The National Assembly in Kinshasa has overwhelmingly approved a bill governing the organization of a referendum. While the opposition views this move as a strategic step toward constitutional reform, allowing President Felix Tshisekedi to seek a third term, what exactly does the legislation entail? How could it pave the way for changes to the country’s foundational law, and what procedural hurdles remain before any constitutional amendment can take place?
For clarity on these pressing questions, we turn to Paulina Zidi, our permanent correspondent in the capital.
Understanding the referendum law: what changes could lie ahead?
The newly adopted text lays out the framework for conducting a national referendum, a process that could ultimately lead to amendments of the Constitution. Critics argue that the timing and scope of the referendum suggest a political agenda aimed at extending the current administration’s mandate. But what does the law specifically authorize, and how does it differ from previous constitutional amendment procedures?
Under the proposed legislation, a referendum could be triggered to approve constitutional changes, bypassing some of the stricter parliamentary approval requirements. This approach, if successful, would enable key modifications to be ratified directly by the electorate rather than through legislative consensus alone.
Key provisions of the referendum bill
- Electoral authority: The law grants the Independent National Electoral Commission (CENI) expanded powers to oversee the referendum process, including voter education and logistical arrangements.
- Voter eligibility: It reaffirms universal suffrage but introduces stricter identification requirements to prevent fraud.
- Timeline flexibility: The text allows the President to set the referendum date within a 12-month window, subject to parliamentary and constitutional review.
- Constitutional safeguards: Provisions are included to ensure transparency, including independent monitoring and public access to results.
Potential implications for governance
If the referendum is held and constitutional amendments are approved, several scenarios could unfold:
- Term limits: Removal or extension of presidential term limits, potentially allowing President Tshisekedi to run again in 2028.
- Institutional reforms: Adjustments to the balance of power between the executive, legislative, and judicial branches.
- Decentralization: Potential expansion of provincial autonomy, a long-standing demand in certain regions.
However, the opposition and civil society groups warn that rushing such a process risks undermining democratic norms and exacerbating political tensions.
What happens next? The road to constitutional reform
The path forward is complex and fraught with procedural and political challenges. Here’s what to expect in the coming months:
Step 1: Constitutional Council review
The bill must first be reviewed by the Constitutional Council to ensure it complies with existing constitutional provisions. This step is critical, as any procedural flaws could derail the entire process.
Step 2: Public debate and mobilization
Before the referendum can proceed, a period of public consultation and debate is required. This phase allows citizens, political parties, and civil society organizations to weigh in on the proposed changes. Expect heated discussions in the media and on the streets.
Step 3: Parliamentary approval of amendments
Any changes to the Constitution must be formally approved by a two-thirds majority in both chambers of Parliament. Given the current political dynamics, this could be a contentious process, with opposition lawmakers likely to challenge the amendments on legal and procedural grounds.
Step 4: Organizing the referendum
If Parliament approves the amendments, the referendum can be scheduled. The CENI will play a central role in ensuring the vote is conducted fairly and transparently. However, logistical challenges, including security concerns in certain regions, could complicate the process.
Step 5: Results and implementation
The referendum results will determine whether the amendments are adopted. If approved, the President will sign the changes into law, and the revised Constitution will take effect. If rejected, the government may need to revisit its approach or abandon the reform altogether.
Challenges and controversies
The referendum initiative has sparked significant debate, with critics raising concerns about:
- Timing: Accusations that the government is rushing the process to avoid public backlash.
- Transparency: Calls for greater scrutiny of the CENI’s independence and the fairness of the referendum campaign.
- Legal risks: Potential challenges in court if the process is deemed unconstitutional or if procedural errors are identified.
Proponents, however, argue that the referendum offers a democratic path to modernize the Constitution, addressing issues such as decentralization and governance inefficiencies.
Looking ahead: a pivotal moment for the DRC
The coming months will be decisive for the Democratic Republic of Congo. Whether the referendum proceeds smoothly or becomes mired in controversy, its outcome will shape the country’s political landscape for years to come. As the debate intensifies, all eyes will be on Kinshasa to see how this critical process unfolds.