* Category includes ratification, accession, or succession to the treaty

The Government has also submitted a request to join the East African Community (EAC) Agreement. The Heads of States of the EAC Summit have begun considering the application and directed the EAC Council to expeditiously undertake a verification mission in accordance with the EAC procedure for admission of new members into the EAC.

The Constitution of the Democratic Republic of the Congo (French) guarantees the freedom of association, thus enabling the existence of civil society, through the following articles:

Article 37: The State guarantees freedom of association. The public authorities collaborate with associations that contribute to the social, economic, intellectual, moral, and spiritual development of the people and the education of female and male citizens. This collaboration can take the form of a subsidy. The law sets the modalities of exercising this freedom.

Article 38: Freedom to form labor unions is recognized and guaranteed. All Congolese have the right to start labor unions or to join them freely, in the conditions set by law.

The Constitution also recognizes the freedom to express opinions and to demonstrate in accordance with the relevant laws, as follows:

Article 26: Freedom to demonstrate is guaranteed. Any demonstration on public roads or in the open imposes on the organizers a duty to inform the relevant administrative authority in writing.

Article 27: Every Congolese has the right to address, individually or collectively, a petition to the public authority, which responds within three months.  No one can be subject to incrimination in any form for having taken such an initiative.

Article 39: The right to strike is recognized and guaranteed.  It is exercised in the conditions set by the law, which can forbid or limit its exercise in the areas of national defense and security or for any activity or any public service of vital interest for the nation.

Relevant national legislation and regulations governing Congolese civil society include the following:

• The decree of July 19, 1926, on organizations of public utility due to private initiative;
• The decree of March 24, 1956, on native cooperatives;
• The decree of November 26, 1959, on institutions of public utility;
• The law-decree of September 18, 1965 on non-profit associations;
• Decree-law No. 195 of January 29, 1999, issuing regulation of non-profit associations and organizations of public utility;
• Decree-Law No. 196 of January 29, 1999 on regulations for demonstrations and public meetings (French); and
• Decree-law No. 004 of July 20, 2001, issuing general arrangements applicable to non-profit associations and organizations of public utility.

This last law – Decree-law No. 004 –regulates the functioning of associations and NGOs in the Democratic Republic of the Congo today, including foreignNGOs.  The law, however, is not supported by implementing regulations.  Congolese NGOs have therefore requested that the government issuesuchregulations. Indeed, NGOs engaged in development complain that nobody is doing anythingto implement the law.

Other laws in the Democratic Republic of the Congo that may affect civil society include:

• The Congolese Civil Code, Book 3;
• Decree-law 196 (French) issuing regulations on demonstrations and public meetings, signed on 29/01/1999, published in the Official Journal of the Democratic Republic of the Congo, in its special edition of February 1999, p. 33;
• Law No. 001-2001 on Organization and Functioning of Political Parties and Groups of May 17, 2001;
• Law No. 06/018 Of July 20, 2006, Amending And Supplementing The Decree Of January 30, 1940, Issuing Congolese Penal Code;
• Law No. 06/019 Of July 20, 2006, Amending And Supplementing The Decree Of August 06, 1959, Issuing Congolese Penal Procedure Code;
• Law No. 08/005 of June 10, 2008 (French) issuing public financing of political parties;
• Law No. 09/001 of January 10, 2009, Issuing Protection of Children;
• Law No. 08/011 of July 14, 2008, Issuing Protection of The Rights of Persons Living With HIV/Aids and Affected Persons; and
• Law on the Signing of Public Contracts of 2013.

Draft Law on the Organization of Public Demonstrations

As of July 2022, the draft Law on the Organization of Public Demonstrations has been passed in Parliament and only the signature by the President is remaining for it to be enacted.

Petition to Revise the Constitution

In October 2019, one Member of Parliament, Mr. Delly Sesenga, wrote a petition and began collecting signatures for submitting a document to request the initiation of revisions to the Constitutional framework to “correct the weaknesses of the Constitution, not to unravel the texts.”

Three Bills Threatening Civic Space

In May 2018, it was reported that three restrictive bills have been drafted that are threats to civic space: A Human Rights Defenders bill that will force any human rights defender or those working on human rights to register with authorities; an NGO bill similar to other restrictive NGO bills around the world; and a counterterrorism financing bill that also targets civil society (there are reports of groups facing “de-risking” as well). There are no reports of recent developments on these bills.

