| DEMOCRATIC REPUBLIC OF THE CONGO Democratic Republic of the Congo Republique Democratique du Congo Joined United Nations: 20 September 1960 Human Rights as assured by their constitution Updated 25 February 2013 |
PART II: HUMAN RIGHTS, FUNDAMENTAL FREEDOMS AND DUTIES OF CITIZENS AND THE STATE
Chapter 1: Civil and political rights
Article 11
All human beings are born free and equal in dignity and rights. However, the enjoyment of political rights is recognized only Congolese,
except as prescribed by law.
Article 12
All Congolese are equal before the law and are entitled to equal protection of laws.
Article 13
No Congolese could, in education and access to public office or in any other matter, be subject to discriminatory treatment, whether as a
result of a law or an act of the executive, because of his religion, his family origin, social condition, of his residence, his opinions or
political beliefs, membership of a particular race, ethnic group, a tribe, a minority cultural or linguistic .
Article 14
Governments shall ensure the elimination of all forms of discrimination against women and ensure the protection and promotion of their
rights.
They take in all fields, particularly in the civil, political, economic, social and cultural fields, all appropriate measures to ensure the total
development and full participation of women in development of the nation.
They take, measures to combat all forms of Violence against women in public life and in private life.
Women have the right to fair representation within the national, provincial and local.
The State guarantees the implementation of parity between men and women in these institutions.
The law specifies the procedures for implementing these rights.
Article 15
Governments ensure that the elimination of sexual violence.
Without prejudice to the international treaties and agreements, any sexual abuse made on any person, with intent to destabilize, breaking up
a family and to eliminate an entire people was made a crime against humanity punishable by law.
Article 16
The human person is sacred. The State has the obligation to respect and protect it.
Everyone has the right to life, physical integrity and to the free development of his personality in accordance with the law, public order,
the rights of others and morality.
No one shall be held in slavery or in a similar condition.
No one shall be subjected to cruel, inhuman or degrading treatment.
No one shall be required to perform forced or compulsory labour.
Article 17
Personal freedom is guaranteed. It is the rule, holding the exception.
No one may be prosecuted, arrested, detained or sentenced in accordance with the law and in the forms prescribed.
Nobody can be prosecuted for an act or omission which did not constitute an offence at the time it was committed and at the time of
prosecution.
No person shall be convicted of an act or omission which did not constitute an offence at a time when it is committed and the time of
sentencing.
There can be inflicted barely higher than that applicable at the time the offence is committed.
The penalty ceases to be performed where, under a law after the trial:
1. It is deleted;
2. The act which it is made, is no longer an infringement.
In the event of reduction of sentence under a law after the trial, the penalty shall be executed in accordance with the new law.
The criminal responsibility is individual. No one may be prosecuted, arrested, detained or sentenced for acts of another.
Any person charged with an offence shall be presumed innocent until his guilt has been established by a final judgement.
Article 18
Any person who is arrested must be immediately informed of the reasons for his arrest and of any charge against him and in a language
he understands.
It must be immediately informed of his rights.
The person in custody has the right to establish immediate contact with his family or his counsel.
The detention may not exceed forty-eight hours. At the expiration of that period, the person in custody must be released or made available
to the competent judicial authority.
All detainees must be given treatment that preserves his life, his physical and mental health as well as his dignity.
Article 19
Nobody can be either removed or against his will, the judge that the law assigns.
Everyone has the right to have his case heard within a reasonable time by a competent judge.
The right of defence is organised and guaranteed.
Everyone has the right to defend itself or to be assisted by counsel of his own choice and at all levels of criminal proceedings, including
the police investigation and pre instruction.
It can also be assisted in the security services.
Article 20
The hearings of courts are public, unless that advertising is not considered dangerous to public order or morals. In this case, the court
orders the camera.
Article 21
A judgement is written and reasoned. It is delivered in public.
The right to lodge an appeal against the judgement is available to everyone. It is exercised under the conditions laid down by law.
Article 22
Everyone has the right to freedom of thought, conscience and religion.
Everyone has the right to manifest one's religion or belief, either alone or in groups, both in public and in private, through worship,
teaching, practice, the performance of rites and the state of religious life, subject to compliance with the law, public order, morality and
rights of others.
The law establishes the rules governing the exercise of these freedoms.
Article 23
Everyone has the right to freedom of expression.
