English Translation \u00a9 2016 by William S. Hein & Co., Inc. All rights reserved.
\n\n\nTranslated by Maria del Carmen Gress
\n\nThe Congolese People,
\nConscious of the necessity to preserve the peace and the stability, the unitary form and the secular and indivisible character of the State, the national unity and social cohesion;
\nConcerned about building a Republic founded on the principles of equality, of fraternity, of sharing and of solidarity on the one hand, and on the other hand of assuring the development [\u00e9panouissement] of each and of all within the framework of a Republic respectful of the intangible rights of the human person;
\nInterpellated by the pressing need to conciliate the universal values of democracy and the political, social and cultural national realities;
\nAffirm their attachment to the virtues of dialogue as [a] means of peaceful regulation of disagreements within the framework of an appeased Republic;
\nSolemnly reaffirm, its permanent right of inalienable sovereignty over all the national wealth and the natural resources as fundamental elements of its development;
\nDeclare [as an] integral part of this Constitution, the fundamental principles proclaimed and guaranteed by:
\nthe United Nations Charter of 24 October 1945;
\nthe Universal Declaration of the Rights of Man of 10 December 1948;
\nthe African Charter of the Rights of Man and of Peoples of 26 June 1981;
\nthe Charter of the National Unity and the Charter of Rights and Freedoms of 29 May 1991;
\nall the pertinent national and international texts duly ratified, relative to human rights;
\nCondemn the coup d'\u00e9tat, the tyrannical exercise of power and the usage of political violence, under all its forms, as means of accession to power or to its conservation.
\nOrdain and establish for the Congo this Constitution that enunciates the fundamental principles of the Republic, defines the rights and the duties of the citizens and establishes the forms of organization and the rules of functioning of the State.
\nThe Republic of the Congo is a State of Law, sovereign, unitary and indivisible, decentralized, secular, and democratic.
\nIts capital is Brazzaville.
\nThe principle of the Republic is: Government of the people, by the people and for the people.
\nThe national emblem is the tricolor flag, [of] green, yellow, [and] red.
\nOf rectangular form, it is composed of two right-angled triangles of green and red color, separated by a yellow band in diagonal, the green being on the side of the pole [hampe].
\nThe law specifies the dimensions, the tones of the colors and the other details of the flag.
\nThe national anthem is "La Congolaise [the Congolese]".
\nThe motto of the Republic is "Unit\u00e9, Travail, Progr\u00e8s [Unity, Work, Progress]".
\nThe seal of the State and the coat-of-arms of the Republic are determined by the law.
\nThe official language is French.
\nThe national vehicular languages [langues v\u00e9hiculaires/lingua franca] are Lingala and Kituba.
\nThe national sovereignty belongs to the people who exercise it by means of universal suffrage, by their elected representatives or by way of referendum. No fraction of the people one fraction of the people, no body of the State or no individual may arrogate its exercise.
\nSuffrage is universal, direct or indirect, free, equal and secret.
\nAll Congolese being already eighteen (18) years of age and enjoying their civil and political rights are electors within the conditions established by the law.
\nThe Republic of Congo consecrates [consacre] political pluralism.
\nArticle 8
\nThe human person is sacred and has the right to life.
\nThe State has the obligation to respect it and to protect it.
\nEach citizen has the right to the full development [\u00e9panouissement] of his person within respect for the rights of others, of the public order, of ethics [morales] and of morals [bonne m\u00cfurs].
\nThe penalty of death is abolished.
\nArticle 9
\nThe freedom of the human person is inviolable. No one may be arbitrarily accused, arrested or detained.
\nAny accused is presumed innocent until his culpability has been established following a just and equitable process guaranteeing the rights of defense.
\nThe rights of the victim are equally guaranteed.
\nArticle 10
\nSave in the case of loss or of forfeiture of nationality, no Congolese citizen may be extradited, or delivered to a foreign power or organization, for whatever motive that may be.
\nThe State has the duty to provide assistance to all Congolese citizens prosecuted before a foreign or international jurisdiction.
\nArticle 11
\nAll arrested persons are informed of the motif of their arrest and of their rights in a language that they comprehend.
\nAll acts of torture, all cruel, inhuman or degrading treatments are prohibited.
\nThe judicial power, guardian of the individual freedoms, assures the respect for this principle within the conditions established by the law.
\nArticle 12
\nWar crimes, crimes against humanity, [and] the crime of genocide, are punished within the conditions determined by the law. They are imprescriptible.
\nArticle 13
\nAny propaganda or any incitement to ethnic hatred, to insurrection, to violence or to civil war constitutes a crime punished by the law.
\nArticle 14
\nAny individual, any agent of the State, any agent of the local collectivities, any public authority who would be rendered culpable [se render coupable] of acts of torture or of cruel, inhuman or degrading treatment, either on his own initiative, or under instructions, is punished according to the law.
\nArticle 15
\nAll Congolese citizens are equal before the law and have right to the protection of the State.
\nNone may be favored or disadvantaged by virtue of their family origin, ethnic [origin], of their social condition, of their political, religious, philosophical, or other convictions.
\nArticle 16
\nThe law guarantees and assures the promotion and the protection of the rights of the autochthonous Peoples.
\nArticle 17
\nThe woman has the same rights as the man.
\nThe law guarantees parity and assures the promotion as well as the representativeness of women in all political, elective and administrative functions.
\nArticle 18
\nAny citizen has the right, in any place, to the recognition of his juridical personality.
\nArticle 19
\nCongolese citizenship is guaranteed by the law. Any Congolese has the right to change nationality or to acquire a second [one].
\nArticle 20
\nThe domicile is inviolable.
\nSearch may only be ordered within the forms and the conditions specified by the law.
\nArticle 21
\nThe right of asylum is granted to foreign nationals [ressortisants] within the conditions determined by the law.
\nArticle 22
\nAny citizen has the right to circulate freely on all of the national territory.
\nHe has the right to freely exit the national territory and to return to it, except of this freedom is made the object of restriction by [the] judicial or administrative way [voie].
\nArticle 23
\nThe rights of property and of succession are guaranteed.
\nNo one may be deprived of their property except for cause of public utility, [and] subject [moyennant] to a just and prior indemnification, within the conditions specified by the law.
\nArticle 24
\nThe freedoms of belief and of conscience are guaranteed.
\nThe use of religion for political ends is prohibited.
\nAny manipulation, any forced recruitment [embrigadement] of conscience, any constraints [sujetions] of any nature imposed by any religious, philosophical, political and sectarian fanaticism are prohibited and punished by the law.
\nArticle 25
\nAny citizen has the right to express and to freely diffuse his opinion by words [par la parole], writing, images or by any other means of communication.
\nThe freedom of information and communication is guaranteed. It is exercised within respect for the law.
\nCensorship is prohibited.
\nThe access to the sources of information is free and protected within the conditions determined by the law.
\nArticle 26
\nThe secrecy of correspondence, of telecommunications or of any other form of communication may not be violated, except in the cases and the conditions provided for by the law.
\nArticle 27
\nThe State recognizes and guarantees, within the conditions established by law, the freedoms of association, of assembly, of procession and of manifestation.
\nArticle 28
\nThe right to culture and to the respect for the cultural identity of each citizen is guaranteed.
\nThe exercise of this right must not cause prejudice [porter pr\u00e9judice], to the public order, or to others and to the national unity.
\nArticle 29
\nThe State assures the fulfillment of youth. Under this title, it guarantees notably:
\nthe right to education [education] and the equal access to education [enseignement] and to training [formation];
\nobligatory school attendance [scolarit\u00e9] until the age of sixteen (16) years.
\nArticle 30
\nThe State recognizes to all citizens the right to work and creates the conditions which render its enjoyment effective.
\nArticle 31
\nThe aged persons and persons living with handicap have the right to measures of protection in relation to their physical, moral or other needs, in view of their full development [\u00e9panouissement] within the conditions determined by the law.
\nThe State has the duty to promote the presence of the person living with [an] handicap within the national and local institutions and administrations.
\nArticle 32
\nWith the exception of the Magistrates and of the agents of the public force, the syndical freedoms and the right to strike within the conditions established by the law.
\nArticle 33
\nNo one may be compelled [astreint] to forced labor, except in the case of a penalty deprivative of liberty pronounced by a jurisdiction legally established.
\nNo one may be submitted to slavery.
