Understanding the new referendum law in Democratic Republic of the Congo
The National Assembly in Kinshasa has overwhelmingly approved the proposed law governing the organization of referendums. While the opposition views this vote as the first step toward constitutional changes that could enable President Felix Tshisekedi to seek a third term, the legislation itself outlines specific procedures and safeguards. What does this law actually entail, and how might it lead to changes in the country’s foundational legal framework? What are the subsequent stages that could culminate in constitutional amendments?
Analysis by local parliamentary sources
Key provisions of the referendum law
The newly adopted text establishes several critical mechanisms:
- Clear procedural guidelines for conducting national referendums, including voter registration protocols and polling station management
- Transparency measures requiring public disclosure of campaign financing and media access rules to ensure balanced information dissemination
- Legal safeguards against electoral fraud, with provisions for independent monitoring and dispute resolution procedures
- Timeline specifications for when referendums may be called and the minimum intervals required between different types of elections
Pathway to constitutional changes
While the referendum law itself doesn’t alter the Constitution, it creates the legal framework for potential amendments. The process would require:
Three distinct phases:
- Initiation: A referendum may be proposed by either the President, a majority of Parliament, or through citizen petitions meeting specific signature thresholds
- Legislative approval: Any proposed constitutional amendments must first pass through Parliament with supermajority support
- Public validation: The final changes would then require approval through a national referendum as outlined in the new law
The opposition has expressed concerns that this legal framework could be used to extend term limits, though government officials maintain the provisions simply codify existing electoral practices.
Ongoing debates and next milestones
Parliamentarians are scheduled to reconvene in September to begin discussions on potential constitutional amendments, with the earliest possible referendum not expected before mid-2027. Legal experts note that any changes to presidential term limits would require particularly robust public support given the sensitivity of this issue in Congolese politics.
The new law takes effect immediately, though implementation of specific provisions will roll out gradually over the coming months.