This right includes freedom to express opinions or beliefs, including through speech, writing and the image, subject to compliance with
the law, public order and morality.
Article 24
Everyone has the right to information.
Freedom of the press, freedom of information and broadcast by radio and television, the press or any other means of communication are
guaranteed subject to the respect of public order, morality and the rights of others.
The law establishes the rules governing the exercise of these freedoms.
The written and audio-visual media are state of public services to which access is guaranteed in an equitable manner to all political and
social issues. The status of state media is established by law, which guarantees objectivity, impartiality and the pluralism of opinions in the
processing and dissemination of information.
Article 25
The freedom of peaceful assembly without arms is guaranteed subject to compliance with the law, public order and morality.
Article 26
Freedom of expression is guaranteed.
Any event on public roads or outdoors, requires organizers to notify the competent administrative authority.
No one shall be compelled to take part in a demonstration.
The law establishes their enforcement actions.
Article 27
All Congolese have the right to individually or collectively send a petition to the authorities and answered within three months.
No person may be subjected to criminal, in any form whatsoever, for taking such an initiative.
Article 28
No one is required to perform a manifestly unlawful order. Any individual or agent of the State shall be the duty of obedience, when the
question is a clear respect for human rights and civil liberties and morality.
Proof of clear-cut illegality of the order lies with the person who refuses to execute it.
Article 29
The home is inviolable. There can be done visiting or search only in the manner and conditions prescribed by law.
Article 30
Anyone who is on the national territory have the right to move freely, to fix his residence, to leave and return under conditions laid down
by law.
No Congolese can neither be expelled from the territory of the Republic, or be forced into exile, or be forced to live outside their habitual
residence.
Article 31
Everyone has the right to respect for his private life, privacy of correspondence, telecommunications or any other form of
communication. It may not be infringed this right except in cases prescribed by law.
Article 32
Any alien who is lawfully within the country enjoys the protection granted to persons and property as required by treaties and laws.
It is obliged to comply with the laws and regulations of the Republic.
Article 33
The right to asylum is recognized.
The Democratic Republic of Congo grants, subject to national security, asylum in its territory to foreign citizens prosecuted or persecuted
because, among other things, their opinions, their beliefs, their racial, tribal, ethnic, linguistic or their promotion of democracy and
defence of Human Rights and Peoples' Rights, in accordance with laws and regulations.
It is prohibited for any person enjoying regular asylum to any subversive activity against his country of origin or any other country, from
the territory of the Democratic Republic of Congo.
The refugees can not be returned to the authority of the State in which they are persecuted or be turned back on the territory of the latter.
In any case, no one can be sent to the territory of a State in which there is a risk of torture, punishment or cruel, degrading and inhuman
treatment.
The law establishes the rules governing the exercise of that right.
Chapter 2: The economic, social and cultural rights
Article 34
The State guarantees the right to individual or collective property acquired in accordance with the law or custom.
It encourages and ensures the safety of private investment, both domestic and foreign.
No one shall be deprived of his possessions except in the public interest and for a just and prior award under conditions established by law.
Nobody can be entered his property except by virtue of a decision by a competent judicial authority.
Article 35
The State guarantees the right to private initiative to both nationals and foreigners.
It encourages the exercise of small traders, arts and crafts by the Congolese and ensures the protection and promotion of expertise and
skills.
The law establishes the rules governing the exercise of that right.
Article 36
Work is a right and a sacred duty for every Congolese.
The State guarantees the right to work, to protection against unemployment and just and favourable remuneration ensuring for the worker
and his family an existence in line with human dignity, supplemented by all other means of social protection, such pension and an annuity.
No one may be prejudiced in his work because of his origins, his sex, his opinions, beliefs or its socio-economic conditions.
All Congolese have the right and duty to contribute through his work in the construction and national prosperity.
The law establishes the status of workers and regulates the specific nature of the legal regime governing profession and the exercise of
professions requiring academic qualification.
The internal structure and operation of professional orders must be democratic.
Article 37
The State guarantees the freedom of association.
The authorities are working with associations that contribute to social development, economic, intellectual, moral and spiritual populations
and the education of our citizens.
Such collaboration can take the form of a grant. The law establishes the rules governing the exercise of this freedom.
Article 38
Freedom of association is recognized and guaranteed.
All Congolese have the right to form trade unions and join freely in the conditions laid down by law.
