OF THE CONSTITUTIONAL REVISION AND THE INTANGIBILITY OF ARTICLE 220

There is currently a debate in the Democratic Republic of Congo (hereafter: DRC) on the constitutional revision of Article 220 or the change of the constitution by way of a referendum. This is motivated by the interests of the ruling power. However, the Constitution of the DRC has provided for mechanisms and safeguards to ensure its protection, including a ban on the revision of certain matters that are described as intangible or irreformable. Their revision is formally or totally prohibited. These matters are: the republican form of the State, the principle of universal suffrage, the representative form of government, the number and duration of the term of office of the President of the Republic, the independence of the judiciary, political and trade union pluralism. Any constitutional revision whose purpose or effect is to reduce the rights and freedoms of the individual or to reduce the prerogatives of the provinces and decentralized territorial entities is strongly prohibited.