Congolese nationality law is the
nationality law
Nationality law is the law of a sovereign state, and of each of its jurisdictions, that defines the legal manner in which a national identity is acquired and how it may be lost. In international law, the legal means to acquire nationality and for ...
for the
Democratic Republic of the Congo
The Democratic Republic of the Congo (french: République démocratique du Congo (RDC), colloquially "La RDC" ), informally Congo-Kinshasa, DR Congo, the DRC, the DROC, or the Congo, and formerly and also colloquially Zaire, is a country in ...
. It is regulated by the
Constitution of the Democratic Republic of the Congo, as amended; the Congolese Nationality Code, and its revisions; the Congolese Civil Code; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of the Democratic Republic of the Congo.
The legal means to acquire
nationality
Nationality is a legal identification of a person in international law, establishing the person as a subject, a ''national'', of a sovereign state. It affords the state jurisdiction over the person and affords the person the protection of the ...
, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as
citizenship
Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection".
Each state determines the conditions under which it will recognize persons as its citizens, and ...
.
Congolese nationality is typically obtained under the principle of ''
jus soli
''Jus soli'' ( , , ; meaning "right of soil"), commonly referred to as birthright citizenship, is the right of anyone born in the territory of a state to nationality or citizenship.
''Jus soli'' was part of the English common law, in contras ...
'', i.e. by birth in the Democratic Republic of the Congo, or ''
jus sanguinis
( , , ; 'right of blood') is a principle of nationality law by which citizenship is determined or acquired by the nationality or ethnicity of one or both parents. Children at birth may be citizens of a particular state if either or both of t ...
'', by birth abroad to parents with Congolese nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalization.
Acquisition of nationality
Nationality can be acquired in the Democratic Republic of the Congo at birth or later in life through naturalization. Congolese naturalization is typically granted on the basis of either adoption or choice.
By birth
Those who acquire nationality at birth include:
* Children born anywhere who have at least one parent who is a Congolese national;
* Children born in the country to parents who are
stateless; or
*
Abandoned children or
orphans
An orphan (from the el, ορφανός, orphanós) is a child whose parents have died.
In common usage, only a child who has lost both parents due to death is called an orphan. When referring to animals, only the mother's condition is usuall ...
discovered in the territory whose parents are unknown.
By naturalization
Naturalization can be granted to persons who have resided in the territory for a sufficient period of time to confirm they speak a language commonly in use in the country and understand the customs and traditions of the society. General provisions are that applicants have good character and conduct; have no convictions for corruption or sex crimes; have not participated in genocide, terrorism, treason, or war crimes; and have resided in the country for seven years. The acquisition of nationality in the Democratic Republic of the Congo is restrictive as it requires that applicants have performed distinguished service to the nation or that naturalization will benefit the state. Applications must be approved by both the
Council of Ministers
A council is a group of people who come together to consult, deliberate, or make decisions. A council may function as a legislature, especially at a town, city or county/shire level, but most legislative bodies at the state/provincial or natio ...
and the
National Assembly
In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repre ...
, before being granted by the
President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
. Upon approval an applicant must