A Constitution Forged in the Lessons of 2015
The current Basic Law of the Republic of Congo was promulgated in 2015 after a national referendum that replaced the 2002 text and reset presidential term limits. At the time, the government defended the revision as a means to adapt institutions to new socio-economic realities while guaranteeing alternation through a two-round electoral system. International observers from the African Union and ECCAS noted general calm at the polls, although certain Western chancelleries voiced reservations about turnout figures. Six years on, the constitutional architecture has proven resilient in steering legislative and local elections despite a difficult macroeconomic climate marked by fluctuating oil revenues and the COVID-19 pandemic.
Government Rationale: Stability and Continuity
Prime Minister Anatole Collinet Makosso, speaking recently to Radio France Internationale, insisted that “the people are calling for President Denis Sassou Nguesso to continue his work of consolidation.” He cited the completion of critical infrastructure such as the Kintélé Olympic Stadium and the expansion of the national fibre-optic backbone as visible dividends of continuity. Senior officials interviewed in Brazzaville emphasise that any eventual candidacy of the incumbent in 2026 would be grounded in the 2015 charter, which they argue re-opened the term-limit count. This interpretation, they contend, is corroborated by the 2021 Constitutional Court opinion that described the current mandate as the first under the new legal framework.
Opposition Claims of a “Constitutional Coup”
Opposition leader Clément Mierassa, president of the Congolese Social Democratic Party, rejects that reading, asserting that the spirit of democratic alternation forbids further tenure by the same individual. In a press conference in Brazzaville, he alleged that the head of state “has not declared his assets in nearly two decades,” a requirement, he said, embedded in Article 55 of the constitution to ensure accountability. Mierassa labelled the potential 2026 bid a “constitutional coup d’État,” calling for the mobilisation of civil society to protect republican values. Other opposition figures, including members of the Coalition pour la Démocratie, echo these concerns but have so far limited their protest to legal filings and press statements, mindful of preserving public order.
Legal Scholars Weigh the Text
Constitutional jurists contacted by this review note that the Congolese Basic Law does not explicitly state whether the two-term limit is retroactive. Professor Jean-Richard Makoua of Marien-Ngouabi University argues that “the principle of non-retroactivity in public law supports the government’s thesis,” while conceding that jurisprudence in neighbouring states has sometimes favoured stricter readings. Conversely, Paris-based constitutionalist Élise Nganga maintains that the framers deliberately avoided retroactivity to permit a ‘founding mandate,’ yet left sufficient ambiguity to foster a negotiated political solution. The absence of a definitive court ruling on the matter to date keeps the debate alive in legal circles.
Regional and International Optics
The issue resonates beyond Congo-Brazzaville’s borders at a time when Central Africa has witnessed both peaceful transitions in São Tomé and electoral turbulence in Gabon. Diplomatic sources in Libreville underline that continuity in Brazzaville is often lauded for its contribution to security cooperation along the volatile Cuvette-Ouest-Ogooué corridor. International partners, including the International Monetary Fund, have simultaneously encouraged reforms in public finance management to consolidate recent growth that rebounded to 3.4 percent last year. Western embassies, while stressing respect for constitutionalism, privately acknowledge the government’s role in mediating regional disputes, notably within the International Conference on the Great Lakes Region.
Prospects Toward 2026: Dialogue or Confrontation?
With more than two years remaining before the electoral calendar commands definitive answers, diplomatic interlocutors advocate for a structured national dialogue under the auspices of the Episcopal Conference, a methodology that proved effective during the 2009 political opening. Government officials have signalled openness to thematic consultations on electoral governance and asset declaration procedures, provided that discussions remain within the constitutional order. Opposition parties, for their part, seek guarantees of equitable media access and a re-composition of the Independent National Electoral Commission. Whether these parallel trajectories converge may determine if the 2026 contest becomes a testament to Congo’s constitutional maturation or a flashpoint in an already fragile sub-regional security environment.
Balancing Continuity with Democratic Aspirations
For the moment, President Denis Sassou Nguesso has not publicly announced his intentions for 2026. His entourage insists that any decision will be communicated “in due time” and “in strict respect of the constitution.” Observers note that the president, now in his late seventies, commands significant influence within the Congolese Labour Party and maintains long-standing networks in the military and business communities—factors likely to weigh in the eventual calculus. Yet the rising demographic wave of under-30 citizens, many of whom accentuate job creation and transparency, injects new variables into the political equation. How these constituencies negotiate their expectations with the imperatives of stability will shape Congo-Brazzaville’s trajectory well beyond the approaching electoral cycle.
