DRC’s constitutional battle: The fight over the 2028 vote | News
Kinshasa, DR Congo – Political Turmoil Surrounds Presidential Term Limits
President Felix Tshisekedi is scheduled to depart from office in 2028 under the current Constitution of the Democratic Republic of the Congo. However, as his term approaches its conclusion, a contentious debate over the rules governing presidential succession is reshaping the political landscape in the country.
In May, Tshisekedi stated he had no intentions of seeking a third term, yet he expressed willingness to continue if the Congolese populace desired it. This statement reignited concerns among opposition leaders about potential constitutional amendments that could alter the existing two-term limit for the presidency.
The Democratic Republic of the Congo’s constitution stipulates that the president serves a five-year term, which may be renewed once. Importantly, the number of terms a president can serve is safeguarded against constitutional amendments.
Tshisekedi’s supporters argue that the nation requires institutional reform; opponents contend these reforms could pave the way for changes to the current succession rules. The political strife unfolds amid a rebellion in eastern DRC led by the armed group M23, which is part of the Alliance Fleuve Congo (AFC), a coalition that controls the cities of Goma and Bukavu.
With anticipated opposition protests planned for September and Tshisekedi’s commitment to convene an inclusive national dialogue, the situation is rapidly evolving.
Controversy Over a Potential Referendum
Tensions escalated in June when the Congolese Parliament approved legislation outlining conditions for a referendum. In July, the Constitutional Court ruled that the new law adhered to constitutional standards, albeit with reservations about certain provisions. Subsequently, on August 10, Tshisekedi formally requested the chairs of the National Assembly and Senate to reconsider the legislation based on the court’s observations. The National Assembly indicated that it would revisit the matter during its September session.
The legislation includes provisions for a constituent assembly that would convene a referendum in cases of “major dysfunction” in state institutions. Critics warn that this mechanism may ultimately facilitate amendments allowing Tshisekedi to pursue a third term, while the government frames reform as a necessary institutional adjustment.
The primary opposition coalition, known as C64, references Article 64 of the constitution which urges citizens to resist any unlawful assertion of power. C64 has vowed to fight against any attempts to extend Tshisekedi’s term beyond 2028, planning a nationwide mobilization on September 15, culminating in demonstrations at the Palais du Peuple, the parliamentary seat in Kinshasa.
Public Opposition Takes to the Streets
Protests have already erupted, with thousands demonstrating in Goma and Bukavu on July 28 against proposed constitutional amendments. In Kinshasa, similar crowds are expected at the Palais du Peuple during the upcoming demonstrations.
C64 aims to direct its protest towards the central institution involved in the constitutional process. Jean-Marc Kabund, a prominent opposition figure, asserted that no constitutional changes should be allowed to bypass the existing framework, cautioning that doing so during an ongoing conflict could exacerbate societal divisions.
Conflict and Constitutional Implications
The ongoing constitutional quarrel unfolds against the backdrop of a conflict that has significantly affected eastern Congo. The M23 group, supported by the AFC, has captured substantial territory, including Goma and Bukavu. The Congolese government has accused Rwanda of backing M23, a claim that Rwanda has denied.
As concerns about the feasibility of the 2028 elections arise, Tshisekedi has warned that conducting credible elections may be impossible if conflict persists in ungoverned territories.
Emmanuel Bugama, a political analyst in Bunia, emphasized that national interests should take precedence over political disputes amidst such turmoil.
Diverse Perspectives from Eastern Congo
In territories beyond Kinshasa’s control, such as Goma, skepticism regarding Tshisekedi’s leadership is palpable. Gentil Mulume, a civil society activist, declared that any constitutional amendments to facilitate an extension of Tshisekedi’s term would not be recognized in M23-held areas. He suggested that an extended rule could be perceived as imposition, and emphasized the importance of self-determination in political discussions.
Meanwhile, ordinary citizens express confusion regarding the proposed constitutional changes. Kevin Kalala, a mobile-credit retailer in Kinshasa, remarked that many lack a clear understanding and urged the government to educate citizens on constitutional matters before any amendments are pursued.
A Call for National Dialogue Amidst Rising Tensions
In response to escalating tensions, Tshisekedi has proposed a comprehensive national dialogue involving political parties, civil society, and religious organizations. During his visit to Libreville, Gabon, on August 16, he pledged to outline his vision for the discussions. The specifics regarding the dialogue’s date and format remain undetermined.
While Tshisekedi has ruled out engaging with those he accuses of supporting armed rebellion or foreign intervention, Martin Fayulu, who previously challenged him in the 2018 election, has called for participation from former President Joseph Kabila and Corneille Nangaa of the AFC.
As the constitutional conflict intensifies alongside the war in the east, uncertainty looms over the 2028 elections. The pressing question is not only whether the constitution will undergo changes, but whether the political factions in Congo can reach consensus on the governance framework following Tshisekedi’s current term.
“This is poised to be one of the most significant moments in our recent history,” Bugama stated. “While armed groups control parts of the country, the government in Kinshasa is entangled in constitutional debates rather than addressing the urgent issues at hand.”