Article 39
The right to strike is recognized and guaranteed.
It is exercised under the conditions set by law that may prohibit or limit the exercise in the areas of national defense and security or to any
activity or public service of vital interest to the nation.
Article 40
Everyone has the right to marry the person of their choice, of the opposite sex, and to found a family.
The family, the basic cell of the human community, is structured to ensure its unity, stability and protection. It is placed under the
protection of government.
The care and education of children is for parents, a natural right and a duty to exercise under the supervision and with the help of
government.
Children have a duty to assist their parents.
The law lays down the rules on marriage and family organization.
Article 41
A minor child is any person, regardless of sex, who has not yet reached 18 years of age.
Every minor child has the right to know the names of his father and mother.
It also has the right to enjoy the protection of his family, society and governments.
Abandonment and abuse of children including child abuse, sexual abuse and the accusation of witchcraft are prohibited and punished by
law.
Parents have a duty to take care of their children and to protect them against all acts of violence both inside and outside the home.
Governments have an obligation to provide protection to children in difficult circumstances and to bring before justice, the perpetrators
and accomplices in the acts of violence against children.
All other forms of exploitation of minors are severely punished by law.
Article 42
Governments have a duty to protect young people against any threat to their health, their education and their development.
Article 43
Everyone has the right to school education. There shall be filled by national education.
The national education includes public and private institutions accredited.
The law sets out the conditions for the establishment and operation of these institutions.
Parents have the right to choose the form of education given to their children.
Primary education is free and compulsory in public schools.
Article 44
The eradication of illiteracy is a national duty, for which the Government must formulate a specific programme.
Article 45
Education is free.
It is, however, subject to the supervision of public authorities, under conditions laid down by law.
Everyone has access to national schools, without discrimination place of origin, race, religion, sex, political or philosophical opinions, his
physical, mental or sensory impairment, according to its capabilities.
Educational institutions can provide national, in collaboration with the religious authorities, to their students minors whose parents request
it, an education in keeping with their religious beliefs.
Governments have a duty to promote and ensure, through teaching, education and dissemination, respect for human rights, fundamental
freedoms and the duties of citizens enshrined in the present Constitution.
Governments have a duty to ensure the dissemination and teaching of the Constitution, the Universal Declaration of Human Rights, the
African Charter on Human Rights and Peoples' Rights, as well as all the conventions Regional and international human rights and
international humanitarian law, duly ratified.
The State has an obligation to integrate human rights into all training programmes of the armed forces, police and security services.
The law determines the conditions of application of this article.
Article 46
The right to culture, freedom of intellectual and artistic creation, and of scientific and technological research are guaranteed subject to
compliance with the law, public order and morality.
The copyright and intellectual property are guaranteed and protected by law.
The state takes into account the performance of its tasks, the country's cultural diversity.
It protects the national cultural heritage and promotes it.
Article 47
The right to health and food security is guaranteed.
The law lays down the basic principles and rules of organization of public health and food safety.
Article 48
The right to decent housing, the right of access to drinking water and electric power are guaranteed. The law establishes the rules
governing the exercise of these rights.
Article 49
The senior citizen and person with disabilities are entitled to special measures of protection in keeping with their physical, intellectual and
moral.
The State has a duty to promote the presence of the person with a disability within the national, provincial and local.
An organic law lays down the procedure for implementing this right
Chapter 3: Collective rights
Article 50
The state protects the legitimate rights and interests of the Congolese people who are both inside and outside the country. Subject to
reciprocity, any alien lawfully in the national territory enjoys the same rights and freedoms that the Congolese, except political rights.
He enjoys the protection afforded to individuals and their property as required by treaties and laws.
It is obliged to comply with the laws and regulations of the Republic.
Article 51
The government has a duty to ensure and promote the peaceful and harmonious coexistence of all ethnic groups in the country.
It also ensures the promotion and protection of vulnerable groups and all minorities.
It sees to their development.
Article 52
All Congolese have the right to peace and security, both nationally and internationally.
No individual or group of individuals may use a portion of the national territory as a base for subversive or terrorist activities against the
Congolese State or any other State.
Article 53
Everyone has the right to a healthy environment conducive to the integral development.
It has the duty to defend.
The State shall protect the environment and people's health.
Article 54
The conditions for construction of factories, storage, handling, disposal and incineration of toxic waste, or radioactive pollutants from
industrial or craft units installed on the national territory shall be determined by law.
