DR Congo: Tshisekedi Conditions Congo River Water Transfer on Referendum

On Thursday, October 22, 2026, Félix Tshisekedi, President of the Democratic Republic of Congo (DRC), declared that any project involving the transfer of water from the Congo River would be contingent upon a national referendum and robust scientific guarantees.

This declaration by President Tshisekedi elevates the issue of transboundary water resource management to a matter of national sovereignty and public consent in the DRC. For legal practitioners, it highlights the complex interplay between international water law, national constitutional law, environmental law, and public participation. Such a condition introduces significant legal and political hurdles for any proposed large-scale water transfer projects, requiring extensive due diligence, comprehensive environmental impact assessments, and a clear understanding of the constitutional provisions governing referendums. It signals a strong commitment to protecting national resources and ensuring public buy-in for projects with potentially far-reaching consequences.

The DRC's Constitution outlines the procedures for national referendums, typically reserved for matters of significant national interest or constitutional amendment, requiring specific legislative and electoral processes. International water law, particularly principles of equitable and reasonable utilization, the obligation not to cause significant harm to other riparian states, and the requirement for prior notification and consultation, would govern any transboundary water transfer project involving the Congo River, which is shared by multiple riparian states. Relevant international agreements, such as the Convention on the Law of the Non-Navigational Uses of International Watercourses (though not universally ratified), and regional agreements like those under the International Commission of the Congo-Oubangui-Sangha Basin (CICOS), would also be pertinent. Domestically, environmental protection laws and regulations governing large infrastructure projects would require rigorous scientific and environmental impact assessments, often involving public hearings and expert reviews.

Key parties involved include Félix Tshisekedi, President of the DRC, whose declaration sets this policy; the government of the DRC, which would be responsible for implementing these conditions; potential international developers or consortiums proposing water transfer projects; and the citizens of the DRC, who would participate in a referendum. Riparian states sharing the Congo River basin, such as the Republic of Congo, Angola, and the Central African Republic, would also be key stakeholders due to the transboundary nature of the resource.

Attorneys advising governments, international organizations, or private entities interested in water resource development projects in the Congo Basin must now factor in these stringent conditions. This includes conducting thorough legal and political risk assessments, preparing for extensive public consultation processes, and ensuring compliance with both national constitutional requirements for referendums and international environmental and water law standards. The emphasis on robust scientific guarantees means that comprehensive, independent environmental, hydrological, and socio-economic studies will be non-negotiable for project viability and approval, requiring significant upfront investment in research and expert consultation.