|This article is part of a series on the|
politics and government of
the Democratic Republic of the Congo
|United Nations Mission|
|Democratic Republic of the Congoportal|
The Constitution of the Democratic Republic of the Congo is the basic law governing the Democratic Republic of the Congo. The Constitution has been changed and/or replaced several times since its independence in 1960.
The Democratic Republic of the Congo is now under the regime of the constitution which was approved in a referendum by the Congolese people, and promulgated on February 18, 2006 by President Joseph Kabila. It is the Democratic Republic of the Congo's sixth constitution since 1960.
New political subdivisions were brought by this constitution. The country is divided in 25 provinces, and the capital-city of Kinshasa – to take full-effect 36 months after the official installation of the newly elected President, which occurred on December 6, 2006. The motto of the country is : "Justice, Peace, Work".
Creating and belonging to a political party is a civil and political right for all Congolese people. Political parties must obey the law on political parties, respect public order and operate in accordance with "good mors". Parties receive subsidies from the government for their electoral campaign. Having a one-party-system is expressly unconstitutional.
Congolese citizenship is exclusive. Double citizenship is therefore impossible in theory. Anyone belonging to the ethnic groups whose persons and territory constituted what became Congo (currently the Democratic Republic of the Congo), at independence is a Congolese national.
Any Congolese national who has not lost his/her political rights, by virtue of a court decision, or by virtue of the law, is a Congolese citizen.
Civil, political, economic, social, cultural and collective rights, as well as the duties of all citizens, are defined in Title II of the constitution – the unofficial bill of rights and duties.Title II also states that ignorance of the law is not a valid defense in court, or anywhere.
The new constitution limits marriage, in article 40, as the right to « marry the person of one's choice, of the opposite sex, and to create a family » ; thus, it forbids same sex marriage.
The country's first, provisional, constitution was the fundamental law of 1960, which was based on the Constitution of Belgium and established a parliamentary republic. A new constitution, dated August 1, 1964, strengthened the powers of the presidency, enhanced still further by the June 24, 1967 charter.
The Congo was renamed Zaire in 1971, and a new constitution was adopted in August 1974. It concentrated virtually all power in the hands of President Mobutu Sese Seko. This document was revised on February 15, 1978, and amended on July 5, 1990. A transitional constitution was then promulgated in April 1994.
A Constitutional Act was promulgated in May 1997; draft constitution was proposed but not finalized in March 1998. From April 2, 2003, the country was under a Transition Constitution, which was established as a result of the 2002 Global and Inclusive Agreement of Sun City, South Africa that ended the Second Congo War. This document was in effect until the current constitution came into force on February 18, 2006.
Politics of the Democratic Republic of Congo take place in a framework of a republic in transition from a civil war to a semi-presidential republic.
The history of the Republic of the Congo has been marked by diverse civilisations: indigenous, French and post-independence.
The President of the Democratic Republic of the Congo, is the head of state of the Democratic Republic of the Congo and commander-in-chief of the armed forces.
Léon Kengo wa Dondo is a Congolese politician who served as the "first state commissioner" several times under Mobutu Sese Seko in Zaïre. He was one of the most powerful figures in the regime and was a strong advocate of economic globalization and free-market economics. He served as President of the Senate of the Democratic Republic of the Congo from 2007 to 2019.
The Constitution of the Socialist Republic of Vietnam is the current constitution of Vietnam, adopted on 28 November 2013 by the Thirteenth National Assembly, and took effect on 1 January 2014. It is the fourth constitution adopted by the Vietnamese government since the political reunification of the country in 1976.
The Constitution of the Republic of Korea is the supreme law of South Korea. It was promulgated on July 17, 1948, and was last revised on October 29, 1987.
A constitution of the Sahrawi Arab Democratic Republic (SADR) was first promulgated in 1976, but it has been revised several times since then. The last major redrafting came in 1991, but this version was further changed by the Sahrawi National Council — the SADR's parliament in exile — in 1995 and 1999.
Azarias Ruberwa Manywa is a Congolese politician, lawyer, and public figure. During the Second Congo War he was Secretary-General of the Rassemblement Congolais pour la Démocratie (RCD-G) rebel group. Following the war he was one of the vice-presidents in the transitional government of the Democratic Republic of the Congo between 2003-2006. He has also been the leader and president of RCD-G's political party since 2003. He is a member of the Banyamulenge community of South Kivu who belong to the Tutsi tribe.
