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Citizenship of the Democratic Republic of Congo is regulated by the Congolese Civil Code and the Special Law on Congolese Nationality. [1] Congolese citizenship can be acquired in three ways; by deriving citizenship from at lest one Congolese parent, through naturalization, or through marriage.
Citizenship by Descent
[edit]Children of at least one Congolese parent are automatically granted citizenship. This includes children from a foreign country who are adopted by at least one Congolese parent or children of Congolese parents who are born abroad.[2]
Citizenship by Naturalization
[edit]The only requirement to acquire citizenship through naturalization, is to legally demonstrate physical residence in Congo for a minimum of five years. [3]
Citizenship Through Marriage
[edit]Citizenship through marriage entails the official registration of a foreign individual who has been or is married to a Congolese citizen[2]. The granting and approval of citizenship through marriage is only viable for heterosexual couples given that same-sex marriage is formally banned under Article 40 of Congo's constitution[4]
Compared to other African countries, the acquisition of citizenship through marriage can be restrictive given that it must be approved by both the Council of Ministers and the National Assembly. [5]
Dual Citizenship
[edit]The government of the Democratic Republic of Congo does not allow for dual citizenship. The only exception is applied when children born abroad are adopted by at least one Congolese parent. In this case they are able to remain dual citizens until they turn 21, they then have 12 months to renounce their foreign citizenship or have their Congolese citizenship revoked. [6]
History
[edit]Citizenship in the Democratic Republic of Congo (DRC) has become an issue of contest among the native Congolese population and those of immigrant descent. There have been instances in which citizenship is denied to people of foreign descent who have lived in Congo for most of their lives. Similarly, there have also been instances where citizenship is denied to Congolese communities who relocated to other provinces within Congo.
Citizenship Denial to People of Rwandan Descent
[edit]Since approximately 1881, thousands of Rwandans, especially those of Tutsi descent, were brought into Congo by Belgian colonial forces to work in mines and plantations and a large number of them settled in the Kivu providence that neighbors Burundi and Rwanda. [7] However, after achieving its independence in 1960, Congo's second president, Mobutu Sese Seko, struggled with state-building proceedings; specifically the issue of nationality stated in article 6 of the constitution of 1964. Under this constitution, Congolese citizenship is granted to all persons with tribal ancestry established on or before18th October, 1908, excluding ethnic groups that had migrated to Congo after this date - including refugees from Rwanda who had resided in Congo for most of their life.[8]
In 1972, Barthelemy Bisengimana a Congolese Tutsi who served in the parliament as Mobutu's Director of the Bureau of the Presidency pursued a new nationality law that sough to grant citizenship to people from Burundi and Rwanda who had resided in Congo since 1950 as opposed to the original cutoff date in 1908. This law was later annulled by parliament in 1981. [9] The denial of citizenship to immigrants from Rwanda who had moved to Congo after 1908 was especially criticized given that it would exclude all Rwandan refugees who fled from the 1994 Rwandan genocide against Tutsi people.[7]
Citizenship Denial to Kasaians Residing in Katanga
[edit]People from the Kasai province in Congo have migrated to the Katanga province looking for employment opportunities since the booming of the mining industry in 1960. Kasaians were able to gain prominent wealth from this industry which sparked dissatisfaction from native Katangas. In 1958, native Katangan groups founded the Confederation of Tribal Associations of Katanga to advocate for the protection of Katanga's material wealth to be granted to Kanga's natives before anyone else. [7]
From 1992 to 1994 in an effort to displace and strip Kasaians of their citizenship rights, Katanga groups displaced at least a million Kasainas from their homes in Katanga. [10]
2004 Nationality Law
[edit]In 2004, Congolese parliament passed a new nationality that sought to draw clearer lines on citizenship. Under this new law, children born in Congo to non-Congolese parents can acquire citizenship if at least one parent belongs to any ethnic group that whose residence was recognized by the time Congo gain independence. [11] This new law allowed for the inclusion of immigrant communities from Rwanda and Burundi especially but still leaves out parents who immigrated to Congo after 1960 and all refugees from the 1994 Rwanda genocide including children.
References
[edit]- ^ United States. Office of Personnel Management. Investigations Service. (2001). Citizenship laws of the world. U.S. Office of Personnel Management, Investigations Service. ISBN 1-57370-110-6. OCLC 49910917.
- ^ a b United States. Office of Personnel Management. Investigations Service. (2001). Citizenship laws of the world. U.S. Office of Personnel Management, Investigations Service. ISBN 1-57370-110-6. OCLC 49910917.
- ^ Refugees, United Nations High Commissioner for. "Refworld | Democratic Republic of the Congo: Whether a foreign national who acquired Congolese citizenship through marriage can regain Congolese nationality; if so, the procedure for regaining Congolese nationality; whether a child born outside the Democratic Republic of the Congo (DRC) of a Congolese father can acquire Congolese nationality from outside the country; if so, the procedure for doing so". Refworld. Retrieved 2020-05-12.
- ^ "Présidence de la République démocratique du Congo". web.archive.org. 2006-08-12. Retrieved 2020-05-12.
- ^ Manby, Browen. "Les lois sur la nationalité en Afrique: Une étude comparée" (PDF). Open Society Foundations.
{{cite web}}: CS1 maint: url-status (link) - ^ "Democratic Republic of the Congo – Refugee Documentation Centre of Ireland on 31 August 2011" (PDF). Refugee Documentation Centre of Ireland. 2011.
{{cite web}}: CS1 maint: url-status (link) - ^ a b c Nzongola-Ntalaja, Georges (2007-01-01), "The Politics Of Citizenship In The Democratic Republic Of Congo", Making Nations, Creating Strangers, BRILL, ISBN 978-90-04-15790-3, retrieved 2020-05-13
- ^ jackson, Stephen (2007). "Of "Doubtful Nationality": Political Manipulation of Citizenship in the D. R. Congo". Citizenship Studies. 11 (5): 481–500. doi:10.1080/13621020701605792. ISSN 1362-1025.
- ^ Jackson, Stephen (2006). "Sons of Which Soil? The Language and Politics of Autochthony in Eastern D.R. Congo". African Studies Review. 49 (2): 95–123. doi:10.2307/20065242. ISSN 0002-0206.
- ^ Nzongola-Ntalaja, Georges (2004-08-03). "Citizenship, Political Violence, and Democratization in Africa". Global Governance: A Review of Multilateralism and International Organizations. 10 (4): 403–409. doi:10.1163/19426720-01004002. ISSN 1075-2846.
- ^ "Democratic Republic of Congo : Citizenship Rights in Africa Initiative". citizenshiprightsafrica.org. Retrieved 2020-05-13.