With Eastern Congo still at war, President Félix Tshisekedi’s push for constitutional change is opening another front at home, as opposition leaders, civil society groups and legal experts warn against altering the country’s political rules in the middle of a national crisis.
By Jean-Pierre A *
The Democratic Republic of Congo is heading into a bitter political fight over its Constitution. President Félix Tshisekedi’s push for constitutional change has drawn growing resistance from opposition parties, civil society organisations and legal experts. Critics fear the process could eventually clear the way for him to remain in power beyond the two terms currently allowed.
The dispute comes at a difficult moment for the country. Large parts of eastern DRC remain affected by conflict, millions of people have been displaced and armed groups continue to challenge state authority. For opponents of the proposed changes, the government’s priorities should be clear: restore peace, recover lost territory and address the humanitarian crisis.
Tshisekedi’s current term is due to end in January 2029. His comments in recent months, however, have kept questions about his political future alive.
The President has suggested that if the Congolese people wanted him to continue, he would be prepared to do so. He has also said there would be no elections in 2028 unless the conflict in the eastern provinces is resolved.
Last month, Tshisekedi said he was not seeking a third term, but left open the possibility of accepting one if that was what the people wanted.
“I have not asked for a third term, but if the people want a third term, I will accept,” Tshisekedi said.
His opponents were not reassured.
They see the constitutional debate as part of a wider effort to alter the rules of political power. The controversy has already reached the streets. Protests in May were suppressed by police, and opposition and civil society groups have continued to mobilise against the proposed changes.
Their argument is that constitutional reform is not the country’s most pressing concern.
A Constitutional Fight While the East Burns
The debate is unfolding against one of the gravest security crises facing the DRC.
Millions of people have been internally displaced by fighting in North and South Kivu. Several armed groups remain active in the region, while the Alliance Fleuve Congo, or AFC, occupies large areas in the east.
Diplomatic efforts have yet to bring lasting stability. The Washington peace accords signed by the DRC and Rwanda have not been fully implemented by either side, and questions remain over territorial control, security and the prospects for a durable settlement.
Against that background, Tshisekedi’s camp remains determined to revisit the Constitution of February 18, 2006.
Opponents point to Article 219, which restricts constitutional revision under exceptional national circumstances.
The article states:
“No constitutional revision may take place during a state of war, a state of emergency, or a state of siege, nor during the interim period in the Presidency of the Republic, nor when the National Assembly and the Senate are prevented from meeting freely.”
Critics say the provision cannot be brushed aside while the country is confronting armed conflict and the loss of effective control over parts of its territory.
Supporters of constitutional change take a different view. Some argue that the 2006 Constitution is outdated, was heavily influenced by foreign actors and has saddled the country with institutional checks and balances that make meaningful reform difficult.
Some have gone as far as describing it as a “constitution of underdevelopment.”
That argument has drawn a strong response from those who reject the claim that the Constitution was imposed on the DRC from outside.
Who Wrote the Constitution?
Fred Bauma, director of Ebureti, a Congolese research institute, has challenged one of the main arguments advanced by supporters of constitutional change.
In a recent opinion article titled “Don’t Allow Congo’s Leaders to Trample Its Constitution,” Bauma urged the United States to deter Tshisekedi from seeking a third term. He disputed claims that the current Constitution was simply written by foreigners.
“The current Constitution was drafted by Congolese people and approved by 84 per cent in a December 2005 referendum,” Bauma wrote in the article published by the Financial Times.
The legal arguments are equally contentious.
Jean-Marie Kalonji, a specialist in domestic and international public law based in Kinshasa, says the approach being advanced by the presidential camp is unconstitutional.
“No rigid constitution in the world provides for its own replacement,” Kalonji said.
According to Kalonji, “change of constitution” is not a recognised legal concept in constitutional law. The established concept is constitutional revision, with procedures and limits set out in the Constitution itself.
