Fatshimetrie: Advocacy for a thoughtful constitutional reform
At the heart of current events, the issue of constitutional reform in the Democratic Republic of Congo is at the center of debates. During a recent statement to the press in Kananga, Professor André Mbata expressed his support for the idea advocated by President Félix Tshisekedi to set up a commission responsible for deciding on the revision of the constitution.
As a national deputy and specialist in constitutional law, Professor Mbata emphasizes the importance of respecting the mechanisms provided for by the constitution in terms of revision. According to him, Article 218 strictly regulates the modalities for initiating a constitutional reform, limiting this capacity to four specific entities: the President of the Republic, the government meeting in council of ministers, the majority of one of the two chambers of parliament, or a fraction of 100,000 people expressing their request by way of petition.
Beyond the strict legal framework, Professor Mbata insists on the need to engage in a democratic and transparent debate around any constitutional reform. He recalls that the constitution is not set in stone but must evolve according to the needs and aspirations of society. Thus, he advocates for a thoughtful and inclusive approach, promoting the participation of all stakeholders.
The distinction between a revision project and a revision proposal, depending on the origin of the initiative, is also underlined by Professor Mbata. He highlights the differentiated nature of these two processes, emphasizing the importance of clarity and coherence in the approaches undertaken.
This position taken by Professor Mbata is part of a complex political context marked by multiple issues. It questions the need for constitutional reform in a country in the midst of a democratic transition, while emphasizing the importance of respecting established institutions and procedures.
Thus, the reflection on constitutional reform in the Democratic Republic of Congo takes on its full meaning through the prism of legality, legitimacy and general interest. In order to preserve democratic order and social harmony, it appears essential to approach this issue with rigor and responsibility.
In conclusion, Professor Mbata’s plea for a thoughtful constitutional reform opens the way to a thorough and constructive reflection on the institutional future of the country. He invites political actors and civil society to engage in an open and constructive dialogue, based on respect for the law and democratic principles.