DRC referendum bill intensifies constitutional standoff

Despite an ongoing Ebola epidemic and persistent insecurity in the eastern Democratic Republic of Congo (DRC), the political elite is increasingly focused on a possible constitutional overhaul, with the ruling majority now openly pursuing amendments.

On June 9, the National Assembly passed a bill to organize referendums — legislation that would be pivotal to any constitutional revision as President Felix Tshisekedi's second and final term expires in 2028. The vote took place without opposition lawmakers, who have boycotted parliament for weeks in protest against the initiative.

Tshisekedi has signaled openness to a scenario that could lead to a third term through constitutional revision and even a potential postponement of elections. "I have not asked for a third term, but I tell you this: If the people want me to have a third term, I will accept," he said in early May during a press conference in Kinshasa.

His Union for Democracy and Social Progress (UDPS) has already launched a public campaign promoting constitutional reform. In power since 2019, Tshisekedi, 62, is constitutionally limited to two terms under the charter adopted 20 years ago.

This is not his first push for change. In 2024, Tshisekedi described the Constitution as a "foreigners' constitution," without offering evidence, and announced plans for a national commission of experts to review it. Those remarks came shortly before the AFC/M23 rebels — backed by Rwanda, according to UN experts — seized key eastern cities including Goma, Bukavu and Uvira.

Some analysts see deeper motives behind the reform push. "When the president puts forward arguments for revising the Constitution, it becomes clear that the goal is not to revise the Constitution but to replace it," Professor Bob Kabamba of the University of Liege told DW.

Opposition accuses Tshisekedi of seeking a third term

Opposition leaders argue that the referendum law is designed to bypass entrenched term limits. Moise Katumbi, who came second in the 2023 presidential election and now lives in exile, was blunt. "The Constitution is not a shirt that can be changed at will. President Tshisekedi himself swore before this Constitution… that he would respect it. A leader must put the interests of the people first," he told DW.

Under the Constitution, neither the number nor the length of presidential terms may be amended. However, the new bill allows changes to these provisions in the event of a "major dysfunction" paralyzing state institutions, subject to a referendum.

Katumbi labels this provision "a subterfuge designed to enable Felix Tshisekedi to carry out a constitutional coup," warning that Tshisekedi will not succeed. "We will resist. This is only the beginning of our protests and if President Tshisekedi is prepared to kill, he will bear responsibility for it."

The presidential camp defends the measure as an exercise in popular sovereignty. "The sovereign people who decided in 2006 on the limits set out in the current Constitution can decide again today. Therefore, those limits do not bind the sovereign people," Paul-Gaspard Ngondankoy, a ruling coalition lawmaker and author of the bill, stated.

Beyond politics, the bill has triggered legal debate. Critics argue that sovereignty cannot be exercised outside constitutional limits. Godefroy Mwanabwato, a lawyer at the Tshopo Bar Association, believes the Constitutional Court may intervene.

"I believe that, in its wisdom, the Court will remove from this bill all provisions that go beyond the powers granted to the legislature," he said, suggesting parts — or even all — of the law could be struck down.

Religious groups are also divided. Some evangelical and Pentecostal churches view reform as beneficial, while the influential Catholic and Protestant churches warn against undermining democratic gains.

A rare united DRC opposition

The reform push has unified a fragmented opposition. At the end of May, figures including Katumbi, Martin Fayulu, Matata Ponyo and Jean-Marc Kabund — alongside civil society groups — launched the "Article 64 Coalition for the Defense of Constitutional Order" (C64).

Many opposition figures now operate from exile after arrests, threats or alleged torture. Others have spent months in detention without trial. Former President Joseph Kabila, sentenced to death for alleged ties to the AFC/M23 rebellion, also opposes what he calls a "dictatorship" in Kinshasa.

Katumbi has framed the standoff as a broader national crisis: "You do not hold dialogue with your friends. You hold dialogue with your adversaries. What we are seeking is to silence the guns in our country.”

Public protests are also gaining momentum. A nationwide "ville morte" (ghost town) strike on June 3 was widely observed in Kinshasa and other cities. Further demonstrations, including sit-ins outside parliament, are planned.

"When we talk about changing the Constitution, it means that today's Congo exists through that Constitution. It provides for a President, a government and a Parliament. If you remove that Constitution, then the President is no longer President and Parliament is no longer Parliament. We would be entering a completely different system of governance," Bob Kabamba, one of the drafters of the current Constitution, told DW.

The opposition is also seeking international backing. Katumbi has appealed directly to US President Donald Trump, warning of destabilization resulting from Tshisekedi's initiative. "If Tshisekedi does not want to respect the Constitution, how can anyone expect him to respect the partnership agreement with the US on minerals?"

Some analysts suggest Tshisekedi feels emboldened by international support linked to strategic mineral deals. "The DRC–US agreement strengthens President Tshisekedi's political standing," Yvon Muya, research associate at the University of Ottawa, told DW, noting broader geopolitical stakes in the region.

Tshisekedi himself has linked constitutional reform to external pressures, saying in May that "the Americans have demanded certain reforms from us" and that these "could not be carried out without revising the Constitution."

Edited by: Chrispin Mwakideu