DR Congo President Tshisekedi Enacts Referendum Law Paving Way for Constitutional Revisions

Democratic Republic of Congo President Félix Tshisekedi has enacted a sweeping new law establishing the legal framework for national referendums. The legislation, promulgated on November 9 and announced on state television the following day, replaces a two-decade-old transitional statute. It provides a direct mechanism for citizens to approve a new constitution.[1][2]

The enactment of Law n° 26/045 immediately intensified a fierce domestic political dispute over the country's future leadership. The text permits the state to draft an entirely new constitution or modify existing provisions in cases of "absolute necessity." Opposition leaders argue the law is a procedural maneuver designed to abolish term limits.[2][3]

Under the current 2006 Constitution, the presidency is strictly limited to two five-year terms. Tshisekedi, who first took office in 2019 and secured reelection in 2023, is scheduled to conclude his final mandate in 2028. Article 220 of the foundational document explicitly forbids any revision to these terms.[1][4]

Critics contend that adopting a completely new constitution through a referendum would bypass the Article 220 restriction entirely. By replacing the foundational text rather than amending it, the government could reset the institutional clock. This would theoretically allow the incumbent president to run again under a newly established republic.[3][6]

Government officials and supporters of the president dismiss these accusations, framing the legislation as a necessary modernization of democratic tools. They argue the previous 2005 law was designed solely to ratify the post-war constitution. The new framework, they maintain, simply restores sovereign power to the electorate.[2][5]

Triggering a national vote

The newly promulgated law establishes four distinct pathways to initiate a national referendum. A vote can be called directly by the president, or by the government following a formal deliberation in the Council of Ministers. It can also be triggered if half the members of either parliamentary chamber agree.[3][5]

In a provision highlighted by the ruling coalition as a democratic advance, the law allows for citizen-led initiatives. A referendum can be forced if at least 100,000 citizens sign a formal petition addressed to the National Assembly or the Senate. The text designates participation as a civic duty.[2][5]

The legislation defines a referendum as a direct consultation where citizens answer "yes" or "no" to a specific question or proposed text. It standardizes the rules for campaign periods, voting procedures, and the proclamation of results. The framework also assigns jurisdiction for electoral disputes to existing judicial bodies.[5][7]

The legal justification rests heavily on Article 5 of the current Constitution, which states that national sovereignty belongs to the people. The law's explanatory memorandum cites two Constitutional Court rulings from 2021 and July 2026. These rulings affirmed the state could seek a new constitution if absolute necessity demanded it.[2][6]

Roger Kalenga, the deputy spokesperson for the president, read the promulgation ordinance on the RTNC national broadcast network late Tuesday. He emphasized that the law gives full effect to the principle of direct democracy. The legislation took immediate effect upon its signature, abrogating all contrary prior provisions.[2][8]

A fractured legislative process

The law's journey through the Congolese parliament highlights the deep polarization surrounding the country's institutional future. The initial draft, authored by lawmaker Paul-Gaspard Ngondankoy, passed both chambers in June when the ruling Union Sacrée coalition utilized its overwhelming majority. However, the process stalled when the Constitutional Court intervened.[2][6]

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In a July 28 ruling, the Constitutional Court declared the bill broadly compliant but mandated significant revisions. The judges required lawmakers to rewrite thirteen specific articles, demanding clearer definitions of the conditions under which a referendum could be organized. Tshisekedi subsequently returned the bill to parliament.[6]

When the revised text returned to the National Assembly in late October, opposition lawmakers staged a coordinated boycott. They refused to participate in a process they described as laying the groundwork for a constitutional coup. Consequently, the lower house adopted the bill with 346 votes in favor.[6][8]

The Senate followed suit on October 31, passing the legislation unanimously with 78 votes in favor and zero abstentions. The absence of opposition voices in both chambers allowed the ruling coalition to finalize the text without domestic parliamentary resistance. The swift passage cleared the final hurdle.[6][7]

Opposition leaders warned that the ruling coalition would bear sole responsibility for the law's consequences. They characterized the legislation as a partisan tool designed exclusively to serve the Union Sacrée. The boycott strategy, however, left the opposition with no institutional leverage to alter the final text.[1][6]

The Article 64 coalition

Outside the parliament building, resistance to the referendum framework has coalesced around a newly formed opposition alliance known as C64. The group takes its name from Article 64 of the Constitution, which obliges citizens to oppose anyone seizing power unconstitutionally. The coalition includes several major political factions and civil society groups.[1][3]

The C64 platform has struggled to translate its institutional grievances into sustained mass mobilization. Opposition-led protests in Kinshasa and other major cities during June and September were met with heavy police presence and failed to draw overwhelming crowds. The coalition remains fragmented following Tshisekedi's decisive electoral victory last December.[1][3]

Opposition leaders point to Tshisekedi's own remarks earlier this year as evidence of his long-term intentions. During a rare press conference in May, the president stated he was not actively seeking a third term but added a crucial caveat.[1][4]

"If people want me to have a third term, I will accept," Tshisekedi told reporters at the time, triggering immediate backlash from civil society groups. The statement became a rallying cry for opponents who feared an impending constitutional rewrite.[1][4]

Those comments fundamentally altered the domestic political calculus, transforming a procedural debate over referendum mechanics into a proxy battle over the 2028 succession. Critics argue the new law provides the exact legal machinery required to manufacture the popular demand Tshisekedi referenced. The government denies any such premeditation.[1][6]

The political maneuvering in Kinshasa unfolds against a backdrop of severe national security challenges. The eastern provinces of North Kivu and South Kivu remain engulfed in a violent conflict with the M23 rebel group, which is backed by neighboring Rwanda. The ongoing war has displaced millions and complicated national governance.[1][3]

Navigating the next phase

While the referendum law is now active, the government has not yet proposed a specific constitutional question or scheduled a vote. The legislation merely establishes the procedural container for future initiatives. Any move to draft a new constitution would require the assembly of a constituent body and extensive national consultations.[2][6]

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Tshisekedi has previously floated the idea of holding a national dialogue to discuss potential institutional reforms. However, major opposition figures have preemptively rejected the invitation, viewing it as a trap designed to legitimize an extension of the president's mandate. They insist the current constitutional order must remain untouched.[1][3]

The international community has largely remained silent on the procedural changes, focusing instead on the humanitarian crisis in the east. Regional mediators, including those involved in the Luanda peace process, are monitoring the political stability in Kinshasa. A protracted constitutional crisis could undermine efforts to negotiate a ceasefire with armed groups.[1][3]

Legal experts note that organizing a credible national referendum would require immense logistical and financial resources. The Democratic Republic of Congo struggled with significant operational delays during the 2023 general elections. Replicating that nationwide deployment for a constitutional vote before the 2028 cycle presents a formidable administrative challenge.[2][6]

For now, the enactment of Law n° 26/045 shifts the burden of action to the presidency and the ruling coalition. They possess the legal authority and the parliamentary numbers to initiate a constitutional overhaul whenever they choose. The opposition must now decide whether to contest the law or prepare for a referendum campaign.[2][6]