This study investigated the perceptions of election stakeholders with regard to the management of the 2011 electoral processes in the Democratic Republic of Congo (DRC). The involvement of civil society organizations, electoral experts and academia, including party agents as domestic observers and stakeholders in Congolese electoral processes, is crucial as they help electoral and participatory democracy to take root in the DRC. This study was underpinned by political trust, political support and neopatrimonial theories. Furthermore, a mixed methods research design was used in order to understand the perceptions of stakeholders on the management of the 2011 electoral processes in the DRC. The findings of the study showed that stakeholders‟ perceptions on the management of the 2011 electoral processes in the DRC were driven by both internal and external factors pertaining to the Independent National Electoral Commission (INEC) that have the potential to affect the electoral processes as well as the level of trust in the INEC and other institutions involved in the electoral processes. / Political Sciences / M.A. (Politics)

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In a democracy it is the citizens who choose their leaders. Through elections, the people constitute government to preside over public affairs. However, in several African countries the quality of the elections has been vitiated by fraud, incompetence, unequal playing field and violence. Part of the problem is historical. Within the first decade of attaining independence in the 1950s and 1960s, many African regimes rapidly descended into autocracy and many countries formally recognised one-party regimes. Despite many one-party regimes having been abolished after the democratisation wave of the late 1980s and early 1990s, challenges of holding free and fair elections persist. Several elections held since this democratic wave were generally not considered by independent observers as free and fair. Indeed Africa has become well known for flawed elections, such as was the case in the 2007 elections in Kenya, the 2008 elections in Zimbabwe and the 2010 elections in Ivory Coast. Due to the stifled democratic climate, where even elections had a predetermined outcome, coups became a common and regular method of showing discontent or removing government. While the phenomenon of problematic elections is going on, at the continental level, Africa seems to be making renewed commitment towards democratic governance. With the transformation of the Organisation of African Unity (OAU) into the African Union (AU) through the adoption of the Constitutive Act of the African Union in 2000, the AU, inter alia, committed to promoting “democratic principles and institutions, popular participation and good governance” and seems determined to depart from the legacy of poor governance. It is in view of the foregoing background that this research sought to investigate the challenges the judiciary in Africa has faced in adjudicating presidential election disputes. And, in light of the growing trend towards establishing common African democratic standards and seeking collective solutions, the research also sought to explore the viability of establishing a continental supranational mechanism for resolving disputed presidential elections through adjudication. / Public, Constitutional and 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)

Indiana University-Purdue University Indianapolis (IUPUI) / Previous research on post-conflict elections has found several criteria important in determining if an area is ready to hold elections and whether or not it is likely to succeed. Although rarely ranked in any determination of importance, several concepts are present in most post-conflict election research. Additionally, there is not an agreed set of standard criteria upon which success can be assumed. When researching the post-conflict election literature two questions arise: (1) is there a set of criteria established to determine if an area is ready to conduct post-conflict elections, and (2) do all criteria need to be present in order to ensure successful post-conflict elections? Most research agrees on common criteria but highlights or researches one dominant criterion, to which is then often attributed to the success of an election. This is found in Krishna Kumar’s focus on international assistance (Kumar, 1998), Staffan Lindberg’s attribution of success to repetition of the election process (Lindberg, 2006), Paul Collier’s focus on per capita income (Collier, 2009), and Marie-Soleil Frere’s research on post-conflict elections and the media (Frere, 2011). When reviewing multiple research sources, it is likely several factors at various times and in various elections will be credited with being the single source criterion for success. This kind of past research is well supported and conclusively argued, but still fails to provide a scope of understanding outside of a single event. In other words, it is case specific and not comparatively applicable across cases. Although this thesis does not intend to “McDonaldize” (Ritzer, 2009) the process of democratization, it does propose to define a common set of criteria necessary, even if in varying degrees, to conduct successful elections in post-conflict environments.