In the DRC, Tshisekedi and the puzzle of constitutional revision
In the Democratic Republic of Congo (DRC), the idea of modifying the Constitution, which has been circulating for several months behind the scenes of power, is now fueling debate. President Félix Tshisekedi officially announced, on October 23 in Kisangani, his intention to set up a commission in 2025 bringing together representatives from different layers of society to draft a new Constitution.
According to the president, re-elected in December 2023 for a second and final term, as well as members of his party, the Union for Democracy and Social Progress (UDPS), the current 2006 Constitution is no longer adapted to realities of the DRC. It is therefore urgent, according to them, to opt for a new fundamental law which does not constitute a brake on the functioning of the country. Several articles are considered problematic, notably those limiting presidential terms. The current Constitution is also criticized for its complexity, particularly in the election of provincial governors and the establishment of institutions. It is even criticized for having been written outside Congolese territory.
This initiative immediately aroused the suspicions of the opposition and provoked reactions within Congolese civil society, which fears a maneuver to allow a possible third term.
Tshisekedi with the wind in his sails?
Curiously, it is this same Constitution which allowed Tshisekedi to access the supreme office, not once, but twice. And yet, it is now being called into question. By choosing Kisangani, the city where part of the work leading to the fundamental law of 2006 took place, Tshisekedi maintains a strong symbol. However, despite his displayed determination, this project does not appear to be without obstacles.
Despite a large majority in Parliament, Tshisekedi could face resistance. As an African proverb reminds us: “It is not because the bird is small that it should be eaten with its feathers. »
A pitched battle in sight?
Among the provisions of the current Constitution in focus is article 217, which stipulates that “The Democratic Republic of Congo may conclude treaties or association or community agreements involving a partial abandonment of sovereignty with a view to promoting African unity. During a meeting in Lubumbashi on November 16, Tshisekedi criticized this provision, saying that it would allow a “sale” of Congolese sovereignty to other African states.
The president also rejected criticism from the opposition, which he accused of having nothing to offer, and was firm in the face of civil society, notably the Congolese Episcopal Conference, which opposes the draft revision. Tshisekedi says he will not change his mind.
This posture is puzzling, especially since he continues to deny any desire to run for a third term. But doubts persist.
A real source of concern
While the DRC is facing a serious crisis in the east of the country, exacerbated by tensions with Rwanda since 2022, this project could further aggravate divisions. In a country where political, economic and identity rivalries are omnipresent, such a crystallization of tensions could prove explosive.
The specter of a “New Republic” allowing a third term remains a fear for many. This possibility fuels concerns, especially as Congolese institutions struggle to inspire the confidence necessary to guarantee ethical governance that respects the texts.
Respecting laws and ensuring their application in the common interest remains a major challenge in the DRC. As Nicolas Machiavelli wrote in Discourse on the first decade of Livy : “It is not the title that honors the man, but the man who honors the title. » Thus, it is not institutions that make great men, but men who make great institutions.
The DRC still seems far from achieving this ideal. And in this context, the constitutional revision proposed by Tshisekedi risks fueling tensions more than resolving the country’s structural problems.
