Drc referendum law reignites popular sovereignty debate
The reform faces criticism from opposition members, who accuse President Félix Tshisekedi of seeking a third consecutive term. However, some see the new law as a validation of popular sovereignty, while others argue it could conflict with the existing constitution.
Supporters of the reform insist it is designed to strengthen popular sovereignty. In Kinshasa, several legal experts, including Maria Eloyi, see no issue. “Since the constitution is the voice of the people, any change or modification must go through a referendum procedure that reflects the people’s voice. No one can bypass this process. It is not just about political interests; I believe certain articles in our constitution need to be revised,” she says.
Far from the population’s real concerns
This argument resonates with some Congolese. Placide Lukeka, a young resident of Kinshasa, says he has “always expected this kind of initiative because I have always been in favor of changing the constitution. Those who think changing the constitution is only about political aims are mistaken. Moving to another republic would bring positive changes for our country.”
Beside him, Ange Aloki disagrees. She believes the referendum debate does not address the population’s immediate needs. “I do not appreciate it,” she says. “When I say there are other emergencies in the country, we should focus on those. Why spend so much energy on constitutional change just before elections, two years before? Where were they all this time to change the constitution?”
Legal debate
Beyond political opportunity, the text opens a legal debate. Several experts argue that popular sovereignty cannot be exercised outside the framework set by the constitution. Lawyer Godefroy Mwanabwato, from the Tshopo bar, hopes that after its parliamentary passage, the law will be partially or entirely rejected by the Constitutional Court. “The court can remove from this bill all provisions that go beyond the legislative body’s authority to regulate referendum matters,” he explains.
Politically, the opposition is firmly against the procedure. Its deputies walked out of the plenary session when the law was examined. Their leaders called for a city-wide shutdown on June 3 and a sit-in on Friday, June 13.