Democratic Republic of Congo debates popular sovereignty and constitutional reform

Politics

Democratic Republic of Congo debates popular sovereignty and constitutional reform

Two decades after the 2005 referendum law, legislators in the Democratic Republic of Congo have passed new legislation outlining the procedures for organizing referendums, particularly concerning constitutional amendments.

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Le bâtiment du Parlement à Kinshasa.

The legislative reform has drawn sharp criticism from the opposition, who interpret it as an attempt by President Félix Tshisekedi to secure a third consecutive term in office.

However, proponents view the new text as a vital affirmation of popular sovereignty, while other observers caution that it could potentially clash with the existing Constitution.

For those advocating for the reform, the primary objective is to bolster popular sovereignty. In Kinshasa, some legal experts, like Maria Eloyi, perceive no issue with the initiative. She asserts, “Since the Constitution embodies the voice of the people, any alteration or modification to it must necessarily undergo a referendum process, which represents the popular will. No one can bypass this procedure. It’s not solely about political interests; I believe certain articles within our Constitution truly require amendment.”

Public sentiment: diverging views on national priorities

This argument resonates with some Congolese citizens. Placide Lukeka, a young resident of Kinshasa, expressed that he has “always awaited such an initiative because I have consistently supported constitutional change. Those who believe constitutional amendments are solely politically motivated are mistaken. Moving to a new Republic will bring positive transformation for our nation.”

Listen to the report from Kinshasa…

Conversely, Ange Aloki holds a different perspective. She contends that the referendum debate is out of sync with the immediate concerns of the populace. “I don’t approve,” she stated. “There are other pressing issues in the country that we should be focusing on. Why dedicate so much energy to this just two years before elections? Where were they all this time to change the Constitution?”

Legal scrutiny and constitutional challenges

Beyond its political implications, the new legislation has ignited a significant legal discussion. Many specialists argue that popular sovereignty cannot be exercised outside the framework established by the Constitution itself.

Godefroy Mwanabwato, a lawyer from the Tshopo Bar, hopes that after its passage through Parliament, this law will be partially or entirely rejected by the Constitutional Court.

In his view, “this court will be able to extract from this draft law all provisions that exceed the legislative body’s recognized authority to regulate referendum matters.”

Within the political arena, the opposition firmly rejects this procedure. Their deputies walked out of the plenary session during the examination of the bill. Opposition leaders previously called for a general strike on June 3rd and organized a sit-in this past Friday, June 13th.