With conflicts in the Democratic Republic of Congo cooling, and warriors aspiring to become democrats, the country’s new constitution is coming under increased scrutiny.
In a novel development for the DRC – where there is persistent worry that only a strong centre can hold the far-flung state together – power is split between national, provincial and even local institutions, write constitutional experts Olivier Kambala wa Kambala and Coel Kirkby. This is a development that should be welcomed, they say.
The new provinces will become operational in 2009. Each province is electing a provincial assembly, which in turn will elect a governor. The assembly will share power with the national legislature in many civil rights areas and can also draft its laws for a provincial development plan, regulate customary law, raise taxes and more. On paper, the Congolese provinces have similar powers to Nigerian states and South African provinces. This analogy inevitably invokes the dreaded “f”-word, federalism.
Right now the situation is different. First, Congolese citizens have participated in a few free and fair elections. Second, there is time to establish governing and administrative institutions before the new provinces are inaugurated. Last, poorer provinces have a constitutionally-assured share of national revenues. Nevertheless, this ambitious plan will face monumental challenges.
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