The Congolese opposition coalition C64 has postponed nationwide protests originally scheduled for two weeks as of July 8. The decision follows a mediation initiative by Burundian President Evariste Ndayishimiye in his capacity as the current chair of the African Union.
Formed in May, the C64 coalition — named after Article 64 of the DRC constitution, which grants citizens the right to resist an unconstitutional seizure of power — brings together opposition leaders including Martin Fayulu, Moise Katumbi, Jean-Marc Kabund and Delly Sesanga.
The coalition accuses President Felix Tshisekedi of using a referendum on a new constitution to pave the way for a third presidential term, and is demanding his resignation.
Following the violent clashes during protests on June 12, observers fear renewed unrest could ensue.
Prospect of clock reset for Tshisekedi’s terms
In June, parliament had adopted legislation establishing the legal framework for a referendum that could lead to constitutional reform. Shortly afterwards, the Senate approved another measure which the opposition says would effectively remove the current presidential term limits.
On the DRC’s Independence Day on June 30, Tshisekedi announced that he would first refer the bill to the country’s constitutional court for a review of its compatibility with the existing constitution. Critics, however, question the court’s independence.
If the process is completed to Thisekedi’s liking, a referendum on a new constitution could be held, potentially resetting presidential term limits.
Under such a scenario, Tshisekedi’s previous terms would no longer count, allowing him to seek re-election.
Tshisekedi’s long quest for legitimacy
With the DRC serving as a non-permanent member of the UN Security Council since the beginning of this year, Tshisekedi seems to be increasingly seeking to strengthen his political standing on the international stage.
Since July 1, the DRC has held the rotating presidency of the United Nations Security Council for a one-month term; one day earlier, Tshisekedi presented the country’s priorities for its Security Council term, placing the regulation of mineral resource extraction at the center of its agenda.
At home, however, his political credibility is increasingly under pressure: Observers point to growing public distrust, with many Congolese citizens opposing the plans for an introduction of a new constitution, which would allow Tshisekedi to remain in power beyond the end of his current constitutional mandate in 2028.
Prince Epenge, spokesperson for the opposition platform Lamuka, firmly believes that “[t]he constitutional amendment serves the interests of one man only: Felix Tshisekedi. He wants a third term.”
“We cannot accept that millions of dollars are spent simply to keep one man in power,” Epenge told DW, adding that the proposal poses a fundamental threat to the country’s constitutional order.
In an exclusive interview with DW, Congolese physician and human rights activist Denis Mukwege, who was awarded the Nobel Peace Prize in 2018, also voiced criticism of Tshisekedi’s plans:
“When you are facing a public health emergency that has been declared an international emergency, or when you are confronted with a security crisis in which your country is under attack and partially occupied, and parallel administrative structures are being established, there are constitutional constraints that explicitly prohibit amending the Constitution,” Mukwege said.
Allegations of unconstitutional power grab
A main point of contention is the question whether a referendum can legally be used to replace the constitution. Critics cite Article 5 of the current constitution in support of their argument.
Supporters of the ruling UDPS party defend the proposed reform and the referendum.
Christian Lumu, a member of the party’s youth wing, argues that the current constitution is no longer capable of addressing the country’s challenges, and that “[t]he people want to change the constitution.”
“We know this because we are in constant contact with ordinary citizens. We promised that we would change this constitution — which was imposed from abroad — once we came to power,” Lumu told DW.
The opposition, however, firmly rejects that argument, with Lamuka describing the initiative as an illegitimate attempt to rewrite the constitution.
“The UDPS wants to force through constitutional change by unconstitutional means. That will never succeed,” says Epenge.
Protests and growing violence
The political dispute has increasingly spilled onto the streets: Since parliament passed the referendum law, the opposition has sought to unite resistance against the government’s plans.
The C64 coalition describes the constitutional reform as a “constitutional coup,” and hopes that protests now scheduled for July 22 will increase pressure on the government.
Demonstrations on June 12 already ended in violence, as local media reported serious clashes between protesters, ruling party supporters and security forces.
Lamuka accuses the authorities of a brutal crackdown: “It was a black day for the Congolese people. It was a massacre. Several peaceful protesters were killed,” Epenge told DW.
“They fired live ammunition. Hundreds of activists were arrested, beaten and taken to prison.”
Church questions government’s priorities
The Catholic Church meanwhile has also taken a clear position on the issue, questioning the necessity of constitutional reform.
Cardinal Fridolin Ambongo paints a bleak picture of the country’s situation, citing the armed conflict in the east of the country, widespread poverty, insecurity and recurring epidemics.
Against this backdrop, he sharply criticizes the government’s political agenda: “Do we really believe that changing the constitution is the most appropriate response to the suffering of the Congolese people?”
“Given the seriousness of the current situation, we see neither the need nor the urgency for constitutional change. The priority for the Democratic Republic of Congo is peace,” the cardinal opined.
A deeper political and security crisis
The constitutional dispute comes at a time of continued instability in eastern DR Congo, where government forces are still battling the M23 rebel movement and the Alliance Fleuve Congo (AFC); the government has so far failed to regain full control over several areas.
International observers meanwhile warn that the political crisis could further weaken state institutions. If trust in government continues to erode, armed groups could exploit the situation, many argue.
The opposition fears precisely this outcome. One of their central arguments is that a constitutional referendum could not be genuinely inclusive under current conditions, as large parts of the population living in conflict-affected areas would effectively be excluded in participating.
The constitutional debate could also carry consequences reaching beyond the DRC’s borders: While European governments and multilateral organizations continue to emphasize the importance of upholding democratic standards, other international actors appear to be primarily driven by their strategic interests, particularly in the areas of security and critical minerals — as exemplified by Rwanda‘s support of M23.
Analysts warn that a loss of international credibility could also weaken Kinshasa’s position in its ongoing M23-related dispute with its neighbor, which just entered its sixth year.
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Wendy Bashi, in Kinshasa, contributed to this report
Edited by: Sertan Sanderson
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