We are unaware of other pending legislative/regulatory initiatives affecting NGOs.  Please help keep us informed; if you are aware of pending initiatives, write to ICNL at ngomonitor@icnl.org.

Under Congolese law, the legal form is the non-profit making organization, which is governed by Decree-law No. 004 of July 20, 2001. Under Decree-law No. 004, the non-profit making organization is one that does not engage in industrial or commercial operations, even incidentally, and does not seek to procure material gain for its members. (Article 1)  The types of non-profit making organizations include (1) a cultural, social, educational or economic organization; (2) a non-governmental organization (ONG by abbreviation); and (3) a denominational organization. (Article 2)

“Organizations of Public Interest” work not for material gain but only for philanthropic, scientific, artistic or educational purposes. (Article 58) Any person wishing to create an Organization of Public Interest must inform the Minister in charge of the sector of specific activities through a declaration. (Article 60) At least half of the administrators must be of Congolese nationality. (Article 62(3)) Within one year the Minister of Justice may grant legal personality to the Organization of Public Interest, following approval by the sectoral ministry. (Article 63)

According to Article 39, “[t]he State grants to non-governmental organizations certain administrative and tax terms, especially:

1. Tax exemptions established by the legislation in effect;
2. Relief from import duties for goods and equipment connected to their mission;
3. Help in obtaining residence permits for foreigners and their families;
4. The right to use radio equipment and frequency;
5. Simplified clearance procedures at the Congolese Customs Office.”

The granting of terms of an administrative, technical, and financial nature is authorized through an inter-ministerial order of the Ministry of Planning and Finance after prior approval from the relevant ministers concerned. (Article 39)

Organizations of Public Interest obtain the same benefits. (Article 67)

In DRC, there is no clear framework law that protects and institutionalizes civic participation. Although the Constitution guarantees the participation of citizens in the management of public affairs through freedom of expression (Article 23), freedom of association (Article 25), freedom of demonstration (Article 26), and the forming of petitions (Article 27), there are no institutionalized procedures or mechanisms for public awareness, consultations, citizen engagement, or decision-making hearings. In addition, the DRC does not have any law on access to information that would promote increased civic participation. One exception relates to specific laws and regulations that promote consultation and participation of citizens and communities in the context of decision making that affects environmental protection and natural resources:

• Law No. 11/009 of July 9, 2011 on fundamental principles relating to environmental protection and its implementing measures, which requires public consultation for any project having an impact on the environment;
• The revised 2018 Mining Code and its implementing measures, which require consultation of local communities in the process of preparing Environmental and Social Impact Assessments (ESIAs).
• Law No. 011/2002 of August 29, 2002 on the Forest Code; and
• Law No. 15/012 of August 1, 2015 on the general regime for hydrocarbons (Hydrocarbons Code), which provides for a public consultation and preliminary investigation before proceeding to grant any land concession.

At the same time, however, DRC citizens are often unaware of these laws and regulations because the government makes little effort to publicize them.

Notably, there are no laws in the DRC that protect people with disabilities, LGBTI people, or the elderly. Existing laws intended to protect indigenous peoples and women are also not enforced. Moreover, restrictions are often imposed on CSOs, activists, or whistle-blowers engaging in advocacy on issues related to government officials’ embezzlement or corruption. CSOs and citizens who engage in advocacy on other sensitive issues, such as those related to extractive resources, management of public finances, or electoral processes have been bullied and arrested. As a result, several CSOs issued a press release in July 2020 condemning government “threats and other acts of intimidation, the sole objective of which is to silence citizen structures that are committed to good governance and respect for human rights.”

Establishment Requirements

The minimum number of “staff members working for the non-profit making organization cannot be less than seven.” (Article 6) The articles of association cannot contain any provisions “which are against the law, morality or public order.” (Article 7)

Registration Procedures

Organizations seeking registration must undergo a two-tiered process, with legal personality granted by the Minister of Justice after a favorable opinion is received from the ministry responsible for the sector in which the organization is engaged. (Article 3)

The request for legal personality must be supported by documentation, including a list of all staff members; a declaration signed by all staff members; the articles of association; certificates of good conduct and morals for all staff members with administration or management of the organization; and a statement regarding the anticipated resources. (Article 4) In order to be registered with the Minister who has jurisdiction of the areas where the specified activity will take place, the organization must (1) conform to the provisions set out under Article 4; (2) be driven by humanitarian concerns; and (3) define within the articles the chosen areas of intervention within the national framework for economic, social and cultural development. (Article 36)

Requirements Applicable to Foreign Organizations

No foreign organization can exercise its activities in the Democratic Republic of the Congo without the authorization of the President of the Republic given by decree and supported by the Minister of Justice. (Article 30) The request of authorization is sent to the Minster of Justice only after the foreign organization has received approval from the Minister with jurisdiction over the area where the activities are to be conducted. In short, foreign organizations require approval from three governmental authorities, including the President, in order to operate in the Congo.

