DRC and the constitution: A history of violations and power struggle

By Dorcas Mbuyi

Image created with AI (ChatGPT by OpenAI, April 2025)

A constitution is a country’s highest legal authority, a social contract between the government and its citizens. It lays the foundation for governance, guarantees fundamental rights, and sets boundaries for power. In the Democratic Republic of Congo (DRC), the 2006 Constitution promised a new era after decades of war and instability. But over the years, that promise has been broken. Constitution violations have become common, exposing deep flaws in the nation’s political system and weakening the rule of law.

 

The DRC’s 2006 Constitution emerged from the peace process following the second Congo War, the deadliest conflict since World War 2, with an estimated 5.4 million lives lost (International Rescue Committee, 2008). The constitution established a semi-presidential system, limited the president to two five-year terms, and enshrined civil liberties such as freedom of expression and assembly.

 

In theory, the document aligns with democratic values. However, its implementation has been inconsistent, and those in power have repeatedly undermined it.

 

One of the most blatant violations occurred in 2016, when President Joseph Kabila stayed in office beyond his constitutional term. Elections were delayed for two years. Though Kabila claimed logistical challenges, critics, including the opposition, civil society, and international observers, viewed this as unconstitutional and self-serving.

 

The African Associations for the Defence of Human Rights (ASADHO) reported that between 2015 and 2018, over 300 people were killed during protests demanding elections (Human Rights Watch, 2018). Media outlets were shut down, and internet blackouts were common, clear violations of Articles 23 and 24 of the Constitution, which protect freedom of expression and the right to information.

 

Meanwhile, the judicial system, intended to be independent (Article 149), has often been manipulated. Judges are appointed by the president and often fail to act impartially, especially in cases involving political figures or national elections.

 

Several factors have enabled this breakdown in constitutional order:

·         Weak institutions: Courts, the electoral commission (CENI), and parliament often lack independence and resources.

·         Corruption: According to Transparency International, the DRC ranks 170 out of 180 countries on the Corruption Perceptions Index (2024).

·         Civic disempowerment: Many Congolese citizens lack access to civic education. A 2019 Afrobarmeter survey found that only 28% of Congolese citizens trust their national institutions.

·         Fear and repression: Human rights defenders and journalists face intimidation, arrest, or worse, making it dangerous to challenge authority.

 

The erosion of constitutional governance has had far-reaching consequences. Politically, it fosters instability and creates power vacuums. Economically, it deters investors, afraid of unpredictable policies and systemic corruption. Socially, it disempowers citizens and damages the social contract.

 

“When the constitution is ignored, the state loses legitimacy. Citizens begin to see the law as a tool of oppression, rather than protection,” says Dr. Emmanuel Kabamba, a political science lecturer at the University of Kinshasa

 

Despite the repression, civil society remains a beacon of hope. Groups like LUCHA (Lutte pour le Changement) and Filimbi have organised peaceful protests, mobilised voters, and educated communities on their rights.

 

The Catholic Church, which enjoys moral authority in the DRC, has also stepped in. In 2018, its electoral observation mission deployed 40,000 observers, exposing irregularities and calling for transparency.

 

Restoring constitutional order in the DRC requires both internal reform and external pressure. Key acting includes:

1.    Strengthening institutions: The Judiciary and electoral bodies must be truly independent.

2.    Expanding civic education: NGOs, schools, and churches can help inform people of their rights.

3.    Protecting the press and activists: Laws must be passed and enforced to safeguard journalists and civil society leaders.

4.    Reforming the security sector: Police and military must respect the rule of law and be held accountable.

5.    International accountability: The African Union, United Nations, and donor countries must apply consistent pressure and sanctions when constitutional violations occur.

 

The DRC’s Constitution is a document full of promise, but promises alone are not enough. For the nation to progress, its leaders must be held accountable, and its citizens must be empowered to defend the law that is meant to protect them. Upholding the Constitution is not just a political issue; it is a matter of justice, dignity, and national healing.

 

“There can be no peace without justice, and no justice without the rule of law,” said Cardinal Fridolin Ambongo, a leading advocate for democracy and human rights in the DRC.