In the perspective of the presidential elections of 2023 in the Democratic Republic of the Congo, Noël Tshiani Muadiamvita, former presidential candidate of December 2018, set fire to the powders with his bill specifying that “one must be Congolese of father and mother ”To claim the supreme chair and certain functions.
A proposition that smacks of ivoirité, that narrow interpretation of nationality that put West Africa’s first economy on fire from 1993 to 2011.
“The presidency of the Republic should be reserved for those who are 100% Congolese. Some people love the DRC because of the money they have made and hope to earn. I have nothing against anyone but I believe that only Congolese of father and mother should accede to the presidency of the Republic. The country needs a thoroughbred Congolese whose congolity is not in doubt. For giving access to positions of sovereignty to the Congolese with shared loyalty, we have an infiltrated army that is paying the price for complacency. This condition is a safeguard to preserve the presidential function of the disloyal people who could reach it to carry out subsequently subversive actions against the country “, argues the former candidate.
Noël Tshiani Muadiamvita also wants this ban to extend to the presidents of parliamentary chambers, positions which “must be occupied by Congolese born to Congolese fathers and mothers because, in the event of a vacancy at the top of the State, the President of the Senate will be called upon to act as interim ”.
But this bill does not unite both politicians and civil society. “Anyone who dares to present the Tshiani bill to the National Assembly will sign their death certificate on the same day,” MP Daniel Safi threatened. “Useless quarrels, rejections, choices supposedly of Congolity and others. It won’t get us anywhere. Let us join dear compatriots, let us unite ”.
The reactions are numerous. “And yet, we have already taken a very good momentum with all that my husband Joseph Kabila Kabange has consented to as a sacrifice, so that we come to this,” pleaded Olive Lembe Kabila, wife of the predecessor of President Félix Tshisekedi .
“I am proud of my Congolese nationality. Even in my sleep, I will always defend the interests of the Democratic Republic of the Congo. I don’t back down, I’m not naive, but I respect others. Where there is the interest of the country, I will be there, ”reacted Moïse Katumbi, ex-governor of Katanga.
In its articles 10, 13 and 72, in particular, the Constitution of the DRC sheds enough light on this debate, the outcome of which could be chaotic.
“Congolese nationality is either of origin or of individual acquisition”, provides paragraph 2 of article 10 of the Constitution of the DRC of February 18, 2006. Congolese nationality of origin is recognized from birth to the child in consideration of two elements of connection of the individual to the DRC, including his filiation with one or two Congolese parents (sanguinis), his belonging to ethnic groups and nationalities including people and territory constituted what became the Congo (currently the Democratic Republic of Congo) at independence or its birth in the Democratic Republic of Congo, that is to say, on the one hand, “the newborn found in the Democratic Republic of the Congo “and, on the other hand,” the child born in the Democratic Republic of the Congo of parents having stateless status or foreign parents whose nationality is not transmitted to the child because of the legislation of the ‘State of origin which recognizes only jus soli or recognizes has no effect on the nationality of natural descent ”
. In the latter case, the child is said to be Congolese by presumption (by law).
In addition, there are five modes of individual acquisition of nationality:
1.The acquisition of Congolese nationality by the effect of naturalization 2.The acquisition of Congolese nationality by the effect of the option; 3.The acquisition of Congolese nationality by the effect of adoption; 4.Acquisition of Congolese nationality by the effect of marriage; 5.Acquisition of Congolese nationality by the effect of birth and residence in the Democratic Republic of Congo.
Whatever the method of acquisition, the applicant must meet the following conditions to acquire Congolese nationality:
- Be of legal age; 2. Expressly introduce an individual declaration; 3. Submit a written declaration of commitment renouncing any other nationality; 4. Know how to speak one of the Congolese languages; 5. To have a good life and morals; 6. Have at the date of the application a permanent residence in the DRC for 7 years; 7. Never to have engaged for the benefit of a foreign state, in acts incompatible with the status of Congolese or prejudicial to the interests of the DRC; 8. Not have been the subject of a final conviction by national or foreign courts for any of the following offenses: a. High treason ; b. War crimes, crimes of genocide, crimes against humanity, crimes of aggression; vs. Crime of terrorism, assassination, murder, rape, rape of minors, pedophilia; Economic crimes, money laundering, corruption, counterfeiting.
