On October 23, 2023, President Felix Tshisekedi of the Democratic Republic of Congo proposed changes to the constitution, including presidential term limits, describing the current framework as outdated. He plans a commission to draft a new constitution, indicating that term limit changes would be decided by the people. The proposal has raised concerns of potential power consolidation, particularly given the country’s history of term limit violations by former President Kabila, and the ongoing restrictions on dissent under Tshisekedi’s administration.
On October 23, 2023, Democratic Republic of Congo President Felix Tshisekedi addressed an audience in Kisangani, proposing potential amendments to the country’s constitution, particularly concerning presidential term limits. In this speech, Tshisekedi characterized the existing constitution as “outdated” and lacking alignment with the current circumstances of the nation. He mentioned his intention to establish a commission to formulate a new constitution by 2025, while acknowledging that any modification to presidential term limits would ultimately be decided by the populace. Government officials have expressed support for these revisions. The media and communication minister has openly backed the need for constitutional change, and the secretary-general of the ruling party called on members to advocate for a constitutional revision among party affiliates. Historically, the subject of presidential term limits carries significant weight in the Democratic Republic of Congo. Article 220 of the 2006 constitution, instituted by the late President Joseph Kabila, firmly prohibits alterations concerning the duration and number of presidential terms. Despite this, Kabila extended his presidency beyond the constitutional limit amid a climate of repression and violence, leading up to December 2016, when he remained in office past his mandated second term. At that juncture, President Tshisekedi was an influential member of the opposition, advocating for adherence to constitutional regulations, including those pertaining to presidential tenure. Concerns have arisen among various rights organizations and civil society groups, along with political opposition factions, that President Tshisekedi’s intentions may reflect a desire to circumvent the established two-term limit. Following his contentious re-election in December 2023, which was marred by violence, his administration has instituted a crackdown on dissent, severely restricting fundamental rights, including free expression and peaceful assembly. Currently, at least three political figures and two human rights defenders are reported as being arbitrarily detained. While constitutional amendments are permissible, any proposed changes must maintain compliance with international human rights obligations, ensuring that every citizen retains the right to partake in free and fair elections to select their leaders.
The Democratic Republic of Congo operates under a constitution defined in 2006 during Joseph Kabila’s administration, which emphasized the importance of limiting presidential terms to foster democratic governance. However, Kabila’s violation of these term limits, coupled with ongoing political turbulence, has created a highly sensitive context regarding any proposed constitutional amendments. President Tshisekedi’s recent remarks suggest an acknowledgment of the current constitution’s inadequacies. The political climate characterized by repression and curtailment of freedoms poses questions regarding the legitimacy of any future amendments, especially those that could affect democratic processes and civil liberties.
President Tshisekedi’s proposal to amend presidential term limits, articulated during a speech in Kisangani, has incited considerable concern among various stakeholders within the Democratic Republic of Congo. The historical context, stemming from past constitutional violations by former President Kabila, amplifies apprehensions that Tshisekedi may similarly seek to extend his tenure. As the government grapples with domestic criticism and international human rights standards, any constitutional changes must prioritize the democratic rights of citizens to elect their leaders freely.
Original Source: www.hrw.org
