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The Kazadi-Tshilumbayi Law is not a change to the Congolese Constitution but an exceptional revision inspired by UN Resolution 2773 and Article 70. It aims to protect the state during foreign aggression while reinforcing respect for the Constitution.
Introduction: Clarifying an Essential Debate
For several months, the Democratic Republic of Congo (DRC) has witnessed an intense political debate around the Kazadi-Tshilumbayi Law, a proposed exceptional constitutional revision. While some critics wrongly perceive it as a disguised attempt to alter the Constitution, the reality is very different.
This law does not alter or weaken the Constitution. Instead, it provides a legal framework to safeguard the Republic and maintain state continuity during a period of foreign military aggression. It is firmly rooted in Article 70 of the Constitution and backed by United Nations Security Council Resolution 2773. Far from undermining democracy, it reinforces the very foundations of the Congolese state.
1. The 2006 Constitution and Its Intangibility
The Constitution of February 18, 2006, stands as the supreme law of the Congolese state. It guarantees:
- The universality of presidential authority across the entire national territory (Article 70);
- The unchangeable principles of democracy;
- The separation of powers and the organization of free and transparent elections.
Any attempt to alter these principles for political gain—especially to extend presidential terms—has historically been rejected by the Congolese people.
The Kazadi-Tshilumbayi Law must not be confused with such attempts. It does not seek to extend terms of office arbitrarily. Rather, it responds to extraordinary circumstances that make the normal application of the Constitution temporarily impossible.
2. Article 70: The Core of the Debate
Article 70 states:
“The President of the Republic shall be elected by direct universal suffrage for a five-year term, renewable once. At the end of his term, the President shall remain in office until the effective installation of the newly elected President.”
This article reflects two essential principles:
- Presidential authority must cover the entire Congolese territory.
- There must be no institutional vacuum during a transition of power.
But what happens when foreign aggression prevents the state from exercising its full authority over the national territory? The very universality of the presidential mandate is compromised.
The Kazadi-Tshilumbayi Law provides a legal mechanism to uphold Article 70 under such extraordinary conditions.
3. UN Resolution 2773: An International Foundation
The United Nations Security Council Resolution 2773 acknowledges the seriousness of the security crisis in the DRC and recognizes the country as a victim of foreign aggression.
By explicitly acknowledging the external threat, the international community implicitly supports the need for Congo to adopt protective legal measures to preserve its sovereignty and institutions.
The Kazadi-Tshilumbayi Law aligns with this international framework, giving it legitimacy and credibility both domestically and abroad.
4. Exceptional Revision vs. Constitutional Change
It is crucial to distinguish between two concepts:
- Constitutional Change: A permanent alteration of the constitutional framework, often for political or personal gain. This includes abolishing term limits, rewriting fundamental articles, or restructuring institutions.
- Exceptional Constitutional Revision: A temporary adjustment, triggered by extraordinary circumstances such as war or foreign aggression, designed to preserve the spirit of the Constitution rather than dismantle it.
The Kazadi-Tshilumbayi Law falls into the second category. It does not abolish elections, remove term limits, or weaken democracy. It simply introduces a temporary safeguard to ensure the Constitution continues to function even under extraordinary duress.
5. Objectives of the Kazadi-Tshilumbayi Law
This law is designed to achieve several critical goals:
- Guarantee state continuity during foreign aggression.
- Preserve constitutional legitimacy by avoiding a dangerous institutional vacuum.
- Protect Article 70 by ensuring the President’s authority remains universal and effective.
- Allow time for the restoration of state authority across the entire territory before holding elections.
- Set a clear timeline (36 months after the official end of foreign aggression) for organizing free, transparent, and inclusive elections.
6. Why This Law Strengthens the Constitution
Contrary to critics, the Kazadi-Tshilumbayi Law does not weaken the Constitution. On the contrary, it strengthens it in several ways:
- It prevents institutional collapse during foreign aggression.
- It ensures that the sovereignty of the state is not undermined by warlords or external powers.
- It reinforces the primacy of Article 70 under extraordinary conditions.
- It aligns Congolese constitutional law with international norms established by Resolution 2773.
Thus, this law is not a deviation but a reaffirmation of constitutional supremacy.
7. Addressing the Criticism: Not a “Glissement”
Some have compared the Kazadi-Tshilumbayi Law to a political “glissement” (delayed elections). This comparison is misleading:
- A “glissement” usually results from organizational failure or political manipulation.
- The Kazadi-Tshilumbayi Law is based on an objective and undeniable reality: foreign aggression.
- Unlike open-ended delays, this law sets a specific timeline: elections must be held within 36 months after aggression ends.
It is not a tool to cling to power but a mechanism of constitutional survival.
8. Educating the Congolese People
For this law to be widely accepted, it must be explained clearly to the Congolese population. The message should be straightforward:
“The Constitution remains intact. The Kazadi-Tshilumbayi Law is an exceptional measure to protect its application during a time of war.”
This message should be disseminated through:
- Media campaigns;
- Civic education programs;
- Civil society organizations;
- The Congolese diaspora.
By understanding the law, the people will see it not as a threat to democracy but as a shield protecting the Republic.
9. The Responsibility of Leaders
Political leaders—whether in government or in opposition—carry a historic responsibility. They must:
- Set aside partisan calculations.
- Defend the sovereignty and unity of the nation.
- Support the Kazadi-Tshilumbayi Law as a constitutional safeguard.
- Demonstrate to the people and the world that Congo prioritizes state survival over personal ambition.
10. Conclusion: A Law for History
The Kazadi-Tshilumbayi Law is not a betrayal of democracy. It is a patriotic legal innovation designed to safeguard Congo’s sovereignty in extraordinary circumstances.
It:
- Keeps the Constitution intact;
- Protects Article 70;
- Builds upon UN Resolution 2773;
- Guarantees continuity of state institutions;
- Provides for elections once sovereignty is restored.
History will not remember it as a power grab but as a shield for the Republic during one of the most challenging moments of its existence.
This law is not about extending power—it is about preserving the Constitution until the Congolese people can once again exercise their sovereignty through free and inclusive elections.
✍️
Augustin Kazadi-Cilumbayi
President & Chief Executive Officer
Eyano Publishing
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