\nArticle 34
\nEvery person has the right to rest and to leisure, notably to a limitation of the duration of work and to periodic vacations [cong\u00e9s] as well as to the remuneration of the holidays within the conditions established by the law.
\nArticle 35
\nEvery citizen has the right to the protection of moral and material interests deriving from any scientific, literary or artistic work of which he is the author.
\nThe sequestration, the seizure, the confiscation, the interdiction of all or [a] part of any publication, of any recording or of other means of information or of communication may only be done by virtue of a decision of justice.
\nArticle 36
\nThe State is the guarantor of the public health.
\nThe State guarantees the right to create private socio-sanitary establishments [\u00e9tablissements socio-sanitaires] within the conditions established by the law.
\nArticle 37
\nThe State has the obligation to assist the family in its mission as guardian of the morality and of the values compatible with the republican order.
\nThe rights of the mother and of the child are guaranteed.
\nArticle 38
\nMarriage and family are under the protection of the law.
\nAll the children born within marriage or outside the marriage have[,] concerning their parents[,] the same rights and duties.
\nThey enjoy the same protection in terms of the law.
\nParents have concerning their children born within the marriage or outside of marriage[,] the same obligations and the same duties.
\nArticle 39
\nEvery child, without discrimination, has right, on the part of his family, of society and of the State, to measures of protection that their condition requires.
\nArticle 40
\nThe State has the obligation to protect children and adolescents against economical or social exploitation.
\nWork by children of less than sixteen (16) years is prohibited.
\nArticle 41
\nEvery citizen has the right to a healthy, satisfying and durable environment and has the duty of defending it.
\nThe State sees to the protection and the conservation of the environment.
\nArticle 42
\nThe conditions of storage, of handling, of incineration and of disposal of toxic wastes, pollutants or radioactive [materials] originating from factories and other industrial or artisan sites installed on the national territory, are established by the law.
\nAll pollution or destruction resulting from an economical activity gives rise to compensation.
\nThe law determines the nature of the compensatory measures and the modalities of their execution.
\nArticle 43
\nThe transit, the importation, the storage, landfill, [and] dumping in the continental waters and the maritime spaces under national jurisdiction, the expanding in the airspace of toxic wastes, pollutants, radioactive [matter] or of any other dangerous product, originating or not from abroad, constitute crimes punished by the law.
\nArticle 44
\nAny act, any agreement, any convention, any administrative arrangement or any other act, which has as [a] consequence to deprive the Nation of all or part of its own means of existence deriving [tir\u00e9s] from its natural resources or from its wealth, is considered as an crime of pillage and punished by the law.
\nArticle 45
\nThe acts referred to [vis\u00e9s] in the preceding Article, as well as attempts of them, whatever the modalities may be, if they are the act of a constituted authority, are, accordingly to the case, punished as a crime of pillage or as [an] act of breach of duty [forfaiture].
\nArticle 46
\nEvery citizen has the right to present requests to the appropriate organs of the State.
\nArticle 47
\nEvery citizen who suffers [subit] a prejudice by an act of the administration has the right to take action [agir] in justice, within the forms determined by the law.
\nArticle 48
\nEvery person has the right, within the respect for the law, to engage in activity [entreprendre] in the sectors of his choice.
\nArticle 49
\nAny foreigners regularly established on the national territory benefits from the same rights and freedoms as nationals, within the conditions determined by the treaties and the laws, under reserve of reciprocity.
\nArticle 50
\nEvery citizen has the duty to comply with the Constitution, to the laws and regulations of the Republic and of fulfilling [s'acquitter] their obligations towards the State and society.
\nArticle 51
\nEvery citizen has the duty of respecting the rights and freedoms of the other citizens and of safeguarding the security and the public order.
\nThey work [\u00cfuvre] for the promotion of tolerance and of dialogue in relations with others.
\nThey have the obligation of preserving the national interest, the social order, the peace and the national coherence.
\nEvery act or every manifestation of an ethnic, racist or xenophobic character is punished by the law.
\nArticle 52
\nEvery foreigner regularly established in the territory of the Republic of Congo is subject to the obligations enounced in Articles 50 and 51.
\nArticle 53
\nThe assets of the State are sacred.
\nThe assets of the public domain are inalienable, non-transferable, imprescriptible and cannot be seized. Every citizen must respect them and protect them.
\nThe law establishes the conditions for the alienation of public assets, in the general interest.
\nArticle 54
\nAny act of sabotage, of vandalism or of embezzlement [dilapidation] of the public monies [deniers] is prohibited and reprimanded within the conditions provided for by the law.
\nArticle 55
\nEvery citizen, elected or appointed to a high public function, is required to declare his patrimony when taking his functions and at the cessation of them, in accordance with the law.
\nThe law determines the functions subject to the obligation indicated above as well as the modalities of [the] declaration of patrimony.
\nArticle 56
\nEvery citizen elected or appointed to a public function has the duty to exercise it without discrimination.
\nThe political party is an association endowed with moral personality which assembles citizens for the peaceful acquisition and administration [gestion] of power around a project of society dictated by the concern [souci] to realize the general interest.
\nThe political parties are created freely around an ideal of peace, of national unity and of socio-economic development. They enjoy juridical [morale] personality.
\nThe affiliation with a political party is free.
\nNone may be the object of discriminatory measures by virtue of their affiliation with a political party or by the fact that they do not affiliate with any political formation.
\nIt is prohibited to the political parties to identify themselves with a department, with a commune, with a district, with an urban or rural community, with a religion, with an ethnic group [ethnie] or with a clan.
\nThe magistrates and the agents of the public force may not affiliate with political parties.
\nThe political parties benefit from the financial participation of the State.
\nIt is prohibited to the political parties to receive any form of participation [concours] of a nature that infringes the national independence and sovereignty.
\nThe political parties must, to be recognized, conform to the following principals:
\nthe respect, the safeguarding and the consolidation of the national unity;
\nthe protection and the promotion of the fundamental rights of the human person;
\nthe pursuit of the satisfaction of the general interest of the Congolese people;
\nthe promotion of a State of law founded on the respect for and the defense of democracy, of the individual and collective freedoms;
\nthe defense of the integrity of the territory and of the national sovereignty;
\nthe proscription of intolerance, of ethnicism, of sectarianism and of the recourse to violence in all its forms;
\nthe respect of the republican, secular and indivisible character of the State.
\nThe other conditions of existence of the political parties as well as the modalities of their financing are determined by an organic law.
\nThe political opposition is recognized in the Republic of Congo.
\nIt may not undergo limits, regarding its existence and its democratic activities, except for those imposed to all the political parties by this Constitution and the law.
\nThe law determines the status [statut] of the political opposition.
\nArticle 64
\nThe President of the Republic is the Head of the State. He is the guarantor of the national independence, of the integrity of the territory, of the national unity, of the respect for the Constitution and for the international treaties and agreements.
\nHe determines the foreign policy and [the policy] of defense of the Nation.
\nThe President of the Republic is the guarantor of the regular functioning of the public powers and of the continuity of the State.
\nArticle 65
\nThe President of the Republic is elected for a mandate of five (5) years renewable two (2) times.
\nThe President of the Republic remains in [his] function until the end of his mandate which, excluding [a] case of force majeure recognized and declared by the Constitutional Court, must coincide with the effective taking of [his] function of his elected successor.
\nArticle 66
\nNo one may be a candidate for the functions of President of the Republic if:
\nhe is not of Congolese nationality of origin;
\nhe does not enjoy his civil and political rights;
\nhe is not of [a] good morality;
\nhe does not attest to a professional experience of eight (8) years at least;
\nhe is not aged thirty (30) years;
\nif he does not enjoy a state of physical and mental well-being duly declared by a college of three sworn doctors, designated by the Constitutional Court.
\nArticle 67
\nThe President of the Republic is elected by universal direct suffrage, by uninominal ballot, by the absolute majority of the suffrage expressed. If this is not obtained in the first round of the ballot, it proceeds, twenty-one (21) days after the proclamation of the results by the Constitutional Court, to a second round.
\nOnly the two candidates having obtained the greater number of [the] suffrage expressed in the first round[,] may present themselves in the second round.
\nThe candidate having received the majority of the suffrage expressed[,] is declared elected in the second round.
\nArticle 68
\nThe electoral body is convoked by decree [taken] in the Council of Ministers.
\nArticle 69
\nThe first round of the ballot takes place thirty (30) days at least, and forty (40) days at most, before the expiration of the mandate of the President in office [exercice].
