DRC: a book calls for a constitutional lock to ensure territorial integrity

Kinshasa, May 25^th, 2026 (CPA).- A recently published book has called for the revision of the Constitution of the Democratic Republic of Congo (DRC) in order to establish a constitutional lock aimed at safeguarding the country’s territorial integrity, its author stated on Monday during an interview with CPA. “I conclude this book with a recommendation addressed to all constitution-makers in general and Congolese constitution-makers in particular, so that specific constitutional protection may be guaranteed for territorial integrity and that the related constitutional provisions be rendered intangible. This must necessarily go through constitutional revision,” declared Attorney Jean-Marie Kabengela, lawyer at the Kinshasa-Gombe Bar. He said that the book, entitled “On the necessity of a protective lock for territorial integrity through constitutional revision”, reviews the various constitutional texts, from the Fundamental Laws of 1960 to the Constitution of February 18^th, 2006, in search of a provision specifically devoted to the protection of territorial integrity. According to him, his research was stimulated by President Félix Tshisekedi’s interpretation of Article 217 of the Constitution. “This research, conducted through a diachronic approach, led us to the conclusion that Congolese constitution-makers have never shown real concern for the protection of territorial integrity, despite the promulgation of constitutional texts and subsequent revisions, including three constitutional revisions under President Joseph Kasavubu, sixteen revisions of the 1967 Constitution under President Joseph-Désiré Mobutu, three revisions of the constitutional decree-law of May 27^th, 1997 under President Laurent-Désiré Kabila, and one revision of the February 18^th, 2006 Constitution under Joseph Kabila,” stressed Attorney Kabengela. He also maintained that the latest revision, carried out under Joseph Kabila, was conducted, according to his analysis, in violation of Article 220 of the Constitution. To support this claim, the lawyer drew up a list of constitutional articles protected under Article 220, among which neither Article 220 itself nor provisions relating to territorial integrity are included. “Through comparative analysis, I noted that many African constitution-makers have opted for unlocked lock provisions, whereas Nigerien and Rwandan constitution-makers, through their respective Article 175, have opted for locked lock provisions,” he argued. For him, the combined analysis of Articles 214 and 217 of the Constitution justifies the interpretation adopted by Félix Tshisekedi, current President of the Republic, regarding Article 217.