From the powerful leaders of the Congolese Catholic Church to almost all of the opposition parties, including several hundred demonstrators in Goma, Bunia, Bukavu…, the so-called “Tshiani” law continues to cause a stir in the Democratic Republic. of the Congo (DRC). Proposed for the first time in July 2021 by Noël K. Tshiani Muadiamvita, candidate for the supreme magistracy of 2018, it reappears today, eight months before the next presidential election.
This law, included on the agenda of this session of the National Assembly by the deputy of the majority Cerveau-Pitshou Nsingi Pululu, provides that the highest public offices are only accessible to Congolese born of father and mother Congolese. “We want to lock down about 250 positions that we consider to be under the sovereignty of our country,” explains Noël K. Tshiani Muadiamvita. Among them, that of Prime Minister, President of the Senate, of the National Assembly or President of the Republic.
The 65-year-old economist and former World Bank official, who has spent a significant part of his career abroad, would even like to go beyond the text as it is currently presented and require the spouses of aspirants to locked positions for also being Congolese parents. “If a president has two Congolese parents but a Rwandan woman, there is a conflict of interest”, he believes, while an open crisis opposes Kinshasa and Kigali since the M23, accused by the DRC of being supported by Rwanda, relaunched an offensive in the east of the country.
The obsession with “foreign infiltration”
The initiator of this project described as racist seems obsessed by the fear of “foreign infiltration” which according to him fueled the wars in eastern DRC. “For the past twenty years, we have had heads of state of questionable origins and loyalty,” continues Mr. Tshiani, a thinly veiled allusion to former President Joseph Kabila accused by his detractors of not being Congolese.
But for the relatives of Moïse Katumbi, it is against their leader that this bill is thought. Born to a father from Rhodes, the businessman and former governor of Katanga is considered one of President Tshisekedi’s most serious rivals for the presidential election scheduled for December 2023. “Never! He cannot be a candidate. His father is Greek and other members of his family are foreigners, he cannot occupy the supreme magistracy in the DRC, “said Mr. Tshiani, who denies working to remove the rivals of the Congolese president.
Originally from Kasaï, like Félix Tshisekedi, the economist denies “rolling” for the head of state. He claims to have no contact with him. “He is the president of my country. If I need him, I will contact him. So far, I have not expressed this need, “he said, adding that he does not intend to join the Union of the Nation, the presidential coalition.
If in off, the relatives of Moïse Katumbi have been worried for several months that this law could be adopted, the elected representatives of his party, Together for the Republic, now want to be calm. “This text cannot pass. You have to prove that it is constitutional. And that’s no small feat,” said one.
“It reminds me of the poison of ivoirité”
There is no indication that this bill will be adopted by the National Assembly. But its inclusion on the agenda of the parliamentary session opened in March was enough to cause concern. A delegation of European diplomats accredited to Kinshasa met the President of the National Assembly, Christophe Mboso. “We expressed our concern to him about the re-introduction of this discriminatory bill and the risk that it could derail the next elections and put the country at risk of civil war. This is reminiscent of the poison of ivoirité a few years ago in Côte d’Ivoire, “says an ambassador on condition of anonymity.
The powerful National Episcopal Conference of Congo (Cenco) and Fridolin Ambongo, the cardinal of Kinshasa, also spoke out against this project, denouncing a text capable of dividing society. Only Félix Tshisekedi and his entourage are silent for the moment in the face of growing discontent. A year ago, the head of state still spoke on the issue.
“Is being a Congolese father and mother enough to guarantee good management of other Congolese fathers and mothers? Is that enough to serve one’s country loyally and faithfully? I do not believe. The recent history of our country shows us that there were Congolese fathers and mothers who participated in the ruin of this country, “he explained in an interview with Voice of America, adding about Mr. Tshiani: “He is a Congolese who has the right to think what is good for his country, according to him. It is his right. We are not going to put Mr. Tshiani on trial here because we want there to be democracy. »
While waiting for his bill to be put to the vote, Mr. Tshiani is considering his political future. “I am thinking very seriously about my presidential candidacy. But I can’t say until the law is reviewed,” he said. In 2018, he presented himself as an independent with the slogan “100% Congolese and loyal to the DRC”. He then won 0.13% of the vote.