DRC President Promulgates Referendum Law Amidst Third-Term Concerns
New legislation establishes procedures for constitutional amendments, sparking intense political debate over presidential term limits.
1New Referendum Framework
President Félix Tshisekedi enacted a new referendum law on November 9, 2026, establishing formal procedures for public consultations. While the 2005 law was limited to a single specific vote, this legislation creates a permanent framework. It allows for constitutional revisions or the adoption of an entirely new national constitution.
2Term Limit Controversy
The Congolese Constitution currently restricts the president to two terms and protects this limit under Article 220. Opposition figures, including Martin Fayulu and Moïse Katumbi, fear the new law serves as a mechanism to bypass these restrictions. They suspect the process could facilitate a third term for President Tshisekedi.
3Legal Interpretation Disputes
Deputy Paul-Gaspard Ngondankoy, the law's architect, argues that direct voter consultation transcends parliamentary restrictions on constitutional revisions. He suggests that while state institutions like the Congress face limits, the electorate retains sovereign power to modify protected provisions. This interpretation remains a primary point of contention for the political opposition.
4Procedural Requirements
Initiating a new constitution requires a petition signed by 250,000 citizens submitted to the president. This process differs from Article 218, which requires 100,000 signatures to petition Parliament. Following the petition, the president would convene experts, consult civil society, and task a constituent assembly with drafting the proposed text.
5State of Siege Conflict
Article 219 prohibits constitutional revisions during a state of siege. On November 9, Tshisekedi extended the state of siege in Ituri and North-Kivu for fifteen days. The legal compatibility of conducting constitutional changes while these specific security restrictions remain active in eastern provinces is currently a major debate point.
6Doha Peace Negotiations
The Front for the Refoundation of the Nation, led by Joseph Kabila, has requested Qatar to address these constitutional plans during peace talks. They argue that changing the constitution could jeopardize existing agreements signed in 2025 between Kinshasa and the AFC/M23 movement, which the FRN has since absorbed into its ranks.
7Political Uncertainty Ahead
Tshisekedi previously suggested in May that the 2028 presidential elections might face delays. With the new referendum law now in effect, observers are monitoring whether the government will utilize the petition process. The potential for a constitutional overhaul adds significant complexity to the nation's fragile political and security landscape.
8Future Strategic Indicators
The path forward depends on two distinct tracks: the potential filing of a 250,000-signature petition in Kinshasa and the mediation response in Doha. If the electorate rejects a proposed constitution, the current text remains in force. Stakeholders are now watching for official government moves regarding these specific legal mechanisms.