Decree-law No. 004 places certain duties on non-governmental organizations, including the obligation to:

• “take part in the notion and implementation of the basic policy of development” and “conform to the government’s stance on development when they intervene.” (Article 41)
• “encourage the voluntary involvement of the core communities in defining and implementing development action plans which concern them.” (Article 43)
• “inform the Minister of Planning about their development activities, projects for implementation and the financial resources they have raised in order to carry out these activities.” (Article 44)
• “send their report on activities to the Minister of Planning who has jurisdiction over the area in which they are conducting their activities, for a physical evaluation.” (Article 45)
• “work on a technical basis with the Minister of Planning and with the Ministers responsible for the specific area of intervention.” (Article 45)

In addition, in practice, certain organizations may be closely guided by one political movement or another. Certain political actors, including members of political parties, simultaneously lead certain non-profit associations. This situation creates difficulties in the practical life of organizations in Congo.

In December 2015, in Goma, the mayor suspended the CSO called LUCHA for lacking the correct legal administrative documents and operating in “total illegality” even though Congolese law permits people to peacefully protest without being registered. Activists from LUCHA had protested government massacres in the Beni region of the country and intended to deliver food to political prisoners.

Regarding foreign organizations, Article 37 of Decree-law No. 004 requires them to:

• have representation in the Democratic Republic of Congo;
• conclude a framework agreement with the Ministry in charge of planning for the area;
• produce a statement of good conduct and moral character for the expatriate staff  by the Embassy or Consulate of the
• Democratic Republic of Congo in the country where the organization has its headquarters; and
• employ staff that consists of at least 60% local persons.

In addition, foreign non-governmental organizations must “guarantee the training and promotion of nationals within the framework of their program with a view to favor the nationals being put in charge of projects.” (Article 42)

Lastly, government officials often restrict CSOs’ operations, by impeding peaceful demonstrations and public assemblies (see below), by imposing media shutdowns, and by threatening or arresting pro-democracy activists, journalists, and human rights defenders.

Barriers to International Contact

Congolese law does not impede organizations from contacting or working in partnership with foreign organizations or affiliating with any networks, including through the Internet.

There are no legal barriers on the ability to seek and secure resources. About 75% of organizations in Congo receive funding from foreign sources.

There are no legal barriers on the ability of a non-profit association to criticize the government or to defend unpopular causes. In practice, however, certain government officials have expressed concern that such criticism constitutes an obstacle to government policies. There have also been reports of arrests or “disappearances” of journalists who are associated with the political opposition since early 2014. For example, in March 2014, the president of the Congo National Railway Company (SNCC) was arrested for leading a strike, despite the Constitutional protections for his action. In July 2014, another journalist was imprisoned for alleging that a Cardinal “sold out” to the “corrupt” government.

More recently, in August 2021, Joel Musavuli and his wife were killed by unidentified men at their home. Musavuli had been one of nine journalists living in hiding since late 2019 because of threats made against them. In addition, one month earlier, Dosta Lutula, the presenter of a programme on privately-owned Canal Kin Télévision, was beaten when he tried to interview members of the public about a government decision to restrict the number of people who can travel in a taxi or bus in Kinshasa as a COVID-19 prevention measure. Supporters of the ruling Union for Democracy and Social Progress (UDPS) accused him of “insulting the president,” inflicted an injury to his head, and took him to a local police station, where he was held overnight.

Decree-law 196 of 1999 governs the holding of demonstrations and public meetings.

Request for Permission

According to Article 3 of Decree-law 196, to organize a public demonstration in Congo, it is necessary first to send a letter requesting authorization to the relevant authority, stating the nature of the demonstration and the route that the demonstrators will take. According to Article 6, the government must provide authorization within 3 to 5 days. Typically, assemblies and meetings using public roads require 3 days to process, while assemblies and meetings elsewhere in the public domain require 5 days. Decree-law 196 does not provide any recourse for organizers in case of the refusal of a request for a public assembly or meeting.