Any pollution or destruction resulting from economic activity gives rise to compensation and / or reparation.
The law determines the nature of the measures, reparation and the modalities for their implementation.
Article 55
The transit, import, storage, disposal, discharge into surface waters and the sea areas under national jurisdiction, spreading in the airspace
of toxic waste, radioactive pollutants, or any other dangerous product, from or not from abroad, is a crime punishable by law.
Article 56
Any act, any agreement, any agreement, any arrangement or any other facts, which has the effect of depriving the nation, the natural or
legal persons from all or part of their livelihood from their resources or their natural wealth without prejudice to the provisions on
international economic crimes, is criminalized plunder punishable by law.
Article 57
The acts referred to in the preceding article, as well as their attempt, whatever the rules, if they are carried out by a person invested with
public authority, shall be punished as a crime of high treason.
Article 58
All Congolese have the right to enjoy the national wealth.
The State has the duty to redistribute them equitably and ensure the right to development.
Article 59
All Congolese have the right to enjoy the common heritage of mankind. The State has the duty to facilitate their enjoyment.
Article 60
Respect for human rights and fundamental freedoms enshrined in the Constitution required the government and any person.
Article 61
In no event, even when a state of siege or state of emergency has been declared in accordance with Articles 85 and 86 of this
Constitution, must be adhered to the fundamental rights and principles listed below:
1. The right to life;
2. The prohibition of torture and cruel, inhuman or degrading treatment;
3. The prohibition of slavery and servitude;
4. The principle of legality of crimes and penalties;
5. The rights of the defence and the right of appeal;
6. The prohibition of imprisonment for debt;
7. Freedom of thought, conscience and religion.
Chapter 4: The duties of citizens
Article 62
Nobody is supposed to ignore the law. Everyone is obliged to respect the Constitution and abide by the laws of the Republic.
Article 63
All Congolese have the right and the sacred duty to defend the country and its territorial integrity face of a threat or external aggression. A
compulsory military service could be achieved in the conditions laid down by law.
Any national, provincial, local and customary has the duty to safeguard the unity of the Republic and the integrity of its territory, under
penalty of high treason.
Article 64
All Congolese have the duty to thwart any individual or group of individuals who take power by force or who exercise it in violation of the
provisions of this Constitution.
Any attempt to overthrow the constitutional order constitutes an offence against the nation and the state. It is punished according to law.
Article 65
Every Congolese is required to faithfully fulfill its obligations vis-à-vis the State. It also has the duty to pay taxes.
Article 66
All Congolese have the duty to respect and treat its citizens without any discrimination and to build a relationship that can safeguard,
promote and strengthen national unity, respect and mutual tolerance.
They, moreover, have the duty to preserve and strengthen national solidarity, particularly when the latter was threatened.
Article 67
All Congolese have the duty to protect the property, property and public interests and to respect the property of others.
Chapter 1: Civil and political rights
Article 11
All human beings are born free and equal in dignity and rights. However, the enjoyment of political rights is recognized only Congolese,
except as prescribed by law.
Article 12
All Congolese are equal before the law and are entitled to equal protection of laws.
Article 13
No Congolese could, in education and access to public office or in any other matter, be subject to discriminatory treatment, whether as a
result of a law or an act of the executive, because of his religion, his family origin, social condition, of his residence, his opinions or
political beliefs, membership of a particular race, ethnic group, a tribe, a minority cultural or linguistic .
Article 14
Governments shall ensure the elimination of all forms of discrimination against women and ensure the protection and promotion of their
rights.
They take in all fields, particularly in the civil, political, economic, social and cultural fields, all appropriate measures to ensure the total
development and full participation of women in development of the nation.
They take, measures to combat all forms of Violence against women in public life and in private life.
Women have the right to fair representation within the national, provincial and local.
The State guarantees the implementation of parity between men and women in these institutions.
The law specifies the procedures for implementing these rights.
Article 15
Governments ensure that the elimination of sexual violence.
Without prejudice to the international treaties and agreements, any sexual abuse made on any person, with intent to destabilize, breaking up
a family and to eliminate an entire people was made a crime against humanity punishable by law.
Article 16
The human person is sacred. The State has the obligation to respect and protect it.
Everyone has the right to life, physical integrity and to the free development of his personality in accordance with the law, public order,
the rights of others and morality.
