On November 9, 2026, President Felix Tshisekedi of the Democratic Republic of the Congo signed into law a bill that could potentially pave the way for a new constitution or significant changes to the existing one. The law, known as law n° 26/045, outlines the conditions for organizing a referendum in the country. This development has significant implications for the country's institutional future.
The new law replaces the 2005 law that was used to organize the referendum leading to the adoption of the current Constitution. It aims to expand the scope of the referendum and give full effect to article 5 of the Constitution, which enshrines the principle of popular sovereignty. The law allows for a broader range of issues to be submitted to a referendum, including constitutional changes and the adoption of a new constitution.
The promulgation of this law does not necessarily mean that a process of constitutional change has been initiated. However, it provides institutions with a more extensive legal instrument to organize a popular consultation on fundamental questions regarding the organization of the state. The law's provisions could have far-reaching implications for the country's politics and institutions.
One of the significant features of the new law is that it allows for multiple actors to initiate a referendum. These include the President, the government, the Parliament, and even citizens, who can petition for a referendum with the support of 100,000 Congolais. This development could provide a more direct channel for citizens to express their views on national issues.
The law defines a referendum as a direct consultation where citizens vote "yes" or "no" on a submitted text or question. This process is distinct from elections, which allow citizens to elect representatives. The new law could potentially lead to significant changes in the country's constitution or institutions, depending on the outcome of future referendums.
The context in which this law has been promulgated is particularly sensitive, with ongoing discussions about the possibility of revising the 2006 Constitution. While the law does not commit the government to any specific course of action, it provides a framework for considering constitutional changes. This development could have significant implications for the country's politics and institutions.
The implementation of this law will depend on various factors, including the regulations surrounding the verification of petitions, the conditions for the admissibility of initiatives, and the institutional steps leading up to the referendum. The law's impact will be closely watched by various stakeholders, including politicians, civil society, and the general public.
Key points
- The new law allows for a broader range of issues to be submitted to a referendum, including constitutional changes and the adoption of a new constitution.
