Tshisekedi Promulgates Law on Referendum in Democratic Republic of Congo

On November 9, 2026, President Felix-Antoine Tshisekedi of the Democratic Republic of Congo promulgated Law No. 26/045, which outlines the conditions for organizing referendums in the country. The law, made public on November 10 on national television, expands the scope of popular consultations and allows for the possibility of submitting a new constitution to the people. This development comes amid heightened tensions surrounding the future of the country's fundamental law.

The new legislation defines a referendum as the expression of the people's sovereignty, where citizens can vote "yes" or "no" on a specific text or question. The law also stipulates that participation in the referendum is a civic duty for all Congolese citizens on the electoral list, aged 18 and above, and enjoying their civil and political rights. Each voter can only cast one vote. The law replaces the previous legal framework of June 22, 2005.

The new law consists of eight chapters and regulates the entire referendum process, including initiative, convocation, campaign, voting operations, contentious issues, and infractions. The law's scope extends beyond the technical organization of the referendum, as it opens up the possibility of adopting a new constitution or modifying constitutional provisions through a referendum, if deemed necessary. This has sparked concerns about the potential implications for the country's governance.

One of the key concerns is the potential impact on Article 220 of the Constitution, which protects the number and duration of presidential mandates from revision. The opposition fears that the new law could be used to allow President Tshisekedi to stay in power beyond 2028. In contrast, the presidential camp defends the principle of popular sovereignty. The law's implementation will need to respect the existing constitutional provisions, amidst deep divisions within the Congolese political class.

The promulgation of Law No. 26/045 establishes a new framework for referendums in the Democratic Republic of Congo. However, its potential application to constitutional changes will require careful consideration of the existing constitutional provisions. The country's opposition and other stakeholders will be closely watching the implementation of the law, given the potential implications for the country's governance and President Tshisekedi's future.

According to Roger Kalenga, Deputy Spokesperson for the Head of State, the law was adopted by the National Assembly and the Senate before being presented on national television. The law provides a new legal framework for organizing referendums in the country, which could potentially lead to significant changes in the country's governance and constitution.

The implementation of the new law will be closely monitored by various stakeholders, both domestically and internationally. The country's ability to manage a free and fair referendum will be crucial in determining the legitimacy of any future constitutional changes.

Key points

• The new law allows for the possibility of submitting a new constitution to the people.