His argument is that those procedures matter precisely because the DRC has a rigid Constitution. Its safeguards are intended to prevent those in power from changing fundamental rules whenever political circumstances become inconvenient.
The concern among critics is that presenting the process as the creation of a new constitutional order could become a way of avoiding restrictions that would apply to an ordinary revision.
Fayulu Draws a Red Line
The opposition is stepping up its campaign.
Civil society groups and opposition leaders have organised marches against the proposed amendments. Another demonstration is scheduled for July 7, following protests in May during which Martin Fayulu, a leading opposition figure and former presidential candidate, was injured in Kinshasa.
Fayulu has repeatedly argued that the DRC’s problems stem more from poor governance than from defects in the Constitution.
In an address marking the country’s 66th independence anniversary, he again rejected any attempt to alter the constitutional framework.
“It is in this spirit that I reaffirm my firm opposition to the plan to amend the Constitution of February 18, 2006, as it forms the bedrock of our republican pact,” said Fayulu, who leads Engagement for Citizenship and Development, known by its French acronym ECiDé.
He also warned that pursuing constitutional change while parts of the country remain outside effective government control could worsen existing divisions.
“Embarking on such an undertaking while vast swathes of our country remain under foreign occupation hands arguments to secessionists and paves the way for balkanisation.”
In the DRC, the warning carries particular weight. The country’s history has been marked by secessionist crises, foreign interference, rebellion and repeated threats to national unity. The word “balkanisation” remains one of the most politically charged terms in Congolese public life.
For Fayulu, the constitutional debate cannot be separated from the question of territorial integrity.
Civil Society Says Peace Must Come First
Opposition to the proposed changes is not confined to political parties.
The Human Rights Forum, known by its French acronym FDH, has also rejected initiatives aimed at amending the Constitution under current conditions. The organisation works on human rights, democracy and the rule of law in the DRC.
Its position is that peace and security, particularly in the east, should come first.
In a recent press release, the FDH described the constitutional amendment project as ill-advised given the persistent insecurity in the country. It called on the government to direct its efforts towards restoring peace and state authority across the national territory.
The argument reflects the wider public debate now facing the Tshisekedi administration.
Supporters of constitutional reform say the DRC has the right to examine whether institutions created nearly two decades ago still meet the needs of a vast and difficult-to-govern country.
Opponents say the government has not shown why constitutional change should take precedence over war, displacement, insecurity and the loss of territory.
The Third-Term Question
Much of the controversy turns on Tshisekedi’s political future.His supporters reject the assumption that constitutional reform is automatically a plan for indefinite rule. They argue that the effectiveness of the country’s institutions can legitimately be debated and that the 2006 Constitution should not be treated as untouchable.
But the President’s own comments have ensured that the third-term question remains part of the discussion.
His statement that he would accept another term if the people wanted him to has given opponents fresh grounds for suspicion. So has the continuing uncertainty over what exactly would be changed, how the process would unfold and whether presidential term limits could ultimately be affected.
Kalonji offers one of the strongest condemnations of the initiative.
“What we are looking at here is a constitutional coup d’état. In other words, the regime in power intends to create chaos.”
That is the view of a critic, but it captures the intensity of the confrontation now taking shape.
The DRC is dealing with war in the east, mass displacement, armed occupation and a fragile peace process. At the same time, it is entering a political argument over the rules that determine how power is gained, exercised and transferred.
For Tshisekedi, constitutional reform could become one of the most difficult battles of his presidency. He will have to convince a sceptical public that the project is about improving the state rather than extending his time in office.
The opposition and civil society see the matter differently. For them, the 2006 Constitution is a line that should not be crossed, particularly while the country remains divided by war.
The argument is unlikely to disappear. With another opposition demonstration planned and the President’s political future under increasing scrutiny, the battle over the Constitution is moving closer to the centre of Congolese politics.
And in a country where the government is still fighting to restore authority over parts of its own territory, the timing of that battle may prove just as important as its outcome.
*Culled from July Edition of PAV Magazine