\nArticle 70
\nIf before the first round, one of the candidates dies or finds himself definitively incapacitated, the Constitutional Court decides on the postponement [report] of the election.
\nIn the case of death or of definitive incapacity of one of candidates still in the running [rest\u00e9s en lice] for the second round, the Constitutional Court declares to proceed again to the whole [ensemble] of the electoral operations.
\nIn the cases specified [vis\u00e9s] in paragraphs 1 and 2 above, the Constitutional Court referred to [the matter] either by the President of the Republic, or by the President of one or the other Chamber of Parliament, or by interested [person], can suspend the time periods specified in Article 69. The ballot must take place within ninety (90) days counting from the date of the decision of the Constitutional Court. If the application of these provisions of this paragraph have the effect of postponing the presidential election beyond the date of expiration of the mandate of the President of the Republic in office [exercise], he remains in [his] function until the taking of the oath by his elected successor.
\nIn the case of withdrawal [d\u00e9ssistement] of one of the two candidates qualified for the second round, the election continues with the candidate remaining in the running.
\nArticle 71
\nThe law establishes the conditions and the procedure of eligibility, of presentation of the candidatures, of development of the ballot, of counting of the votes [d\u00e9pouillement] and of proclamation of the results of the election of the President of the Republic.
\nIt equally specifies the provisions required for the elections to be free, transparent, just and regular.
\nArticle 72
\nIf no objection [contestation] has been raised in the time period of five (5) days following the proclamation of the provisional results of the election of the President of the Republic and if the Constitutional Court, referred to [the matter] of office, deems [estime] that the election is not tainted with any irregularity of a nature to cause the annulment of the ballot, it proclaims the definitive results of it within the fifteen (15) days following its referral [to the matter].
\nIn case of dispute [contestation], the Constitutional Court decides within a time period of fifteen (15) days counting from its referral [to the matter] and proclaims the definitive results.
\nArticle 73
\nIn the case of annulment of the election by the Constitutional Court, new elections are organized within the time periods of forty-five (45) to ninety (90) days counting from the notification of the decision of the Constitutional Court to the President of the Republic in [his] functions. In this case, the President of the Republic in office [exercice] remains in [his] function until the taking of the oath by the new elected President of the Republic.
\nArticle 74
\nIn the case of death or definitive incapacity of the elected President of the Republic before entering into [his] function, it proceeds to new elections within the time period of forty-five (45) to ninety (90) days counting from the notification to the President of the Republic in [his] functions of the decision of the Constitutional Court stating the death or definitive incapacity of the elected President of the Republic.
\nThe President of the Republic in office remains in [his] function until the taking of the oath by the new elected President of the Republic.
\nArticle 75
\nThe candidates to the election of President of the Republic having obtained at least ten percent (10%) of the suffrage expressed have the right to the reimbursement of the costs and expenses of the campaign.
\nThe law establishes the authorized ceiling for the reimbursement of the costs and expenses of the campaign
\nArticle 76
\nThe mandate of the President of the Republic debuts on the day of his taking of the oath and ends at the expiration of the fifth (5th) year following the debut of him.
\nThe taking of the oath of the elected President of the Republic intervenes twenty days (20) at the latest after the proclamation of the definitive results of the election by the Constitutional Court.
\nArticle 77
\nAt the moment of [lors] entering into [his] function, the President of the Republic takes the following oath:
\n"Before the Nation and the Congolese People, I: (name of the elected), President of the Republic, solemnly swear:
\nto respect and to have respected the Constitution, and to defend the Nation and the republican form of the State;
\nto loyally fulfill the high functions that the Nation and the people have confided in me;
\nto guarantee peace and justice to all;
\nto preserve the national unity, the integrity of the national territory, [and] the national sovereignty and independence."
\nThe oath is received by the Constitutional Court, in public and solemn audience, in the presence of the National Assembly, of the Senate and of the Supreme Court.
\nArticle 78
\nIn the case of vacancy of the function of Presidency of the Republic, by death or any other cause of definitive incapacity, the functions of President of the Republic, with the exception of the attributions mentioned in Articles 82, 83, 86, 87, 88 paragraph 2, 89, 91, 92, 138, 162 and 240, are provisionally exercised by the President of the Senate; in case of incapacity of the President of the Senate, they are assured by the President of the National Assembly, and in the case of incapacity of both, by the Prime Minister.
\nThe vacancy is established and declared by the Constitutional Court, referred to [the matter] by the Prime Minister.
\nIf within the twenty-four hours following the vacancy, the Prime Minister has not referred [the matter] to the Constitutional Court, this refers itself ex oficio, determines [constate] and declares the vacancy.
\nIn both cases, the Constitutional Court designates the President of the Senate or the President of the National Assembly, and in case of incapacity of these, the Prime Minister, President of the Republic by interim.
\nThe President of the Senate, the President of the National Assembly or the Prime Minister assuring the interim of the function of President of the Republic, may not be [a] candidate to the presidential election.
\nArticle 79
\nWhen entering into [his] function, the President of the Republic by interim takes the oath specified in Article 77. The interim may not exceed ninety (90) days.
\nThe election of the new President of the Republic takes place, excluding [a] case of force majeure duly declared [constat\u00e9e] by the Constitutional Court, forty-five (45) days at least and ninety (90) days at most following the opening of the vacancy.
\nArticle 80
\nThe functions of President of the Republic are incompatible with the exercise of any other elective mandate, of any public employment, civil or military and of any professional activity.
\nThe mandate of President of the Republic is equally incompatible with any responsibility within a political party.
\nArticle 81
\nDuring the exercise of his functions, the President of the Republic cannot[,] by themselves or by [an] intermediaries, purchase or lease assets belonging to the domain of the State and of the local collectivities.
\nHe cannot take part in the public markets or the adjudications within the administrations or the institutions in which the State has interests.
\nArticle 82
\nThe President of the Republic receives [peroivent] a compensation of which the amount [montant] is determined by regulatory the way [voie]. He occupies an official residence.
\nArticle 83
\nThe President of the Republic appoints the Prime Minister and terminates his functions.
\nOn proposal of the Prime Minister, he appoints the other members of the Government and terminates their functions.
\nThe President of the Republic establishes by decree the attributions of the members of the Government.
\nArticle 84
\nThe President of the Republic presides over the Council of Ministers.
\nArticle 85
\nThe President of the Republic promulgates the laws within the fifteen (15) days following the transmission by the National Assembly to the Government.
\nThis time period is reduced to five (5) days in the case of urgency declared by the two (2) Chambers of the Parliament.
\nThe President of the Republic can, before the expiration of this time period, demand of one or the other Chamber of the Parliament a second deliberation of the law or of certain of its Articles. This second deliberation cannot be refused.
\nIf the Parliament is at the end of [its] session, this second deliberation takes place, of office, during the following session.
\nThe vote, for this second deliberation, is acquired with the majority of two-thirds (2/3) of the members composing the National Assembly and the Senate meeting in Congress.
\nIf, after this last vote, the President of the Republic refuses to promulgate the law, the Constitutional Court, referred to [the matter] by the President of the Republic or by the President of one or the other Chamber of the Parliament, proceeds to a control of the conformity of the law. If the Constitutional Court declares the law conforming to the Constitution, the President of the Republic promulgates it.
\nArticle 86
\nThe President of the Republic alone has the initiative of the referenda.
\nArticle 87
\nThe President of the Republic can submit to referendum, after [the] opinion of conformity of the Constitutional Court, any bill of law when he judges it necessary.
\nIn the case of an opinion of non-conformity, it may not proceed to the referendum.
\nWhen the referendum has concluded with the adoption of the bill, the law is promulgated within the fifteen (15) days following the proclamation of the results of it.
\nArticle 88
\nThe President of the Republic signs the ordinances and the decrees deliberated in the Council of Ministers.
\nHe appoints in the Council of Ministers to the high civil and military offices [emplois].
\nThe law determines the functions and the civil and military offices to which he is provided by decree in the Council of Ministers.
\nArticle 89
\nThe President of the Republic appoints the ambassadors and the extraordinary envoys to foreign powers and international organizations.
\nThe foreign ambassadors and extraordinary envoys are accredited to him.
\nArticle 90
\nThe President of the Republic is the Supreme Chief of the Armies. He presides over the Committee of Defense as well as the superior organs of orientation, of follow-up [suivi] and of strategic decision in matters of defense and of security.