No one shall be held in slavery or in a similar condition.
No one shall be subjected to cruel, inhuman or degrading treatment.
No one shall be required to perform forced or compulsory labour.
Article 17
Personal freedom is guaranteed. It is the rule, holding the exception.
No one may be prosecuted, arrested, detained or sentenced in accordance with the law and in the forms prescribed.
Nobody can be prosecuted for an act or omission which did not constitute an offence at the time it was committed and at the time of
prosecution.
No person shall be convicted of an act or omission which did not constitute an offence at a time when it is committed and the time of
sentencing.
There can be inflicted barely higher than that applicable at the time the offence is committed.
The penalty ceases to be performed where, under a law after the trial:
1. It is deleted;
2. The act which it is made, is no longer an infringement.
In the event of reduction of sentence under a law after the trial, the penalty shall be executed in accordance with the new law.
The criminal responsibility is individual. No one may be prosecuted, arrested, detained or sentenced for acts of another.
Any person charged with an offence shall be presumed innocent until his guilt has been established by a final judgement.
Article 18
Any person who is arrested must be immediately informed of the reasons for his arrest and of any charge against him and in a language
he understands.
It must be immediately informed of his rights.
The person in custody has the right to establish immediate contact with his family or his counsel.
The detention may not exceed forty-eight hours. At the expiration of that period, the person in custody must be released or made available
to the competent judicial authority.
All detainees must be given treatment that preserves his life, his physical and mental health as well as his dignity.
Article 19
Nobody can be either removed or against his will, the judge that the law assigns.
Everyone has the right to have his case heard within a reasonable time by a competent judge.
The right of defence is organised and guaranteed.
Everyone has the right to defend itself or to be assisted by counsel of his own choice and at all levels of criminal proceedings, including
the police investigation and pre instruction.
It can also be assisted in the security services.
Article 20
The hearings of courts are public, unless that advertising is not considered dangerous to public order or morals. In this case, the court
orders the camera.
Article 21
A judgement is written and reasoned. It is delivered in public.
The right to lodge an appeal against the judgement is available to everyone. It is exercised under the conditions laid down by law.
Article 22
Everyone has the right to freedom of thought, conscience and religion.
Everyone has the right to manifest one's religion or belief, either alone or in groups, both in public and in private, through worship,
teaching, practice, the performance of rites and the state of religious life, subject to compliance with the law, public order, morality and
rights of others.
The law establishes the rules governing the exercise of these freedoms.
Article 23
Everyone has the right to freedom of expression.
This right includes freedom to express opinions or beliefs, including through speech, writing and the image, subject to compliance with
the law, public order and morality.
Article 24
Everyone has the right to information.
Freedom of the press, freedom of information and broadcast by radio and television, the press or any other means of communication are
guaranteed subject to the respect of public order, morality and the rights of others.
The law establishes the rules governing the exercise of these freedoms.
The written and audio-visual media are state of public services to which access is guaranteed in an equitable manner to all political and
social issues. The status of state media is established by law, which guarantees objectivity, impartiality and the pluralism of opinions in the
processing and dissemination of information.
Article 25
The freedom of peaceful assembly without arms is guaranteed subject to compliance with the law, public order and morality.
Article 26
Freedom of expression is guaranteed.
Any event on public roads or outdoors, requires organizers to notify the competent administrative authority.
No one shall be compelled to take part in a demonstration.
The law establishes their enforcement actions.
Article 27
All Congolese have the right to individually or collectively send a petition to the authorities and answered within three months.
No person may be subjected to criminal, in any form whatsoever, for taking such an initiative.
Article 28
No one is required to perform a manifestly unlawful order. Any individual or agent of the State shall be the duty of obedience, when the
question is a clear respect for human rights and civil liberties and morality.
Proof of clear-cut illegality of the order lies with the person who refuses to execute it.
Article 29
The home is inviolable. There can be done visiting or search only in the manner and conditions prescribed by law.
Article 30
Anyone who is on the national territory have the right to move freely, to fix his residence, to leave and return under conditions laid down
by law.
No Congolese can neither be expelled from the territory of the Republic, or be forced into exile, or be forced to live outside their habitual
residence.
Article 31
Everyone has the right to respect for his private life, privacy of correspondence, telecommunications or any other form of
communication. It may not be infringed this right except in cases prescribed by law.
