Fatshimetrie
Let’s talk politics: the impact of the war in the East on the Congolese Constitution
Professor Leopold Kondaloko, a distinguished professor of law at the University of Kinshasa, raises a crucial question in the debate on the revision of the Constitution in the Democratic Republic of Congo. According to him, as long as the eastern region of the country is plagued by war, any attempt to modify the fundamental law must be suspended.
This position raises essential questions about the very nature of the Constitution and its role in the governance of a country in times of crisis. Indeed, the Constitution is supposed to reflect the socio-political realities of a country at a given time. If these realities evolve or if exceptional circumstances arise, it may be necessary to adapt the Constitution to guarantee the stability and legitimacy of the legal system.
However, the question of the legitimacy of the constitutional revision is essential. As Professor Kondaloko points out, any amendment to the Constitution must be submitted to the Congolese people for approval through a referendum. This ensures that citizens are fully involved in the decision-making process and that the legitimacy of institutions is preserved.
In addition, the situation in the Eastern region of Congo cannot be overlooked. The war in this part of the country has a devastating impact on the population and political stability. Any attempt to revise the Constitution without resolving the armed conflicts in the East risks aggravating the situation and compromising the legitimacy of the authorities in place.
Thus, the debate on the revision of the Constitution in the DRC cannot be dissociated from the issue of peace and stability in the East of the country. It is imperative that the Congolese authorities fully engage in the process of conflict resolution and peacebuilding before considering any amendment to the fundamental law.
In conclusion, Professor Leopold Kondaloko’s position highlights the importance of stability and legitimacy in the constitutional review process in the Democratic Republic of Congo. As long as the Eastern region remains in the grip of war, any attempt to amend the Constitution must be suspended in favor of a peaceful resolution of conflicts and a consolidation of democracy and the rule of law.