Congo-Kinshasa: DR Congo Referendum Bill Intensifies Constitutional Standoff

Congolese lawmakers this week passed a referendum bill that could lead to constitutional reform ahead of the 2028 elections. The opposition has warned of a "constitutional coup."

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 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"