Information service of the Pontifical Mission Societies since 1927
Kinshasa (Fides Service) - The new constitution of the Democratic Republic of Congo, approved 18 December 2005 by a popular referendum, was officially promulgated on 18 February by President Joseph Kabila Saturday in the presence of Denis Sassou-Nguessou President of Congo - Brazzaville and African Union President, South African President Thabo Mbeki, ambassadors and various prominent citizens including Cardinal Frédéric Etsou archbishop of Kinshasa.
The new constitution was drafted by Congolese delegates with the help of Belgian, Senegalese, Turkish and French experts including Prof. Pierre Mazot president of the Constitutional Court of France.
The text institutes a unitary highly decentralised state composed of the capital Kinshasa and 25 provinces with their own juridical status and considerable autonomy in managing economic and financial resources. To compensate inequality among provinces a National Adjustment Fund will be set up.
The Constitution sanctions presidential rule modelled on the French system. The President, elected according to article 69 by direct universal suffrage for a five year term which can be renewed only once, presides the Council of Ministers and is guarantor for national unity. Parliament consisting of a lower house with 400 representatives and a Senate of 100 members, chooses the prime minister who is appointed by the head of state (art.78). The prime minister must respond for his institutional acts to parliament which can revoke confidence in him.
With regard to the judiciary the constitution establishes the division of the high court in three bodies: supreme court, council of state and the constitutional court. Article 149 states that the judiciary is independent from all other state powers.
A very important element introduced by the new constitution is equal rights for men and women to be recognised and guaranteed by all national, provincial and local institutions.
The constitution recognises the role of traditional village authorities in keeping with local tradition.
The document foresees a procedure of constitutional revision but prohibits any modification of the republican form of state, political pluralism, principle of universal suffrage, length of the head of state’s mandate and independence of the judiciary power.
Political elections due to be held in April or May will mark the end of DR Congo’s long process of transition. (L.M.) (Agenzia Fides 20/2/2006 righe 38 parole 423)
