User:Indy beetle/1st Congolese Parliament

The First Congolese Parliament was the first meeting of the legislative branch of the central government of the Democratic Republic of the Congo (then Republic of the Congo), composed of the Senate and the Chamber of Representatives, at the Palais de la Nation in Léopoldville. Its term lasted from 17 June 1960 until 30 June 1964.

Background

Loi Fondementale

It was decided at the Round Table Conference that the constitutional resolutions the participants adopted would serve as the basis for the Loi Fondementale (Fundamental Law), a temporary draft constitution left for the Congo until a permanent one could be promulgated by a Congolese parliament. Summarizing the similarities between the Loi Fondementale and the Constitution of Belgium, Raymond Scheyven, minister in charge of economic affairs for the Congo, observed, "We have presented the Congolese with a political system similar to ours....It features communes, provincial assemblies, a bicameral system, and a political system where the head of state is irresponsible."

The division of executive power between a presumably symbolic head of state and head of government was the most noticeable and potentially harmful feature borrowed from the Belgian constitution. As in a parliamentary system, such power was to be exercised by a prime minister and a cabinet responsible to Parliament. If the cabinet lost the confidence of Parliament, a motion of censure would be passed (either with a simple majority in both houses of a two-thirds majority in a single house) and it would be dismissed. By comparison, the head of state (a president) was irresponsible and only had the power to ratify treaties, promulgate laws, and nominate high ranking officials (including the prime minister and the cabinet). In Belgium, parliamentary tradition had rendered these duties inconsequential in the face of the premier's influence. But in the Congo, no such convention had been established.

A parliament was to be composed of a lower chamber and an upper chamber. The lower chamber (Chamber of Deputies) consisted of 137 members directly "elected by universal suffrage according to the procedure fixed by the electoral law" with one deputy for every 100,000 people. The upper chamber (Senate) would consist of 14 members from each province, elected by the members of their respective provincial assemblies. The provincial assemblies were unicameral and varied in size, depending on the population of the provinces they served. A state commissioner would be appointed by the head of state with the consent of the Senate to represent the central government in each province. As per Article 184 of the Loi Fondementale, their main duties were to "administer state services" and "assure coordination of provincial and central institutions."

Articles 219 and 220 delineated the authority of the central and provincial governments. Provincial authorities had the power to organise the "political structures of the province within the framework of the general principles contained in the Loi Fondementale", manage provincial police and judicial officials, establish educational systems lower than higher education, tend to agricultural and mining concessions, construct and maintain local railways, roads, and public works, and manage their own finances. Social legislation and national minimum wages were to be concurrent powers. All other duties and responsibilities rested with the central government. Senators and deputies that assumed a ministerial post in the central government were allowed to retain their seats in Parliament.

The Loi Fondementale was a very complicated and cumbersome document for the Congolese. Without definitive interpretation, it would become the source of serious confusion for officeholders. An absence of parliamentary tradition in the Congo was likely to further destabilise the situation. Ultimately, the Loi Fondementale was not well suited for the Congolese polity.

1960 elections

Even though the date for independence had been established at the Round Table Conference, there was still substantial uncertainty throughout the Congo as to which faction would come to dominate politics in the new government. This caused deep anxiety among most of the electorate. As the Congolese had little experience in democratic processes, few eligible voters in rural areas realised the meaning and importance of an election, and even fewer understood electoral mechanics and procedure.

Electoral procedure was prescribed by the electoral law of 23 March 1960. Voting was compulsory for all "males of Congolese status". Yet in order to register, one had to be at least 21 years of age and had to have resided in their respective constituency for at least six months. In order to be a candidate for provincial or federal office, one had to be at least 25 years of age, been born to a Congolese mother, and had to have resided in the Congo for at least five years. For aspiring senators, the age requirement was 30.