Article 32
Any alien who is lawfully within the country enjoys the protection granted to persons and property as required by treaties and laws.
It is obliged to comply with the laws and regulations of the Republic.
Article 33
The right to asylum is recognized.
The Democratic Republic of Congo grants, subject to national security, asylum in its territory to foreign citizens prosecuted or persecuted
because, among other things, their opinions, their beliefs, their racial, tribal, ethnic, linguistic or their promotion of democracy and
defence of Human Rights and Peoples' Rights, in accordance with laws and regulations.
It is prohibited for any person enjoying regular asylum to any subversive activity against his country of origin or any other country, from
the territory of the Democratic Republic of Congo.
The refugees can not be returned to the authority of the State in which they are persecuted or be turned back on the territory of the latter.
In any case, no one can be sent to the territory of a State in which there is a risk of torture, punishment or cruel, degrading and inhuman
treatment.
The law establishes the rules governing the exercise of that right.
Chapter 2: The economic, social and cultural rights
Article 34
The State guarantees the right to individual or collective property acquired in accordance with the law or custom.
It encourages and ensures the safety of private investment, both domestic and foreign.
No one shall be deprived of his possessions except in the public interest and for a just and prior award under conditions established by law.
Nobody can be entered his property except by virtue of a decision by a competent judicial authority.
Article 35
The State guarantees the right to private initiative to both nationals and foreigners.
It encourages the exercise of small traders, arts and crafts by the Congolese and ensures the protection and promotion of expertise and
skills.
The law establishes the rules governing the exercise of that right.
Article 36
Work is a right and a sacred duty for every Congolese.
The State guarantees the right to work, to protection against unemployment and just and favourable remuneration ensuring for the worker
and his family an existence in line with human dignity, supplemented by all other means of social protection, such pension and an annuity.
No one may be prejudiced in his work because of his origins, his sex, his opinions, beliefs or its socio-economic conditions.
All Congolese have the right and duty to contribute through his work in the construction and national prosperity.
The law establishes the status of workers and regulates the specific nature of the legal regime governing profession and the exercise of
professions requiring academic qualification.
The internal structure and operation of professional orders must be democratic.
Article 37
The State guarantees the freedom of association.
The authorities are working with associations that contribute to social development, economic, intellectual, moral and spiritual populations
and the education of our citizens.
Such collaboration can take the form of a grant. The law establishes the rules governing the exercise of this freedom.
Article 38
Freedom of association is recognized and guaranteed.
All Congolese have the right to form trade unions and join freely in the conditions laid down by law.
Article 39
The right to strike is recognized and guaranteed.
It is exercised under the conditions set by law that may prohibit or limit the exercise in the areas of national defense and security or to any
activity or public service of vital interest to the nation.
Article 40
Everyone has the right to marry the person of their choice, of the opposite sex, and to found a family.
The family, the basic cell of the human community, is structured to ensure its unity, stability and protection. It is placed under the
protection of government.
The care and education of children is for parents, a natural right and a duty to exercise under the supervision and with the help of
government.
Children have a duty to assist their parents.
The law lays down the rules on marriage and family organization.
Article 41
A minor child is any person, regardless of sex, who has not yet reached 18 years of age.
Every minor child has the right to know the names of his father and mother.
It also has the right to enjoy the protection of his family, society and governments.
Abandonment and abuse of children including child abuse, sexual abuse and the accusation of witchcraft are prohibited and punished by
law.
Parents have a duty to take care of their children and to protect them against all acts of violence both inside and outside the home.
Governments have an obligation to provide protection to children in difficult circumstances and to bring before justice, the perpetrators
and accomplices in the acts of violence against children.
All other forms of exploitation of minors are severely punished by law.
Article 42
Governments have a duty to protect young people against any threat to their health, their education and their development.
Article 43
Everyone has the right to school education. There shall be filled by national education.
The national education includes public and private institutions accredited.
The law sets out the conditions for the establishment and operation of these institutions.
Parents have the right to choose the form of education given to their children.
Primary education is free and compulsory in public schools.
Article 44
The eradication of illiteracy is a national duty, for which the Government must formulate a specific programme.
Article 45
Education is free.
It is, however, subject to the supervision of public authorities, under conditions laid down by law.
Everyone has access to national schools, without discrimination place of origin, race, religion, sex, political or philosophical opinions, his
physical, mental or sensory impairment, according to its capabilities.