The Republic of the Congo, also known as Congo-Brazzaville or the Congo, is a country in Central Africa. It is bordered by Gabon, Cameroon, the Central African Republic, the Democratic Republic of the Congo, the Angolan exclave province of Cabinda, and the Gulf of Guinea.
Constitution of Nepal 2015 is the present governing Constitution of Nepal. Nepal is governed according to the Constitution which came into effect on Sept 20, 2015, regarding the Interim Constitution of 2007. The constitution of Nepal is divided into 35 parts, 308 Articles and 9 Schedules.
The Constitution of Armenia was adopted by a nationwide Armenian referendum on July 5, 1995. This constitution established Armenia as a democratic, sovereign, social, and constitutional state. Yerevan is defined as the state's capital. Power is vested in its citizens, who exercise it directly through the election of government representatives. Decisions related to changes in constitutional status or to an alteration of borders are subject to a vote of the citizens of Armenia exercised in a referendum. There are 117 articles in the 1995 constitution. On November 27, 2005, a nationwide constitutional referendum was held and an amended constitution was adopted. The constitution was amended again in a national referendum on December 6, 2015 that changed the political structure from a semi-presidential system to a parliamentary republic.
The Republic of the Congo was a sovereign state in Central Africa, created with the independence of the Belgian Congo in 1960. From 1960 to 1966, the country was also known as Congo-Léopoldville to distinguish it from its northwestern neighbor, also called the Republic of the Congo, likewise known as Congo-Brazzaville. In 1964, the state's official name was changed to the Democratic Republic of the Congo, but the two countries continued to be distinguished by their capitals; with the renaming of Léopoldville as Kinshasa in 1966, it became also known as Congo-Kinshasa. After Joseph Désiré Mobutu, commander-in-chief of the national army, seized control of the country, it became the Republic of Zaire in 1971. It would again become the Democratic Republic of the Congo in 1997. The period between 1960 and 1965 is referred to as the First Congolese Republic.
The Constitution of Guatemala is the supreme law of the Republic of Guatemala. It sets the bases for the organization of Guatemalan government and it outlines the three main branches of Guatemalan government: executive branch, legislative branch, and judicial branch.
The Constitution of Guyana is the highest governing document in the Republic of Guyana. It came into effect on October 6, 1980, replacing it constitution enacted in 1966 upon its independence from the United Kingdom. The current Constitution of Guyana contains 12 chapters that are further divided into 232 articles. It also contains a preamble and an oath. Since its 1980 enactment, it has gone through multiple amendments.
The Dominican Republic has gone through 39 constitutions, more than any other country, since its independence in 1844. This statistic is a somewhat deceiving indicator of political stability, however, because of the Dominican practice of promulgating a new constitution whenever an amendment was ratified. Although technically different from each other in some particular provisions, most new constitutions contained in reality only minor modifications of those previously in effect. Sweeping constitutional innovations were actually relatively rare.
The Constitution of Kenya is the supreme law of the Republic of Kenya. There have been three significant versions of the constitution, with the most recent redraft being enabled in 2010. The 2010 edition replaced the 1963 independence constitution. The constitution was presented to the Attorney General of Kenya on 7 April 2010, officially published on 6 May 2010, and was subjected to a referendum on 4 August 2010. The new Constitution was approved by 67% of Kenyan voters. The constitution was promulgated on 27 August 2010.
Franco–Congolese relations refers to the current and historical relationship between the French Republic and the Republic of the Congo. France maintains an embassy in Brazzaville and a consulate in Pointe Noire. France controlled the Republic of the Congo as a colony from the 1880s until the Congo's independence in 1960. Following the collapse of communism worldwide, France has become Congo's most significant external trading partner.
Marcel Antoine Lihau or Ebua Libana la Molengo Lihau was a Congolese jurist, law professor and politician who served as the inaugural First President of the Supreme Court of Justice of the Congo from 1968 until 1975 and was involved in the creation of two constitutions for the Democratic Republic of the Congo.
The Luluabourg Constitution was the second constitution of the Democratic Republic of the Congo. Functional from 1 August 1964 until November 1965, it was meant to replace the basic law that had been provisionally enacted when independence was declared in 1960. Unlike its predecessor, the Luluabourg Constitution featured a strong executive presidency and carefully delineated federalism between the central government and the provinces. It also formalized the adoption of the name "Democratic Republic of the Congo", succeeding the name "Republic of the Congo".
Citizenship of the Democratic Republic of Congo is regulated by the Congolese Civil Code and the Special Law on Congolese Nationality. Congolese citizenship can be acquired in three ways; by deriving citizenship from at least one Congolese parent, through naturalization, or through marriage.