The temptation to ‘touch’ constitutions in Africa: a dangerous move the DR Congo must avoid

By Fidel Amakye Owusu

In 2021, a coup in the Republic of Guinea ended over a decade of constitutional governance. The military justified their actions by citing then-President Alpha Condé’s controversial decision to amend the constitution, allowing him to extend his tenure.

Similarly, in 2023, a coup in Gabon arose from comparable constitutional changes that enabled the incumbent to prolong his rule. In Senegal, former President Macky Sall’s alleged attempts to alter the constitution prompted widespread unrest, threatening the nation’s stability.

These incidents reflect a troubling trend across Africa, where constitutional amendments are often employed to eliminate term limits, allowing leaders to cling to power. Countries like Chad, Cameroon, Côte d’Ivoire, the Republic of Congo, Rwanda, South Sudan, Togo and Uganda have witnessed similar alterations.

While some of these leaders maintain popularity within their nations, such actions undermine democratic principles and frequently lead to political instability.

Serious Repercussions

On November 20, 2024, reports emerged that opposition leaders in the Democratic Republic of Congo (DR Congo) were calling for protests against the government’s proposal to “revise” the country’s constitution. Key opposition figures, including former President Joseph Kabila, Martin Fayulu, and Moïse Katumbi, expressed concerns that the revisions might target the term limits enshrined in the 2005 constitution.

Although President Felix Tshisekedi has not explicitly stated his intention to remove term limits, the opposition suspects this will be a focal point of the proposed changes. Given the DR Congo’s unique challenges, such a move could have serious repercussions.

Potential Risks

While the DR Congo might look to other African nations for precedent in altering constitutional frameworks, its internal dynamics make such changes particularly perilous.

1. Fragmentation and Rebellion
   The DR Congo faces significant centrifugal forces, including active secessionist movements and rebellions. A controversial constitutional amendment could embolden these groups, exacerbating instability.
2. Ethnic Tensions and Extremism
   Ethnic divisions and the presence of violent extremist organizations further complicate the nation’s stability. Any unrest stemming from resistance to constitutional changes could inflame these tensions, creating fertile ground for violence.
3. Fragile Political Stability
   As a fragile state, the DR Congo cannot afford heightened political tensions. Its recent period of relative stability is essential for addressing critical issues like poverty and governance. A contentious constitutional revision risks undoing this progress.

A Path Forward

President Tshisekedi has an opportunity to prioritize the DR Congo’s long-term stability over short-term political gains. Completing his term and facilitating a peaceful transition of power would strengthen democratic institutions and bolster public trust.

With three years remaining in his tenure, his focus should be on alleviating poverty, fostering economic development, and addressing security challenges.

Entrenching himself in office through constitutional amendments, however, could destabilize Africa’s fourth most populous country, with far-reaching consequences for the region. Leadership in this moment demands restraint and a commitment to the greater good of the nation.

Fidel Amakye Owusu is an International Relations and Security Analyst. He is an Associate at the Conflict Research Consortium for Africa and has previously hosted an International Affairs program with the Ghana Broadcasting Corporation (GBC). He is passionate about Diplomacy and realizing Africa’s global potential and how the continent should be viewed as part of the global collective.