\nArticle 91
\nThe President of the Republic presides over the Superior Council of the Magistrature.
\nArticle 92
\nThe President of the Republic exercises the right of pardon.
\nArticle 93
\nWhen the institutions of the Republic, the independence of the Nation, the integrity of the national territory or the execution of the international engagements are menaced in a grave and imminent manner[,] and that the regular functioning of the public powers is interrupted, the President of the Republic takes the measures required by the circumstances, after consultation of the Prime Minister and of the Presidents of the two Chambers of the Parliament.
\nHe informs the Nation by a message.
\nThe Parliament meets of plain right in extraordinary session.
\nThe Parliament establishes the time period at the term of which the President of the Republic can no longer take the exceptional measures.
\nArticle 94
\nThe President of the Republic addresses, one time per year, a message on the state [\u00e9tat] of the Nation to the Parliament meeting in Congress.
\nHe can, at anytime, address messages to one or the other Chamber of the Parliament.
\nThese messages do not give rise to any debate.
\nArticle 95
\nThe President of the Republic is justiciable before the High Court of Justice.
\nThe penal responsibility of the President of the Republic may be engaged in the case of grave failure [manquement] in his duties, manifestly incompatible with the exercise of his high function.
\nIn this case, the President of the Republic is impeached [mis en accusation] by the Parliament meeting in Congress deciding by a majority of three-quarters (3/4) of its members.
\nAn organic law establishes the conditions and the procedure of impeachment of the President of the Republic.
\nArticle 96
\nProsecution for acts qualified as crimes or misdemeanors or for grave failure in his duties committed on the occasion of the exercise of his function may no longer be exercised against the President of the Republic after the cessation of his functions.
\nThe violation of the above provisions constitutes the crime of breach of duty [forfaiture] or high treason according to the law.
\nArticle 97
\nThe acts of the President of the Republic other than those specified in Articles 82, 87 and 93 are countersigned by the Prime Minster and the Ministers given the charge of their execution.
\nArticle 98
\nThe Government includes the Prime Minister, Head of the Government and the Ministers.
\nArticle 99
\nThe Prime Minister, in concert [concertation] with the President of the Republic, determines the economic and social policy of the Nation.
\nArticle 100
\nThe Prime Minister is responsible for the conduct of the economic and social policy before the National Assembly.
\nArticle 101
\nThe Prime Minister assures the execution of the laws and exercises the regulatory power in the matters other than those arising from the decrees in the Council of Ministers. He appoints to the civil and military employments other than those provided for in the Council of Ministers or by [a] simple decree of the President of the Republic.
\nHe substitutes the President of the Republic in the presidency of the Councils of Defense as well as of the superior organs of orientation, of monitoring and of strategic decision in matters of defense and security.
\nArticle 102
\nThe Prime Minister convokes and holds the Council of the Cabinet.
\nHe presides over the inter-ministerial committees.
\nArticle 103
\nOn entering into his function, the Prime Minister presents before the National Assembly the program of action of the Government.
\nThe presentation of the program of action of the Government does not give rise to [a]debate, or to [a] vote.
\nArticle 104
\nThe acts of the Prime Minister are countersigned by the Ministers responsible for their execution.
\nArticle 105
\nThe functions of member of the Government are incompatible with the exercise of any elective mandate, of any function of professional representation of a national character and of any private or public, civil or military employment or of any other professional activity.
\nThe members of the Government may exercise agricultural [and] cultural activities, [activities] of local councilor, of teaching [enseignement] and of research.
\nArticle 106
\nDuring the exercise of his functions, the Prime Minister and the other members of the Government cannot[,] by themselves or by [an] intermediaries, purchase or lease assets belonging to the domain of the State and of the local collectivities.
\nThey may not take part in the public markets or the adjudications within the administrations or the institutions in which the State has interests.
\nThey may not, for a fee or free of charge [\u00e0 titre on\u00e9reux ou gracieux], acquire either for their account or for the account of third parties, the residences of functions [r\u00e9sidences de function] made available to them.
\nArticle 107
\nThe Parliament is composed of two Chambers: the National Assembly and the Senate.
\nThe Parliament exercises the legislative power and controls the action of the Government.
\nThe means of information and of control of the Parliament over the action of the Government are:
\nthe interpellation;
\nthe oral question;
\nthe written question;
\nthe question of current issues;
\nthe hearing [audition] in commission;
\nthe parliamentary inquiry;
\nthe motion of censure.
\nArticle 108
\nThe functions of Deputy and of Senator give right to the reimbursement of transport expenses and to the payment of the indemnities.
\nArticle 109
\nThe mandates of Deputy and of Senator can be prolonged by the Constitutional Court referred to [the matter] by the President of the Republic, in the case of exceptionally grave circumstances impeding the normal development of the elections.
\nArticle 110
\nThe law determines:
\nthe electoral circumscriptions;
\nthe number of seats and their division by administrative circumscription;
\nthe mode of the ballot;
\nthe conditions of organization of new elections in the case of vacancy of a seat, as well as the regime of the ineligibilities;
\nthe status [statut] of the Deputies and of the Senators.
\nArticle 111
\nThe candidates to the legislative or senatorial elections are presented by the political parties or by political groups.
\nThey can also present themselves as independent candidates.
\nArticle 112
\nThe Deputies and the Senators loose their mandate if they are the object of a condemnation to an infamous penalty.
\nAn elected Deputy or an [elected] Senator, presented by a political party or political group, who resigns from the party or from the political group in the course of the legislature, loses his status [qualit\u00e9] of Deputy or of Senator.
\nAny ineligibility at the time of the elections known later [ult\u00e9rieurement], as well as the incompatibilities provided for by the law, causes the loss of the mandate of Deputy or of Senator.
\nIn the three cases, it proceeds to partial elections.
\nArticle 113
\nThe Constitutional Court decides, in cases of dispute, on the receivability of the candidatures and on the validity of the election of the Deputies and of the Senators.
\nArticle 114
\nThe right to vote of the Deputies and of the Senators is personal. The vote by proxy is authorized.
\nThe internal regulations of the National Assembly and of the Senate, declared in accordance with the Constitution by the Constitutional Court, establish the conditions of exercise of the vote by proxy.
\nArticle 115
\nThe mandates of the Deputies and of the Senators commence on the second Tuesday following their election. Each Chamber of the Parliament meets of plain right. If this meeting takes place outside the periods provided for the ordinary sessions, an extraordinary session is opened of plain right for a duration of fifteen (15) days.
\nThe mandate of the Deputies ends with the entering into [its] function of the new National Assembly. The elections take place twenty (20) days at least, and fifty (50) days at most, before the expiration of the mandate of the Deputies.
\nThe mandate of the Senators ends with the entering into [its] function of the new Senate. The elections take place twenty (20) days at least, and fifty (50) days at most, before the expiration of the mandate of the Senators.
\nArticle 116
\nIt may not proceed to a partial election in the last semester of the legislature.
\nArticle 117
\nThe Chamber of the Parliament meets of plain right in three ordinary sessions per year on convocation its President:
\nthe first session opens on 15 October and terminates on 23 December;
\nthe second session opens on 1 February and terminates on 10 April;
\nthe third session opens on 2 June and terminates on 13 August.
\nIf 15 October, 1 February or 2 June October is a holidays [jour f\u00e9ri\u00e9], the opening of the session takes place on the first business [ouvrable] day that follows.
\nArticle 118
\nThe agenda for each session is established by the conference of the Presidents.
\nArticle 119
\nEach Chamber of the Parliament is convoked in extraordinary session by its President on a determined agenda, at the demand of the President of the Republic or of the absolute majority of its members. The closure intervenes when the Chamber has exhausted the agenda for which it was convoked and, at the latest, fifteen days counting from the date of the beginning of its meeting.
\nArticle 120
\nThe National Assembly and the Senate are each one directed by a Bureau that includes:
\na President;
\ntwo Vice-Presidents;
\ntwo secretaries;
\ntwo treasurers [questeurs].
\nArticle 121
\nEach Chamber of the Parliament adopts internal regulations which determine its functioning, establish the legislative procedure and the modalities of control of the governmental action.
\nThe internal regulations of each Chamber, declared conforming to the Constitution by the Constitutional Court, have [the] force of organic law.
\nThe President of the National Assembly opens and closes the ordinary and extraordinary sessions of the National Assembly.