Educational institutions can provide national, in collaboration with the religious authorities, to their students minors whose parents request
it, an education in keeping with their religious beliefs.
Governments have a duty to promote and ensure, through teaching, education and dissemination, respect for human rights, fundamental
freedoms and the duties of citizens enshrined in the present Constitution.
Governments have a duty to ensure the dissemination and teaching of the Constitution, the Universal Declaration of Human Rights, the
African Charter on Human Rights and Peoples' Rights, as well as all the conventions Regional and international human rights and
international humanitarian law, duly ratified.
The State has an obligation to integrate human rights into all training programmes of the armed forces, police and security services.
The law determines the conditions of application of this article.
Article 46
The right to culture, freedom of intellectual and artistic creation, and of scientific and technological research are guaranteed subject to
compliance with the law, public order and morality.
The copyright and intellectual property are guaranteed and protected by law.
The state takes into account the performance of its tasks, the country's cultural diversity.
It protects the national cultural heritage and promotes it.
Article 47
The right to health and food security is guaranteed.
The law lays down the basic principles and rules of organization of public health and food safety.
Article 48
The right to decent housing, the right of access to drinking water and electric power are guaranteed. The law establishes the rules
governing the exercise of these rights.
Article 49
The senior citizen and person with disabilities are entitled to special measures of protection in keeping with their physical, intellectual and
moral.
The State has a duty to promote the presence of the person with a disability within the national, provincial and local.
An organic law lays down the procedure for implementing this right
Chapter 3: Collective rights
Article 50
The state protects the legitimate rights and interests of the Congolese people who are both inside and outside the country. Subject to
reciprocity, any alien lawfully in the national territory enjoys the same rights and freedoms that the Congolese, except political rights.
He enjoys the protection afforded to individuals and their property as required by treaties and laws.
It is obliged to comply with the laws and regulations of the Republic.
Article 51
The government has a duty to ensure and promote the peaceful and harmonious coexistence of all ethnic groups in the country.
It also ensures the promotion and protection of vulnerable groups and all minorities.
It sees to their development.
Article 52
All Congolese have the right to peace and security, both nationally and internationally.
No individual or group of individuals may use a portion of the national territory as a base for subversive or terrorist activities against the
Congolese State or any other State.
Article 53
Everyone has the right to a healthy environment conducive to the integral development.
It has the duty to defend.
The State shall protect the environment and people's health.
Article 54
The conditions for construction of factories, storage, handling, disposal and incineration of toxic waste, or radioactive pollutants from
industrial or craft units installed on the national territory shall be determined by law.
Any pollution or destruction resulting from economic activity gives rise to compensation and / or reparation.
The law determines the nature of the measures, reparation and the modalities for their implementation.
Article 55
The transit, import, storage, disposal, discharge into surface waters and the sea areas under national jurisdiction, spreading in the airspace
of toxic waste, radioactive pollutants, or any other dangerous product, from or not from abroad, is a crime punishable by law.
Article 56
Any act, any agreement, any agreement, any arrangement or any other facts, which has the effect of depriving the nation, the natural or
legal persons from all or part of their livelihood from their resources or their natural wealth without prejudice to the provisions on
international economic crimes, is criminalized plunder punishable by law.
Article 57
The acts referred to in the preceding article, as well as their attempt, whatever the rules, if they are carried out by a person invested with
public authority, shall be punished as a crime of high treason.
Article 58
All Congolese have the right to enjoy the national wealth.
The State has the duty to redistribute them equitably and ensure the right to development.
Article 59
All Congolese have the right to enjoy the common heritage of mankind. The State has the duty to facilitate their enjoyment.
Article 60
Respect for human rights and fundamental freedoms enshrined in the Constitution required the government and any person.
Article 61
In no event, even when a state of siege or state of emergency has been declared in accordance with Articles 85 and 86 of this
Constitution, must be adhered to the fundamental rights and principles listed below:
1. The right to life;
2. The prohibition of torture and cruel, inhuman or degrading treatment;
3. The prohibition of slavery and servitude;
4. The principle of legality of crimes and penalties;
5. The rights of the defence and the right of appeal;
6. The prohibition of imprisonment for debt;
7. Freedom of thought, conscience and religion.
Chapter 4: The duties of citizens
Article 62
Nobody is supposed to ignore the law. Everyone is obliged to respect the Constitution and abide by the laws of the Republic.
