation process in the country. The weakness of the generals in the Congolese army results from their vassalisation by politicians who utilised army officers for their political ends. However, in an overall evaluation of the applicability of Huntington’s model to the Congolese democratisation process, it can be stated that, despite the above minor differences, Huntington’s model serves as a useful tool in analysing the democratisation process in the country, irrespective of the complexity of the Congolese experience. The model serves to elucidate the causes, patterns, power dynamics in the democratisation process, and also identifies potential problems in the consolidation of democracies. Its usefulness in analysing the Congolese transition makes it an equally useful tool in analysing the democratisation processes in other African countries.

This study on "The road to constitutionalism and democracy in post-colonial Africa: the case of the Democratic Republic of Congo" revolves around a major research problem: What has been the road to constitutionalism and democracy in Africa since independence and how can constitutionalism and democracy be established and consolidated on the African continent? The importance of the problem and its implications for the life of millions of African people and the state of the literature still dominated by persons foreign to Africa make constitutionalism and democracy one of the most fascinating and challenging intellectual projects, particularly among African scholars. This work is a contribution to the development of knowledge and to the building and consolidation of constitutionalism and democracy in Africa. It revisits and critically examines the concepts and the various discourses and voices we have heard form both inside and mostly outside the continent. It highlights the African struggle, explores the major trends, and stresses the challenges and prospects for constitutionalism and democracy in Africa. The Democratic Republic of Congo (DRC) is a case study. The research deals with the unfinished struggle of the people of the Congo and explains why the Congo has gone from DRC to DRC via Zaire, from one crisis of the Congo in the 1960s to another crisis of the Congo since the early 1990s and why the DRC history has been rehearsing in a vicious circle of coups and countercoups, rebellions, unsuccessful national conferences, authoritarian and unconstitutional regimes. Central to the crisis in many African states, including the DRC, is the crisis of constitutionalism and democracy and the failure of the post-colonial state. The study ends with the conclusion that constitutionalism and democracy also belong to Africa and constitute a prerequisite for African survival and renaissance. / Constitutional and Public International Law / LL.D.

This study on "The road to constitutionalism and democracy in post-colonial Africa: the case of the Democratic Republic of Congo" revolves around a major research problem: What has been the road to constitutionalism and democracy in Africa since independence and how can constitutionalism and democracy be established and consolidated on the African continent? The importance of the problem and its implications for the life of millions of African people and the state of the literature still dominated by persons foreign to Africa make constitutionalism and democracy one of the most fascinating and challenging intellectual projects, particularly among African scholars. This work is a contribution to the development of knowledge and to the building and consolidation of constitutionalism and democracy in Africa. It revisits and critically examines the concepts and the various discourses and voices we have heard form both inside and mostly outside the continent. It highlights the African struggle, explores the major trends, and stresses the challenges and prospects for constitutionalism and democracy in Africa. The Democratic Republic of Congo (DRC) is a case study. The research deals with the unfinished struggle of the people of the Congo and explains why the Congo has gone from DRC to DRC via Zaire, from one crisis of the Congo in the 1960s to another crisis of the Congo since the early 1990s and why the DRC history has been rehearsing in a vicious circle of coups and countercoups, rebellions, unsuccessful national conferences, authoritarian and unconstitutional regimes. Central to the crisis in many African states, including the DRC, is the crisis of constitutionalism and democracy and the failure of the post-colonial state. The study ends with the conclusion that constitutionalism and democracy also belong to Africa and constitute a prerequisite for African survival and renaissance. / Constitutional and Public International Law / LL.D.

The basic problem in this study is to determine whether the electoral management body (EMB) in the Democratic Republic of Congo (DRC) is sufficiently independent and whether it complies with most of the criteria of an ideal independent EMB in order to conduct free and fair elections in the promotion of democracy in the DRC. However, an ideal type of an independent EMB is not easily realizable but Ghana’s electoral commission (EC) is widely regarded as a model of an independent EMB in Africa. Therefore, this study uses the EC as a workable ideal type of independent EMB that informs this study in assessing the Independent National Electoral Commission (CENI)’s level of independence. The study discovered that while the formal legal framework guarantee the independence of the CENI, it lacks practical independence due to certain factors which include the mode of appointment and composition of the body, the unstable security of tenure of its members, the negative influence of the judiciary, executive and the parliament over the functioning of the CENI, and the lack of adequate funding. The study argues that the composition of the CENI has to be depoliticized; its members should enjoy a strong security of tenure and the issue of political parties funding should be effective and handled by the CENI in order to enhance political competitiveness in the electoral process. An adequate funding should be timely realized so that the CENI carries out its work with autonomy. The judiciary, the parliament and the executive should support the growth of democracy in the DRC by allowing the CENI to work without the interference of any quarter. / African Centre for Arts, Culture and Heritage Studies / M.A. (African Politics)