\nThe President of the Senate opens and closes the ordinary and extraordinary sessions of the Senate.
\nArticle 122
\nThe sittings of the two Chambers of the Parliament are public.
\nThe complete record [compte rendu int\u00e9gral] of the debates is published in the journal of debates. Nevertheless, the National Assembly or the Senate can sit in closed [session], at the demand of the President of the Republic, of the President of each Chamber or of one-third of their members.
\nArticle 123
\nIn the case of vacancy of the Presidency of the National Assembly or of the Senate, because of death, resignation or any other cause, the concerned Chamber elects a new President within the fifteen (15) days following the vacancy if it is in session; in the contrary case, it meets of plain right within the conditions established by the internal regulations.
\nIn the case of necessity, the other members of the Bureau are to be replaced [il est pourvu au] in conformity with the provisions of the interior regulations of each Chamber.
\nArticle 124
\nThe Parliament alone votes the law.
\nIt consents to the tax, votes the budget of the State and controls its execution. It is referred to [the matter] of the bill of the law of finance at the opening of the session of October.
\nArticle 125
\n[The following] are of the domain of the law:
\ncitizenship, the civic rights and the exercise of the public freedoms;
\nthe constraints imposed on the citizens, on their assets and on their persons, in the interest of the national defense and of public security;
\nnationality, the status [\u00e9tat] and the capacity of persons, the matrimonial regimes, inheritance and gifts;
\nthe determination of crimes, of misdemeanors [d\u00e9lits] and of contraventions as well as of the penalties applicable to them;
\nthe organization of justice and of the procedure to be followed before the jurisdictions, the status of the magistrature and the juridical regime of the Superior Council of the Magistrature;
\nthe organization and the rules of functioning concerning the ministerial offices and of the liberal professions;
\nthe base [l'assiette], the rate and the modalities for recovering the taxes [impositions] of any nature, the loans and the financial engagements of the State;
\nthe regime for the emission of the currency;
\nthe approval of the contracts of sharing of production of the liquid or gaseous hydrocarbons or of the other mining resources.
\nThe law equally establishes the rules concerning:
\nthe reform of the State;
\nthe creation of the public establishments;
\nthe regime of the referendum consultations;
\nthe electoral divisions;
\namnesty;
\nthe general status of the public function;
\nthe administrative organization of the territory;
\nthe free administration of local collectivities, their competences and their resources;
\nthe spatial organization of the territory [am\u00e9nagement du territoire];
\nthe right to work [droit du travail], the syndical right and the regimes of social security;
\nthe nationalizations and the privatizations of enterprises;
\nthe plan for economic and social development;
\nthe environment and the conservation of the natural resources and of sustainable development;
\nthe regime of property, of real rights and of civil and commercial obligations;
\nthe regime of the political parties, of the non-governmental associations and organizations;
\nthe authorization of ratification of the international treaties and agreements;
\nthe organization of the national defense and of the [national] security;
\nthe regime of [the public] domain and [of] land use;
\nthe regime of the natural resources;
\ninsurance [mutualit\u00e9], savings and credit;
\nthe law [droit] and regime of transport;
\nthe law [droit] and the regime of communications and of information;
\nthe law [droit] and penitentiary regime;
\nthe laws of finances;
\nthe program laws that establishes the objectives of the economic and social action of the State, the organization of the productive activities of the State and the grand orientations of the national defense and of security.
\nThe law determines also the fundamental principles of:
\nteaching [enseignement];
\nhealth;
\nsocial action;
\nscience, technology and innovation;
\nindustry;
\ncommerce;
\ntelecommunications;
\nelectricity;
\nwater;
\nculture, arts and sports;
\nagriculture, of animal husbandry, of fishing and the waters and forests.
\nArticle 126
\nMatters other than those that are of the domain of the law have a regulatory character.
\nArticle 127
\nThe National Assembly and the Senate can meet in Congress at the convocation of the President of the Republic.
\nWhen the Parliament meets in Congress, the Bureau of the National Assembly presides over the debates.
\nAn internal regulation determines the organization and the functioning of the Parliament meeting in Congress.
\nArticle 128
\nThe members of the National Assembly bear the title of Deputy. They are elected by universal direct suffrage. Each Deputy elected in an electoral circumscription is the representative of the entire Nation.
\nAny imperative mandate is null.
\nEach Deputy is elected with a substitute.
\nArticle 129
\nThe duration of the mandate of the Deputies is of five (5) years renewable.
\nArticle 130
\nNo Deputy may be prosecuted, or investigated, or detained or judged, for the opinions or votes emitted by him in the exercise of his functions.
\nNo Deputy may, during the duration of the sessions, be prosecuted or arrested without the authorization of the National Assembly, except in the case of crime or flagrante delicto, of authorized prosecutions or of definitive condemnation.
\nNo Deputy may, outside of [the] sessions, be prosecuted or arrested without the authorization of the Bureau of the National Assembly, except in the case of flagrant delicto, of authorized prosecutions or of definitive condemnation.
\nArticle 131
\nThe mandate of Deputy is incompatible with any other function of public character. The other incompatibilities are established by the law.
\nIn the case of incompatibility, the Deputy is replaced by his substitute. At the end of the incompatibility, he recovers [retrouve] his seat of plain right.
\nArticle 132
\nThe candidates to the elections to the National Assembly must:
\nbe of Congolese nationality;
\nbe aged eighteen (18) years at least;
\nreside on the national territory at the moment of the presentation of the candidatures;
\nenjoy all their civil and political rights;
\nnot have been condemned for voluntary crimes or misdemeanors.
\nArticle 133
\nThe members of the Senate bear the title of Senator. They are elected by indirect universal suffrage by the departmental and municipal councilors.
\nThe Senators represent the local collectivities of the Republic.
\nThe Senate exercises, in addition to its legislative function, that of moderator and of council of the Nation.
\nArticle 134
\nThe duration of the mandate of the Senators is of six (6) years renewable.
\nArticle 135
\nNo Senator may be prosecuted, or investigated, or detained or judged, for the opinions or votes emitted by him in the exercise of his functions.
\nNo Senator may, during the duration of the sessions, be prosecuted or arrested without the authorization of the Senate, except in the case of crime or flagrante delicto, of authorized prosecutions or of definitive condemnation.
\nNo Senator may, outside of [the] sessions, be prosecuted or arrested without the authorization of the Bureau of the Senate, except in the case of flagrant delicto, of authorized prosecutions or of definitive condemnation.
\nArticle 136
\nThe mandate of Senator is incompatible with any other function of public character. The other incompatibilities are established by the law.
\nIn the case of incompatibility supervening in the course of the mandate, it proceeds to a partial senatorial election to provide for the seat [that has] become vacant.
\nArticle 137
\nThe candidates to the senatorial elections must:
\nbe of Congolese nationality;
\nbe aged forty-five (45) years at least;
\nreside on the national territory at the moment of the presentation of the candidatures;
\nenjoy all their civil and political rights;
\nnot have been condemned for voluntary crimes or misdemeanors.
\nThe President of the Republic can dissolve the National Assembly.
\nThe National Assembly can, by the vote of a motion of censure, overthrow [renverser] the Government.
\nEach Chamber of the Parliament orders [arrte] the agenda of its sessions.
\nThe President of each Chamber informs the Government of it [en].
\nThe Prime Minister and the other members of the Government have access to the works [travaux] of the National Assembly and of the Senate as well as of those of their commissions.
\nWhen they are invited by one or the other Chambers of the Parliament, the Prime Minister and the other members of the Government have the obligation to attend the sittings [s\u00e9ances] of the Chamber that made the demand and to furnish the parliamentarians [with] all [the] explanations related to their activities.
\nThe Prime Minister and the other members of the Government may be heard at their demand. They may equally be heard on interpellation, on the written or oral questions that are addressed to them.
\nThe Parliament controls the action of the Government.
\nThe initiative of the laws belongs, concurrently, to the Government and to the members of the Parliament.
\nThe bills of law are deliberated in the Council of Ministers after [the] opinion of the Supreme Court and transmitted to one or the other Chamber of the Parliament.
\nThe proposals of law, are, before deliberation and vote, communicated for [his] information to the Prime Minister.
\nThe proposals of law and the amendments presented by the members of the Parliament and tending to augment or to diminish the expenses of the State must be paired [assortis] with proposals showing [d\u00e9gageant] the correspondent receipts or savings.
