Issues in relation to which referendums are mandatory at the national level

Constitutionof the Democratic Republic of Congo

(Adoptedin 2006, last amended in 20/01/2011)

http://democratie.francophonie.org/IMG/pdf/Constitution_de_la_RDC.pdf

http://www.constitutionnet.org/files/DRC%20-%20Congo%20Constitution.pdf

(Official English translation)

Article 2 (MandatoryReferendum)

[…]Kinshasa is the capital ofthe country and the seat of the national institutions. It has the status of aProvince. The capital may not be transferred to another place in the countryexcept by referendum.

Article 214 (MandatoryReferendum)

[…]No transfer, exchange oraddition of territory is valid without the approval of the Congolese peopleconsulted by way of referendum.

Article 218 (Mandatoryreferendum)

The right to initiate a revisionof the Constitution belongs concurrently to:

a) the President of theRepublic;

b) the Government afterdeliberation by the Council of Ministers;

c) to either of the Chambersof Parliament upon initiative by half of its members;

d) to a fraction of the Congolesepeople, in the present case to 100.000 persons expressing themselves by way ofpetition addressed to either of the two Chambers.

Each of these initiatives issubmitted to the National Assembly and the Senate which decide by absolutemajority of each chamber on the substance of the project, proposal or petitionfor revision.

The revision is only final ifthe project, proposal or petition is approved by referendum.

However, the project,proposition or petition is not submitted to referendum if the National Assemblyand the Senate meeting jointly as Congress approve it by a three-fifthsmajority of their members.

According to article 218, referendumon the proposal for a Constitutional revision is mandatory only if the NationalAssembly and the Senate does not approve it by a three-fifths majority of itsmembers.