Article 63
All Congolese have the right and the sacred duty to defend the country and its territorial integrity face of a threat or external aggression. A
compulsory military service could be achieved in the conditions laid down by law.
Any national, provincial, local and customary has the duty to safeguard the unity of the Republic and the integrity of its territory, under
penalty of high treason.
Article 64
All Congolese have the duty to thwart any individual or group of individuals who take power by force or who exercise it in violation of the
provisions of this Constitution.
Any attempt to overthrow the constitutional order constitutes an offence against the nation and the state. It is punished according to law.
Article 65
Every Congolese is required to faithfully fulfill its obligations vis-à-vis the State. It also has the duty to pay taxes.
Article 66
All Congolese have the duty to respect and treat its citizens without any discrimination and to build a relationship that can safeguard,
promote and strengthen national unity, respect and mutual tolerance.
They, moreover, have the duty to preserve and strengthen national solidarity, particularly when the latter was threatened.
Article 67
All Congolese have the duty to protect the property, property and public interests and to respect the property of others.
The is evidence of human habitation dating back 10,000 year however the Bantu migrations
for the Nigeria region of 2,000 BCE constitutes the early history of the Congo. Different tribal
groups settled into the north and south with Bantu expansion continuing into the 10th
Century CE. The Upemba culture of the 5th Century evolved into the Kongo Empire with
extensive trade and wealth developing along the Congo River system in the 15th and 16th
Centuries. The arrival of the Portuguese and the Christianization of the region and the
effects of the slave trade led to arise of many successive kingdoms including the Luba,
Lunda and Yeke Kingdoms. The Conference of Berlin in 1884 and 1885, led to the eventual
division of East Africa and the Kingdom of Kongo between Portugal, France and Belgium.
The region south of the Congo River was granted to Belgium who dubbed the region the
Congo Free State. King Leopold relinquished control to the Belgium Parliament in 1908
fueling a wave of colonialism which lasted until independence as achieved 30 June 1960 as
the Republic of Congo later named Zaire to avoid confusion of the former French Congo
proclaiming the same title. The region has been beset by violence and internal strife since
independence, With the ouster of the Mobutu Government, Laurent Kabila marched on
Kinshasa and renamed the government the Democratic Republic of Congo on 20 May 1997.
A formal peace agreement was signed in June 2003 between rebels and the Congo
government and the creation of a transitional government. The present constitution was
adopted on 18 February 2006. Human rights are enumerated beginning with Part Two
(Human Rights, Fundamental Freedoms and Duties of the Citizens and the State), conform
with the 1948 Universal Declaration of Human Rights of which Democratic Republic of the
Congo is a signatory and are detailed below. For a full English translation of Democratic
Republic of the Congo's Constitution, click here.
for the Nigeria region of 2,000 BCE constitutes the early history of the Congo. Different tribal
groups settled into the north and south with Bantu expansion continuing into the 10th
Century CE. The Upemba culture of the 5th Century evolved into the Kongo Empire with
extensive trade and wealth developing along the Congo River system in the 15th and 16th
Centuries. The arrival of the Portuguese and the Christianization of the region and the
effects of the slave trade led to arise of many successive kingdoms including the Luba,
Lunda and Yeke Kingdoms. The Conference of Berlin in 1884 and 1885, led to the eventual
division of East Africa and the Kingdom of Kongo between Portugal, France and Belgium.
The region south of the Congo River was granted to Belgium who dubbed the region the
Congo Free State. King Leopold relinquished control to the Belgium Parliament in 1908
fueling a wave of colonialism which lasted until independence as achieved 30 June 1960 as
the Republic of Congo later named Zaire to avoid confusion of the former French Congo
proclaiming the same title. The region has been beset by violence and internal strife since
independence, With the ouster of the Mobutu Government, Laurent Kabila marched on
Kinshasa and renamed the government the Democratic Republic of Congo on 20 May 1997.
A formal peace agreement was signed in June 2003 between rebels and the Congo
government and the creation of a transitional government. The present constitution was
adopted on 18 February 2006. Human rights are enumerated beginning with Part Two
(Human Rights, Fundamental Freedoms and Duties of the Citizens and the State), conform
with the 1948 Universal Declaration of Human Rights of which Democratic Republic of the
Congo is a signatory and are detailed below. For a full English translation of Democratic
Republic of the Congo's Constitution, click here.