\nThe bills, the proposals of law and the amendments that are not of the domain of the law, are not receivable. The irreceivability is pronounced by the President of the interested Chamber, after deliberation of the Bureau.
\nIn the case of dispute, the Constitutional Court, referred to [the matter] by the Prime Minister or by the President of the interested Chamber, decides within a time period of fifteen (15) days.
\nThe discussion of the bills of law focuses on, before the first Chamber referred to [the matter], the text presented by the Government.
\nA Chamber, referred to [the matter of] a text voted by the other Chamber, deliberates on the text that is transmitted to it.
\nThe bills and proposals of law are sent to one of the permanent commissions that each Chamber of the Parliament has.
\nThe bills and proposals of law can, at the demand of the Government or of the Chamber referred [to the matter], be sent, for examination, to the special commissions designated to this effect.
\nThe number and the nature of the permanent commissions are determined by the internal regulations of each Chamber of the Parliament.
\nThe permanent commissions are constituted in a manner that reflects, as much as possible, the political configuration of each Chamber of the Parliament.
\nThe Government and the members of Parliament have the right of amendment.
\nAny bill of law, any proposal of law, presented before one or the other Chamber of the Parliament, may be the objet of a withdrawal in the course of the debates or before the opening of these.
\nAny bill or any proposal of law is examined, successively, by the two Chambers with a view to the adoption of an identical text.
\nWhen, following a disagreement between the two Chambers, a bill or a proposal of law could not be adopted after one reading by each Chamber, the Prime Minister has the faculty to provoke the meeting of a mixed parity commission [commission mixte paritaire] given the charge of proposing a text on the provisions remaining in discussion.
\nThe text, elaborated by the mixed parity commission is submitted, by the Prime Minister, for approval to the two Chambers of the Parliament. No amendment is receivable, save [with the] accord of the Government.
\nIf the mixed parity commission does not achieve [parvient] the adoption of a common text, the Prime Minister can, after a new reading by the National Assembly and the Senate, demand of the National Assembly to definitively decide.
\nIn this case, the National Assembly can retake either the text elaborated by the mixed parity commission, or the last text voted by it, modified, the case arising, by one or several amendments adopted by the Senate.
\nThe laws to which the Constitution confers the character of organic laws, except the law of finance, are voted and modified in the following conditions:
\nthe bill or the proposal of law is only submitted for deliberation and vote to the first Chamber referred to [the matter] at the expiration of a time period of fifteen (15) days after its deposit;
\nthe procedure of Article 147 and 150 is applicable. However, lacking [an] agreement between the two Chambers, the text may only be adopted by the National Assembly in [its] final reading with the absolute majority of its members;
\nthe organic laws may not be promulgated until after the declaration by the Constitutional Court of their conformity with the Constitution.
\nThe Parliament is referred to [the matter] of the bill of the law of finance at the latest eight (8) days before the opening of the session of October.
\nThe National Assembly is referred to [the matter] in the first instance [en premier lieu] of the bill of the law of finance of the year, of the rectifying [rectificatives] bills of law of finance and of the bills of law of regulation.
\nIf the Parliament has not voted the budget at the end of the session of October, the Prime Minister demands an extraordinary session of which the duration cannot exceed fifteen (15) days.
\nPassing this time, the budget is established, definitively, by ordinance after the opinion of the Constitutional Court.
\nIf the Parliament has not been referred to [the matter] of the bill of the law of finance within the time periods specified in Article 152 and the budget has not been voted in the course [issu] of this first extraordinary session, a second extraordinary session is convoked at the demand of the Prime Minister.
\nAn organic law regulates the mode of presentation of the budget of the State.
\nThe Parliament regulates the accounts of the Nation. It is assisted, to this end, by the Court of Accounts and of Budgetary Discipline.
\nThe bill of law of regulation is presented and distributed, at the latest, at the end of the year that follows the year of execution of the budget.
\nThe declaration of war is authorized by the Parliament meeting in Congress. When, following exceptional circumstances, the Parliament cannot sit usefully, the decision on the declaration of war is taken in the Council of Ministers by the President of the Republic. He informs the Nation immediately of it.
\nThe state of urgency like the state of siege is decreed by the President of the Republic in [the] Council of Ministers. The Parliament meets of plain right.
\nThe state of urgency like the state of siege may be proclaimed in all or [in] part of the Republic for a duration that may not exceed twenty (20) days.
\nIn both cases, the President of the Republic informs the Nation by a message. The Parliament meets of plain right, if it is not in session, to, as need be, authorize the extension of the state of urgency or of the state of siege for more than twenty (20) days.
\nWhen, following exceptional circumstances, the Parliament cannot sit, the President of the Republic can decide on the maintenance of the state of urgency or the state of siege. He informs the Nation of it through a message.
\nA law determines the conditions of implementation of the state of urgency or of the state of siege.
\nThe Government can, to execute its program, demand of the Parliament to vote [on] a law authorizing it to take, by ordinance, during a limited time period, the measures that are normally of the domain of the law.
\nThis authorization is granted with the simple majority of the members of the Parliament. The demand indicates the matters in which the Government wishes that the ordinances be taken.
\nThe ordinances are taken in the Council of Ministers, after the opinion of the Supreme Court. They enter [rentrent] into force from their publication but become lapsed if the bill of the law of ratification is not presented to the Parliament before the date established by the enabling law [loi d'habilitation].
\nWhen the demand for habilitation is rejected, the President of the Republic can, on [a]conforming decision of the Constitutional Court, legislate by ordinance.
\nAt the expiration of the time period mentioned in this Article, the ordinances may only be modified by the law in their provisions that are of the legislative domain.
\nThe Prime Minister can, after deliberation of the Council of Ministers, engage before the National Assembly the responsibility of the Government on its program, on a declaration of general policy or on a bill of [a] text.
\nThe National Assembly, after [a] debate, emits a vote. Confidence may only be refused to the Government by a majority of two-thirds (2/3) of the Deputies composing the National Assembly.
\nWhen confidence is refused, the Prime Minister remits to the President of the Republic the resignation of the Government.
\nThe National Assembly can accuse the responsibility of the Prime Minister and of the other members of the Government by the vote of a motion of censure.
\nTo be receivable, the motion of censure must be signed by at least one quarter (1/4) of the Deputies composing the National Assembly.
\nThe debate and the vote of the motion of censure take place within the forty-eight (48) hours that follow its presentation before the National Assembly.
\nAt the time of the vote, only the voices [voix] favorable to the motion of censure are taken into account.
\nThe motion of censure is adopted by the majority of two-thirds (2/3) of the members composing the National Assembly.
\nThe vote is individual.
\nThe vote by proxy is authorized in the conditions established by the internal regulations of the National Assembly.
\nWhen the motion of censure is adopted, the Prime Minister remits to the President of the Republic the resignation of the Government.
\nThe President of the Republic, after having declared the changes intervening in the National Assembly and after consultation with the Presidents of the Chambers of the Parliament and with the Prime Minister, can pronounce the dissolution of the National Assembly.
\nIn this case, new legislative elections are organized in accordance with the texts in force.
\nIf the motion of censure is rejected, its signatories may not present another in the course of the same session.
\nThere may not be more than one motion of censure in the course of the same session.
\nDuring the year preceding the end of the legislature, no motion of censure may be presented.
\nIn the case of [a] persisting crises between the Government and the National Assembly rendering impossible the regular functioning of the institutions, the President of the Republic, after having informed the Presidents of the two Chambers and the Prime Minister, pronounces the dissolution of the National Assembly.
\nNew elections are organized in accordance with the texts in force.
\nIt may not proceed to any dissolution of the National Assembly in the course of the last year of the legislature.
\nA judicial power is instituted[,] exercised by the Supreme Court, the Courts of Appeal and the other national jurisdictions.
\nThe Supreme Court, the Courts of Appeal, the Tribunals of first instance [Tribunaux de grande instance], the Administrative Tribunals, the Labor Tribunal, the Commercial Tribunals, the Tribunals of instance [Tribunaux d'instance] as well as the other national jurisdictions are created by the organic laws that establish their resort, their composition, their organization and their functioning.
\nJustice is rendered on the national territory in the name of the Congolese People.
\nThe judicial power is independent of the executive power and of the legislative power.
\nThe judicial power decides on the disputes arising [litiges n\u00e9s] between citizens or between citizens and the State.
\nThe judges are only submitted, in the exercise of their functions, to the authority of the law.
