Tshisekedi’s Call for Constitutional Commission Raises Rights Concerns
- By: Carine Kaneza Nantulya | Deputy Africa Director
- By: Vincent Sima Olé | Coordinator
- Photo: President Felix Tshisekedi gives his annual State of the Nation address during a joint session of parliament in Kinshasa, Democratic Republic of Congo, December 13, 2021. © 2021 REUTERS/Hereward Holland
Democratic Republic of Congo President Felix Tshisekedi, during a speech in Kisangani on October 23, proposed steps to change the country’s constitution, including floating the idea of a change to presidential term limits. Tshisekedi had previously pledged to “scrupulously respect constitutional obligations.”
In Kisangani, Tshisekedi described the current constitution as “outdated” and “not adapted to the country’s realities.” He said he would set up a commission to draft a new constitution in 2025, though he indicated that whether to remove presidential term limits would be for the people to decide. Government officials, including the media and communication minister, have publicly expressed support for a revision. On October 10, the ruling party’s secretary general asked members to promote a constitutional revision among party supporters.
The issue of presidential term limits has a particular historical resonance for Congolese. Under the 2006 constitution, established by the late President Joseph Kabila, article 220 forbids any modification of “the number and length of terms of office of the President.” Kabila nonetheless managed to stay in power beyond the end of his constitutionally mandated second and final term in December 2016 through repression and violence. At the time, Tshisekedi was part of the political opposition that called on Kabila to respect the constitution, including on presidential terms.
Many rights groups and other civil society organizations, as well as the political opposition, criticized the announcement, fearing that Tshisekedi seeks to bypass the constitutional two-term limit. Tshisekedi was re-elected to a second term in December 2023 following an election marred by violence.
Since then, the government has cracked down on its critics and has increasingly restricted fundamental liberties, including by curtailing freedom of expression and peaceful demonstrations. At least three politicians and two human rights defenders are currently arbitrarily detained.
All constitutions allow for amendments. But any changes to Congo’s constitution need to uphold the country’s obligations under international human rights law, including ensuring every citizen’s right to choose their leaders in genuine periodic elections.