Constitutional reform battle intensifies in DRC

With more than two years until President Felix Tshisekedi is due to leave office in 2028 under the current Constitution of the Democratic Republic of the Congo, a battle over the rules governing the end of his mandate is already reshaping Congolese politics.

In May, Tshisekedi said he had not sought a third term but would accept one if the Congolese people wanted him to continue, remarks that revived opposition fears that constitutional reform could eventually open a path beyond the existing two-term limit. Under the current constitution, the president is elected for five years, renewable once, while the number and length of presidential terms are protected from constitutional revision.

The confrontation accelerated in June when Parliament passed legislation setting out conditions for organising a referendum. The Constitutional Court ruled in July that the law complied with the constitution, while raising concerns about some of its provisions. On August 10, Tshisekedi formally asked the presidents of the National Assembly and Senate to reconsider the legislation in light of the court's observations. The National Assembly said the fresh deliberation would be placed on the agenda for its September session.

The legislation provides for a constituent assembly followed by a referendum in the event of a "major dysfunction" of state institutions. Tshisekedi has not yet decided whether to pass the bill into law.

Opposition calls to abandon the project

The main opposition group, the C64 coalition (named after Article 64 of the constitution), has announced a nationwide mobilization for September 15. Demonstrations initially planned for mid-August were postponed by C64 organisers to the new date. Thousands had already demonstrated in Goma and Bukavu on July 28 against the proposed constitutional changes.

Delly Sesanga, president of the ENVOL party and a C64 member, called on Tshisekedi to "give up" the proposed changes. "A nation at war should not have changing the constitution as a priority," he said. Sesanga called the president's move to return the draft law to parliament "a gesture that is still not sufficient" and urged the head of state and the assembly, dominated by the presidential majority, to "definitively abandon this project."

Jean-Marc Kabund, an opposition politician, told Al Jazeera that no constitutional revision should be allowed to circumvent the constitution. Martin Fayulu called for former President Joseph Kabila and Corneille Nangaa to participate in the dialogue.

The opposition emerged weakened from the 2023 presidential election, which Tshisekedi won by a wide margin, and analysts are doubtful of its ability to mobilise the public. Rejecting any notion of division among the opposition, Sesanga said that in the DRC, "the main opponent is the misery in which our population lives, insecurity, the lack of jobs for young people." He added, "We are speaking with one voice, with the same energy, with the same commitment."

Conflict in the east complicates the debate

The proposed constitutional change comes as much of the country is riven by conflict, particularly in the east, where the Rwanda-backed M23 seized swathes of territory last year. M23 and the broader Alliance Fleuve Congo (AFC), a political-military coalition, control Goma and Bukavu, the capitals of North Kivu and South Kivu. The government accuses Rwanda of supporting M23, a claim Kigali denies.

Tshisekedi warned that elections may not be possible if fighting continues, making it difficult to organize a credible vote. Millions of voters in North Kivu and South Kivu, whose capitals fell to M23 in January 2025, could be prevented from voting in 2028. "No serious Congolese would accept an election without North Kivu and South Kivu," Sesanga said.

Sesanga also called for M23 to take part in the national dialogue for "peace and reunification," but authorities refused. Tshisekedi has ruled out sitting with people he accuses of siding with Rwanda or the armed rebellion.

Dialogue and diplomacy

In mid-July, Kinshasa announced the organisation of a national dialogue long demanded by the opposition, without specifying its terms. Tshisekedi has proposed an inclusive national dialogue; while in Libreville on August 16, he said he would soon address the nation.

On Sunday, the Swiss government announced that the DRC and M23 had agreed to a fresh roadmap for peace talks. The development adds a diplomatic dimension to the constitutional and security crises.

Perspectives

Opposition

Opposition leaders, including Delly Sesanga and Jean-Marc Kabund, argue that constitutional revision should not be a priority while the country is at war. They fear the process could be used to extend Tshisekedi's mandate beyond the two-term limit and have called for the project to be abandoned.

Government and presidential camp

President Tshisekedi's camp says the country needs institutional reform. Tshisekedi himself has said he would accept a third term only if the Congolese people wanted him to continue, framing any change as a matter of popular will.

Civil society and analysts

Emmanuel Bugama, a political analyst, said national interests should come before political disputes. Gentil Mulume, a civil society activist in Goma, said constitutional change extending Tshisekedi's mandate would not be recognized in M23-controlled territory. Kevin Kalala, a Kinshasa resident, said he does not know enough about the constitution to take a position.