\nThe judicial power cannot intrude [empi\u00e9ter] on the attributions of the executive power, or on those of the legislative power.
\nThe executive power cannot decide on the disagreements [diff\u00e9rends], or impede [entraver] the course of justice or oppose itself to the execution of a decision of justice.
\nThe legislative power cannot decide on the disagreements, or impede [entraver] the course of justice or oppose itself to the execution of a decision of justice.
\nAny law, of which the goal is to furnish the solution to a process in course, is null and of no effect.
\nA Superior Council of the Magistrature is instituted[,] presided over by the President of the Republic.
\nThe Minister of Justice is [the] first Vice President of it. He can substitute for the President of the Republic in the presidency of the meetings of the Superior Council of the Magistrature.
\nThe First President of the Supreme Court, the Procurator General, the Vice President, [and] the First Advocate General [Avocat g\u00e9n\u00e9ral] are members by right of the Superior Council of the Magistrature.
\nThey are placed [as] Magistrates outside [the] convention [magistrats hors convention].
\nThe law establishes the modalities of the cessation of the functions of the Magistrates placed outside [the] convention.
\nThe President of the Republic guarantees the independence of the judicial power through the Superior Council of the Magistrature.
\nThe Superior Council of the Magistrature decides as [a] council of discipline and as [the] organ of administration [gestion] on the career of the Magistrates.
\nThe Superior Council of the Magistrature, under the authority of the President of the Republic, may take all measures that could contribute to the regular functioning of the Courts and Tribunals.
\nThe members of the Supreme Court and the magistrates of the other national jurisdictions are appointed by the President of the Republic, by decree in [the] Superior Council of the Magistrature.
\nThe presiding Magistrates [magistrats du sige] are irremovable.
\nThe law establishes the special status [statut] of the sole [unique] body of the Magistrates of the Supreme Court, of the Courts of Appeal and of the other national jurisdictions.
\nAn organic law establishes the organization, the composition and the functioning of the Superior Council of the Magistrature.
\nThe Constitutional Court is the high jurisdiction of the State in constitutional matter.
\nIt is [the] judge of the constitutionality of the laws, [and] of the international treaties and agreements.
\nThe Constitutional Court is the regulatory organ of the functioning of the institutions and of the activities of the public powers.
\nThe Constitutional Court sees to the regularity of the election of the President of the Republic.
\nIt examines the claims and proclaims the definitive results of the ballot.
\nThe Constitutional Courts sees to the regularity of the operations of the referendum and proclaims the definitive results of it.
\nThe Constitutional Court is [the] judge of the electoral disputes of the legislative and senatorial elections. As such, it examines the recourses concerning the contesting [contestation] of the candidatures and of the results of those elections.
\nThe disputes of the elections other than those specified in this Constitution arise in the ordinary jurisdictions.
\nThe Constitutional Court is referred to [a matter] by the President of the Republic, by the President of the National Assembly, by the President of the Senate, the Prime Minister or by a third of the members of each Chamber of the Parliament.
\nThe Constitutional Court is referred to [a matter], for opinion of conformity, before the promulgation of the organic laws or the implementation of the Internal Regulations of each Chamber of the Parliament.
\nIn this case, the Constitutional Court decides within a time period of one (1) month.
\nHowever, on the express demand of the petitioner [requ\u00e9rant], this time period can be reduced to ten (10) days if there is urgency.
\nThe referral [to a matter] of the Constitutional Court suspends the time period for promulgation of the law or for the implementation of the Internal Regulations.
\nAny person [particulier] can, either directly, or by the procedure of the plea [exception] of unconstitutionality invoked before a jurisdiction in a matter that concerns him, refer the Constitutional Court to [a matter] concerning the constitutionality of the laws and of the treaties.
\nIn the case of [a] plea of unconstitutionality, the referred jurisdiction postpones [its] decision and grants [impartit] the petitioner a time period of one (1) month from the notification of the decision to refer [the matter] to the Constitutional Court.
\nA provision declared unconstitutional cannot be promulgated or implemented.
\nThe decisions of the Constitutional Court are not susceptible to any recourse. They impose themselves on the public powers, on all the administrative authorities, jurisdictional [authorities] and on individuals [particuliers].
\nThe Constitutional Court is composed of nine (9) members appointed as follows:
\nthree (3) by the President of the Republic;
\ntwo (2) by the President of the Senate;
\ntwo (2) by the President of the National Assembly;
\ntwo (2) by the Supreme Court from among the members of this jurisdiction.
\nThe President of the Constitutional Court is appointed by the President of the Republic from among its members. He has [a] preponderant voice in the case of equal division [partage] of the voices.
\nThe functions of member of the Constitutional Court are incompatible with those of member of the Government, of the Parliament or of the Supreme Court.
\nThe notable persons [personnalit\u00e9s] condemned for forfeiture, high treason, perjury or any other crime may not be members of the Constitutional Court.
\nThe other incompatibilities are established by the law.
\nThe mandate of the members of the Constitutional Court is of four (4) years renewable two times.
\nThe law determines the modalities of the renewal of the mandates of the members of the Constitutional Court.
\nThe Constitutional Court is composed of at least six (6) notable persons enjoying of experience in the domain of the Law.
\nAn organic law determines the organization and the functioning of the Constitutional Court as well as the procedure to be followed.
\nA Court of Accounts and of Budgetary Discipline is instituted.
\nAn organic law determines the attributions, the organization, the composition and the functioning of the Court of Accounts and of Budgetary Discipline as well as the procedure to be followed.
\nA High Court of Justice is instituted.
\nThe High Court of Justice is composed of Deputies and of Senators elected in [an] equal number by their peers, and of members from [issus] the Supreme Court equally elected by their peers.
\nThe representation of the parliamentarians within the High Court of Justice must reflect, as much as possible, the political configuration of each Chamber of the Parliament.
\nThe High Court of Justice is presided over by the First President of the Supreme Court. The Public Ministry is represented by the Procurator General before [pr\u00e8s] the Supreme Court.
\nThe High Court of Justice is competent to judge the President of the Republic in the case of grave failure [manquement] in his duties, manifestly incompatible with the exercise of his high function.
\nThe members of the National Assembly and of the Senate, the Prime Minister, the Ministers, the members of the Supreme Court and the members of the Constitutional Court, are justiciable before the High Court of Justice, for the acts qualified as crimes or misdemeanors committed in the exercise of their functions. They may only be impeached by the Parliament meeting in Congress deciding by a vote in secret ballot by the majority of the two-thirds of their members.
\nThe coauthors and the accomplices of the persons referred to [vis\u00e9es] in Articles 192 and 193 above are equally justiciable before the High Court of Justice, without it being necessary that the act of impeachment concerning them emanates from the Parliament.
\nAn organic law determines the organization and the functioning of the High Court of Justice as well as the procedure to be followed.
\nAn Economic, Social and Environmental Council is instituted.
\nThe Economic, Social and Environmental Council is, vis-\u00e0-vis [auprs de] the public powers, a consultative assembly.
\nIt is referred to [a matter] by the President of the Republic, the President of the National Assembly or the President of the Senate.
\nIt may, on its own initiative, refer to itself any problem of an economic, social or environmental character.
\nThe Economic, Social and Environmental Council may, also, be consulted on the drafts [projets] of international treaties and agreements, the bills [projets] or the proposals of laws as well as the bills of decrees by virtue of [en raison de] their economic, social or environmental character.
\nThe Economic, Social and Environmental Council is referred to [the matter] of every bill of program law [loi de programme] and plan of development with an economic, social or environmental character, with the exception of the budget of the State.
\nThe function of member of the Economic, Social and Environmental Council is incompatible with that of parliamentarian, of member of the Government, of member of the Constitutional Court, of prefect, of mayor, of sub-prefect or of local councilor.
\nAn organic law establishes the organization, the composition, the rules of functioning and the modalities of appointment of the members of the Economic, Social and Environmental Council.
\nA Mediator of the Republic is instituted.
\nThe Mediator of the Republic is an independent authority, given the charge of simplifying and humanizing the relations between the administration and the administered.
\nAny physical or moral person, who considers [estime], on the occasion of a matter concerning him, that a public organ [organisme] did not function in conformity with the mission of public service attributed [d\u00e9volue] to it can, by an individual request, refer the Mediator of the Republic [to the matter].
\nThe organic law defines the attributions and establishes the conditions of organization, of appointment, of functioning and of referral [of a matter] of the Mediator of the Republic.
