President Félix Tshisekedi has promulgated a law establishing the conditions for holding referendums in DR Congo, paving the way for possible changes to the country's Constitution. ALSO READ: Protests against Tshisekedi’s proposed constitutional changes met with arrests, death The law, numbered 26/045, was promulgated on November 9, with the presidential order announced on national television on Tuesday, November 10. It repeals and replaces the 2005 legislation that governed the adoption of the current Constitution. Adopted by Parliament in October, the new law broadens the scope of referendums, allowing citizens to vote on amendments to existing constitutional provisions or, in cases of “absolute necessity”, an entirely new Constitution. ALSO READ: Congolese opposition leaders condemn Tshisekedi’s push for constitutional changes The legislation also outlines who can initiate a referendum, including the president, government, half of the members of each parliamentary chamber and citizens through a petition. It further establishes procedures for organising campaigns, conducting votes and handling disputes. President Tshisekedi, who has been in power since 2019, is serving his second five-year term, which ends in 2028. The current Constitution limits presidents to two terms and protects the number and duration of those terms from revision. ALSO READ: FRN warns against Tshisekedi's push to change constitution FRN links changes to Doha peace process Before the law was promulgated, the Front for the Refoundation of the Nation (FRN), led by former president Joseph Kabila, had warned that Tshisekedi's proposed constitutional changes could undermine the Doha peace process. In a November 1 letter to Qatar's mediation team, signed by FRN Vice President Bertrand Bisimwa, the movement argued that changing the Constitution while negotiations with the government were ongoing would undermine the legal foundation of agreements reached between the two sides. ALSO READ: What to know about new Kabila-led movement in DR Congo The FRN, which took over AFC/M23's commitments in the Doha negotiationsfollowing its launch in Goma on October 12, asked Qatar to seek official clarification from Kinshasa and put the matter on the agenda of the next consultation. It also warned that it would mobilise “all necessary means to stop” the changes if the government proceeded. ALSO READ: Goma: What was discussed between MONUSCO boss and Kabila-led FRN Oscar Balinda, FRN deputy spokesperson, told The New Times on November 9 that agreements reached through the Doha process derive their authority from the Congolese Constitution. “Every agreement we enter into... begins with a statement along the lines of ‘Exercising the authority granted to us by the Congolese Constitution, we, representing the Kinshasa administration and the FRN, have gathered here and reached the following understandings...’” he said. “Therefore, if that Constitution is rendered invalid, then everything else loses its validity as well.” He explained that government delegations involved in the negotiations also derive their authority from the Constitution, meaning that agreements reached through the process must conform to the existing legal framework. ALSO READ: Kabila faults Tshisekedi for 'choosing war' over peace in DR Congo The Doha process, initiated in April 2025, seeks to address the political and military dimensions of the conflict between the Congolese government and AFC/M23, as well as its underlying causes in eastern DR Congo. Under the Declaration of Principles signed in July 2025, the parties are expected to negotiate eight protocols before concluding a comprehensive peace agreement. They have signed two protocols covering a permanent ceasefire and prisoner exchanges, and reached an agreement in principle on humanitarian access and protection. The November 15, 2025 Framework Agreement also reaffirms the parties’ commitment to the Congolese Constitution and provides that reforms agreed upon through negotiations must be implemented in accordance with the existing Constitution and national legislation. ALSO READ: Kabila-led FRN takes over Doha peace talks with Kinshasa Congolese opposition rejects constitutional changes The FRN’s position adds to the broader opposition to the proposed changes from the Article 64 Coalition for the Defence of the Constitutional Order (C64), which brings together opposition figures Martin Fayulu, Moïse Katumbi, Jean-Marc Kabund, Augustin Matata Ponyo and Delly Sesanga. Following a three-day meeting in Rome, Italy, the coalition issued a declaration on October 27 rejecting any constitutional amendment intended to extend presidential tenure, allow a third term or postpone the 2028 elections. The coalition argued that the referendum legislation could be used to circumvent Article 220 of the Constitution, which protects the number and duration of presidential terms. “A Constitution doesn’t need be ‘loved’ or desired; it must be scrupulously respected and upheld,” the C64 said, responding to Tshisekedi's October 25 remarks to members of his ruling Union Sacrée coalition that he did not like the current Constitution. The opposition described any attempt to bypass constitutional safeguards to keep the incumbent in power as a “constitutional coup d'état”. It also called for an inclusive national dialogue involving Tshisekedi and Kabila, alongside an end to arbitrary arrests, intimidation and restrictions on peaceful political activity. Earlier protests met with arrests The dispute had already prompted demonstrations in June and September, with opposition supporters taking to the streets in Kinshasa and other cities to oppose the proposed constitutional changes. The C64 organised demonstrations on September 15, which local reports said were met with arrests, injuries and clashes with security forces. In the Grand Katanga region, 123 people were reportedly arrested, including 53 in Lubumbashi, 18 in Likasi, 22 in Kasumbalesa, 19 in Kalemie, six in Kolwezi and five in Kamina. Of these, 107 were reportedly still in detention, while 14 people were injured, four of them seriously. In Kinshasa, police used tear gas and warning shots as hundreds of protesters gathered and marched from the Limete interchange. Clashes involving protesters and ruling-party supporters were also reported.