Election results

Main article: Belgian Congo general election, 1960

Chamber of Deputies

The results for the Chamber of Deputies were as follows:

Party	Seats
Mouvement National Congolais-Lumumba	41
Parti Solidaire Africain	13
Centre du Regroupement Africain	10
Cartel Katangais	7
Alliance des Bakongo	12
Parti de l'Unité Nationale	7
Union des Mongo	1
Mouvement National Congolais-Kalonji	8
Parti National du Progrès	15
Confédération des associations tribales du Katanga	8
Other	15
Total	137

Senate

The results for the Senate were as follows:

Party	Seats
Mouvement National Congolais-Lumumba	19
Parti Solidaire Africain	4
Centre du Regroupement Africain	6
Cartel Katangais	3
Alliance des Bakongo	4
Parti de l'Unité Nationale	7
Union des Mongo	4
Mouvement National Congolais-Kalonji	3
Parti National du Progrès	3
Confédération des associations tribales du Katanga	6
Other	27
Total	84

History

Establishment

Luluabourg, the provincial capital of Kasai, was designated the provisional seat of Parliament but ethnic violence between the Baluba and Lulua in the province led the authorities to remain in Léopoldville.

Independence

On 22 July Lumumba left the Congo for New York City and Parliament went into recess. Upon his return in August he recommended that the body remain in recess for three months so that its members could go on study tours. Parliament did not reconvene until September.

Constitutional crisis

The following day the presidents of the Senate and the Chamber agreed that their respective chambers should convene in a joint session to discuss the political impasse. A number of parliamentarians spoke in favor of compromise and reconciliation. Lumumba then appealed to Parliament to grant him "full powers" to manage the country's crisis but assured that he was ready to seek an understanding with rival political factions. The legislature passed a resolution in accordance with Lumumba's wishes but also established a commission to oversee the government's implementation of the powers. However, the authenticity and legality of the vote was highly questionable: Firstly, pro-Lumumba soldiers were inside the Palais de la Nation during the session. Secondly, it is likely that the quorum of 112 (69 for the Chamber and 43 for the Senate) was never achieved. According to official records, 70 deputies and 43 senators were in attendance (113 parliamentarians). This contrasts with journalist accounts, which fix the number between 90 and 95 parliamentarians. The vote was initially tallied as 88 to one with three abstentions, which would support the journalists' evaluations. The count was later modified to read 88 to 25 with three abstentions. Lumumba for his part was not troubled by the discrepancy and viewed the vote as a political victory. The next day Kasa-Vubu rejected Parliament's action in a communique, declaring the joint session to be illegal. The legality of a joint session was dubious, as the Loi Fondementale only permitted such a meeting for the election of the head of state, the determination of the seat of the Constituent Assembly, and the establishment of certain legislative procedure.

Lovanium Conclave

"Parliament's finest hour was at the Lovanium conclave in July and August, 1961. Here the legislature played its potential role, arriving at a unanimous vote for the Adoula government, restoring unquestionable legal authority to Leopoldville, and paving the way for the eventual reduction of the Katanga secession."

Historian Crawford Young

Resumed activity

Following the Lovanium Conclave, Parliament remained in session with a few interceding breaks until its adjournment sine die in September 1963. The only major legislative accomplishments of Parliament during the time were the adoption of a law allowing for the division of the Congo's provinces and the enactment of another statue designating Léopoldville a federal district under the direct administration of the central government.

During his inaugural address following his investiture, Adoula declared that his government would "take adequate measures permitting each region to administer itself according to its own profound aspirations". Legislative efforts to achieve the goal immediately began but faced strong opposition from the Lumumbist bloc, which felt that the Katanga problem should be resolved before any discussion concerning the division of the provinces.

In July 1962 the Lumumbist parliamentary coalition announced it was entering "opposition".

Aftermath

Parliament's term officially ended on 30 June 1964 with the enactment of the Luluabourg Constitution.

References

• Bonyeka, Bomandeke (1992). Le Parlement congolais sous le régime de la Loi fondamentale (in French). Kinshasa: Presses universitaire du Zaire. OCLC 716913628.
• "Historique" (in French). Sénat de la République Démocratique du Congo. 22 March 2010. Retrieved 22 October 2017.
• Hoskyns, Catherine (1965). The Congo Since Independence: January 1960 – December 1961. London: Oxford University Press. OCLC 414961.
• Lemarchand, René (1964). Political Awakening in the Belgian Congo. University of California Press.
• Young, Crawford (1965). Politics in the Congo: Decolonization and Independence. Princeton: Princeton University Press. OCLC 307971.