The question of the reformulation of Article 217 of the Constitution of the Democratic Republic of Congo linked to the possibility of a “partial abandonment of sovereignty” in order to promote African unity gives rise to lively debates and raises profound questions about the very nature of national sovereignty. This reflection, initiated by Professor Christian-Junior KABANGE NKONGOLO, highlights the crucial importance of the precision of the legal terms used in a country’s legislation.
The analysis focuses on the real scope of the article in question and highlights possible contradictions with other constitutional principles, in particular the one affirming that national sovereignty belongs to the Congolese people. The notion of a “partial abandonment of sovereignty” is called into question in light of the indivisibility of national sovereignty as enshrined in the Constitution.
Beyond the strict legal interpretation, the article also highlights the importance of taking into consideration the historical and geopolitical context in which the Democratic Republic of Congo operates. The trauma of armed conflicts and fears of the country’s balkanization have deeply affected the population, making any mention of an “abandonment of sovereignty”, even partial, subject to mistrust and suspicion.
In order to allay these legitimate fears and to guarantee an African integration that respects the principles of sovereignty of the Member States, it is suggested that Article 217 be amended by introducing the principle of reciprocity. This proposal aims to regulate any transfer or joint exercise of powers within the framework of treaties or association agreements, thus offering an additional guarantee to both the Congolese population and political actors.
In conclusion, the reflection led by Professor Christian-Junior KABANGE NKONGOLO recalls the crucial importance of the precision of legal terms in a country’s legislation. By appropriately reformulating Article 217 of the Constitution, the Democratic Republic of Congo could strengthen its national sovereignty while promoting a respectful and balanced African integration. This debate, based on solid arguments drawn from legal theory, constitutes an essential step in ensuring harmonious development in line with the aspirations of the Congolese people.