\nThe public force is composed of the National Police, by the National Gendarmerie and by the Congolese Armed Forces.
\nThe public force is apolitical. It is subject to the laws and regulations of the Republic. It is instituted in the general interest. No one must utilize it for personal ends.
\nThe public force is subordinated to the civil authority. It only acts within the framework of the laws and regulations. The conditions of its implementation are established by the law.
\nThe law establishes the missions, determines the organization and the functioning as well as the special status [statut] of the personnel of the Police, of the Gendarmerie and the Congolese Armed Forces.
\nThe creation of militias is a crime punished by the law.
\nThe local collectivities of the Republic of the Congo are the department and the commune.
\nOther local collectivities may be created by the law.
\nThe local collectivities administer themselves freely by elected councils and within the conditions provided for by the law, notably in that which concerns their competences and their resources.
\nIn addition to their own resources, the State grants, each year, to the local collectivities a consequent contribution of development.
\nAll imputation of the expenses of sovereignty of the State on the budgets of the decentralized collectivities is prohibited.
\n[The following] are of the competence of the local collectivities:
\nthe planning, the development and the spatial organization [am\u00e9nagement] of the department;
\nurbanism and habitat;
\npre-school, primary and secondary teaching;
\nbasic health, social action and civil protection;
\nthe prevention, the reduction of risks and the administration of catastrophes;
\nthe environment, tourism and leisure;
\nthe sport and cultural action;
\nagriculture, the livestock, fishing and pisciculture;
\nthe administration and finance;
\ncommerce and art craft;
\ntransports;
\nthe road [routier] maintenance;
\nthe budget of the local collectivity. The law determines equally the financial regime of the local collectivities as well as the fundamental principles of the territorial public function.
\nAn organic law establishes the conditions in which the State exercises its protection [tutelle] concerning the decentralized local collectivities, as well as the other competences to be transferred, not specified [vis\u00e9es] by this law.
\nA Superior Council of the Freedom of Communication is instituted.
\nThe Superior Council of the Freedom of Communication is given the charge of seeing to the good exercise of the freedom of information and of communication.
\nIt equally emits technical opinions and formulates recommendations on the questions touching the domain of information and of communication.
\nAn organic law determines the missions, the organization, the composition and the functioning of the Superior Council of the Freedom of Communication.
\nA National Commission of the Rights of Man is instituted.
\nThe National Commission of the Rights of Man is a monitoring organ [organe de suivi] of the promotion and of the protection of the rights of man.
\nThe law determines the missions and establishes the organization and the functioning of the National Commission of the Rights of Man.
\nThe President of the Republic negotiates, signs and ratifies the international treaties and agreements.
\nThe ratification may only intervene after the authorization of the Parliament, notably in that which concerns the treaties of peace, the treaties of defense, the treaties of commerce, the treaties relative to the natural resources or the agreements relative to the international organizations, those which engage the finances of the State, those which modify the provisions of a legislative nature, those which are relative to the status [\u00e9tat] of persons, [and] those that include cession, exchange or adjunction of the territory.
\nThe law determines the agreements dispensed from the procedure of ratification.
\nThe President of the Republic and the Presidents of the two Chambers of the Parliament are informed of all negotiations tending to the conclusion of an international agreement not submitted to ratification.
\nNo cession, no exchange, no adjunction of the territory is valid without the consent of the Congolese People called to decide by way [voie] of referendum.
\nWith the exception of the President of the Republic and of the Minister of Foreign Affairs, every representative of the State must, for the adoption or authentication of an international engagement, produce full powers.
\nThe Republic of the Congo may conclude agreements of association with other States.
\nIt accepts to create, with those States, intergovernmental organs [organismes] of common administration, of coordination, of free cooperation and of integration.
\nIf the Constitutional Court has declared that an international engagement includes a clause contrary to the Constitution, the authorization to ratify it or to approve it may only intervene after the revision of the Constitution.
\nThe treaties or the agreements, regularly ratified or approved, have, from their publication, an authority superior to that of the laws, under the reserve, for each agreement or treaty of its application by the other Party.
\nThe former Presidents of the Republic have the right, at the end of their mandate, to the protection of the State both on their person and on their assets.
\nA life annuity [allocation viagre] of which the amount is established by decree in [the] Council of Ministers is paid to them monthly, as [a] pension.
\nThe other advantages and the modalities of protection of the former Heads of State are determined by the law.
\nThe former Presidents of the Parliamentary Assemblies and the former Prime Ministers, with the exception of those who have been condemned for forfeiture, benefit from the recognition of the Nation.
\nThe law determines the nature and the forms of this recognizance.
\nThe law determines the other former leaders able to [pouvant] benefit from the recognition of the Nation as well as the advantages that are granted to them.
\nArticle 227
\nA National Council of Dialog is instituted[,] placed under the authority of the President of the Republic.
\nArticle 228
\nThe National Council of Dialog is an organ of negotiation [concertation/ consultation], of appeasement and of research of consensus between the living forces of the Nation, on the grand political problems of national interest.
\nArticle 229
\nAn organic law determines the organization, the composition and the functioning of the National Council of Dialog.
\nArticle 230
\nA Consultative Council of the Wise and of Traditional Notables is instituted[,] responsible for emitting opinions on the democratic, cultural and social governance of the State and of making suggestions to the Government that may contribute to an inclusive [solidaire] political administration.
\nArticle 231
\nAn organic law determines the organization, the composition and the functioning of the Consultative Council of the Wise and of Traditional Notables.
\nArticle 232
\nA Consultative Council of Women is instituted[,] responsible for emitting opinions on the condition of women and of making suggestions to the Government aiming to promote the integration of women into the development.
\nArticle 233
\nAn organic law determines the organization, the composition and the functioning of the Consultative Council of Women
\nArticle 234
\nA Consultative Council of Persons Living With Handicaps is instituted[,] responsible for emitting opinions on the condition of the person living with handicaps and of making suggestions to the Government aimed at better support [prise en charge/enabling] of the person living with handicaps.
\nArticle 235
\nAn organic law determines the organization, the composition and the functioning of the Consultative Council of Persons Living With Handicaps.
\nArticle 236
\nA Consultative Council of Youth is instituted[,] responsible for emitting opinions on the questions linked to the full development [\u00e9panouissement] of youth within the framework of an intergenerational governance.
\nArticle 237
\nAn organic law determines the organization, the composition and the functioning of the Consultative Council of Youth.
\nArticle 238
\nA Consultative Council of Civil Society and of Non-Governmental Organizations is instituted[,] responsible for emitting opinions on the questions linked to the participation of citizens in the life of the Nation in view of the promotion of the rights and freedoms of the citizens and of the republican values.
\nArticle 239
\nAn organic law determines the organization, the composition and the functioning of the Consultative Council of Civil Society and of Non-Governmental Organizations.
\nThe initiative of the revision of the Constitution belongs concurrently to the President of the Republic and to the members of the Parliament.
\nNo procedure of revision may be engaged or pursued in [an] interim period or when it infringes the integrity of the territory.
\nThe republican form, and the secular character of the State may not be made the object of revision.
\nWhen it emanates from the President of the Republic, the bill of revision is submitted directly to referendum, after the opinion of the Supreme Court.
\nIt may also be submitted, after the opinion of the Supreme Court, to the Parliament meeting in Congress, which decides by a vote with the majority of three-quarters (3/4) of its members.
\nWhen the proposal of revision emanates from a member of the Parliament, must be voted by three-quarters (3/4) of the members of the two Chambers of the Parliament meeting in Congress.
\nThe President of the Republic is informed in advance of any bill of revision of the Constitution. He sends [fait parvenir] his opinion to the Parliament meeting in Congress.
\nAn organic law establishes the procedure for the revision of the Constitution.
\nThe international treaties and agreements, the laws, the ordinances and the regulations currently in force, when they are not contrary to this law, remain applicable as long as they are not expressly modified or abrogated.
\nThe institutions derived from [issues] the Constitution of 20 January 2002 function until the establishment [mise en place] of the new institutions without being able to [pouvoir] exceed, for the institutions provided for in [an] elective way [voie], the expiration of their mandate.
\nAny Congolese citizen, without exclusion, who fulfills the conditions of eligibility, may present a candidature [faire acte de candidature] to the elective public functions specified by this Constitution.
\nThis law, which enters into force from its publication, will be executed as Constitution of the Republic of Congo.
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