Congo referendum law sparks sovereignty debate

Politics

In the Congo, the referendum law revives the debate on popular sovereignty

Twenty-one years after the 2005 referendum law, lawmakers have adopted a new bill regulating referendum procedures, particularly for constitutional reforms.

The Parliament building in Kinshasa

The newly adopted bill has triggered sharp criticism from the opposition, which accuses President Félix Tshisekedi of seeking a third consecutive term. Yet some voices argue it reinforces popular sovereignty, while others warn it may conflict with the Constitution.

Proponents of the reform, including jurists in Kinshasa, contend that any constitutional amendment must go through a referendum to reflect the will of the people. Maria Eloyi, a legal expert, asserts that “since the Constitution embodies the voice of the people, any changes must follow the referendum process. This is not just about political interests; the Constitution contains articles that require updating.”

Constitutional reform: a priority for some, a distraction for others

Some citizens share this perspective. Placide Lukeka, a young resident of Kinshasa, believes “this initiative is long overdue. I’ve always supported changing the Constitution. Those who claim it’s purely political are mistaken. Transitioning to a new Republic could bring positive change to our country.”

Voices against the reform

Not everyone agrees. Ange Aloki argues that the referendum debate diverts attention from more pressing national issues. “I’m not in favor,” she says. “There are other urgent priorities. Why spend so much energy on this just two years before elections? Where were they all this time to address constitutional reform?”

Legal uncertainties and constitutional challenges

The debate extends beyond politics into legal territory. Legal experts, including Godefroy Mwanabwato, a lawyer from Tshopo, believe the Constitutional Court may strike down parts or all of the law. “The Court could remove provisions that exceed the legislative body’s authority to regulate referendums,” he explains.

The opposition has taken a firm stance. Its lawmakers boycotted the bill’s parliamentary review, and opposition leaders have called for a city-wide shutdown on June 3 and a sit-in on June 13.