Responsibilities of Organizers and Participants

According to Article 258 of the Congolese Civil Code, Book 3, the organizers of demonstrations and public meetings are required to ensure the peaceful nature of their activity. According to Article 10 of Decree-law 196, participants in a public demonstration have the duty to follow the directives of the organizers concerning the route, time, and peaceful nature of the demonstration.  They also have an obligation to respect scrupulously public and private property, as well as the freedom of others, in accordance with the laws in force in the Congo.

Enforcement

In practice, the state forbids demonstrations that seek to address sensitive issues. For example, some political demonstrations requested by an opposition party were refused on the grounds of public safety. In addition, demonstrations are often forbidden when their content is deemed to have a ‘provocative’ or ‘subversive’ nature or pose a threat to the ruling party’s hold on power. In 2014, when some cities, such as Kinshasa, Goma and Bukavu, held demonstrations to challenge the revision of the electoral law, the government cut the signal of some of the opposition’s television channels, including the station of the Catholic Church, which belonged to a leader of the opposition. Also, in March 2015, Congo’s national intelligence agency (Agence Nationale de Renseignements, ANR) arrested about 30 pro-democracy activists in Kinshasa following a workshop to promote responsible youth engagement in the democratic process.

Excessive Force

In certain cases, the state has used excessive force to disperse demonstrators with recourse to live ammunition, instead of rubber bullets, and excessive tear gas, instead of water. In addition, there are different standards applied to freedom of assembly by the local authorities and security forces depending on the political affiliation of those organizing the protests and the region where they operate. For example, in September 2015, in Kinshasa, former MP Vano Kiboko was sentenced to three years’ imprisonment for “inciting tribal hatred and spreading false rumors” after he denounced the security force’s shooting of a woman engaged in a non-violent protest. That same month, in Goma, North Kivu province, four members of the movement for change, Struggle (Lucha), were sentenced to six months’ imprisonment for “inciting civil disobedience”. The United Nations found that between January 1, 2017 and January 31, 2018 at least 47 people, including women and children, were killed “in the context of demonstrations and there are indications that Congolese security services have attempted to cover up these serious human rights violations by removing the bodies of victims and obstructing the work of national and international observers.”

Criminal Sanctions

Article 9 of Decree-law 196 states: “Any person who shall have organized demonstrations or public meetings in violation of the stipulation of Article 4 of this Decree-Law will be subject to a fine of 3,000 to 5,000 Congolese francs and a prison sentence of 1 to 3 months or only one of these penalties, without prejudice to civil convictions for possible damage caused by the participants in the incriminated demonstration or meeting.” Article 10 of Decree-law 196 stipulates: “All illegal acts committed during demonstrations or public meetings are punished in accordance with the penal law.”

Bans

In 2016, the Mayor of Lubumbashi and the Special Commissioner of the National Government in the Province of Tanganyika issued a decree banning all public demonstrations involving NGOs or political parties.

Disillusion and concern for human rights defenders and civil society in DRC (August 2024)
Following President Félix Tshisekedi’s accession to a second term of office at the end of December 2023, and despite the promises made since the start of his presidency in 2019, the situation of human rights defenders and civil society in the DRC continues to deteriorate. A report published by the Observatory for the Protection of Human Rights Defenders (FIDH-OMCT), together with several Congolese organisations, provides an alarming overview of the situation. It also recommends several solutions that would enable the DRC to finally get out of the rut. Civic space must be opened up, and the protection of all civil society actors must be guaranteed.

Authorities in northwest DRC urged to safeguard press freedom after attacks on journalists (February 2024)
Reporters Without Borders (RSF) calls on the authorities in Équateur province, in the northwestern Democratic Republic of Congo (DRC), to pursue the dialogue initiated with the media after a series of press freedom violations and attacks on journalists, and to allow media personnel to work freely without fear of reprisals. The dialogue began on February 17, when Équateur governor Bobo Boloko Bolumbu invited journalists to his home in the provincial capital Mbandaka. His aim was to reconcile with journalists after Mbandaka’s journalists stopped covering the governor’s activities in response to major press freedom violations in the preceding days.

Calls Mount in DR Congo to Scrap Emergency Measures in East (August 2023)
Political figures and members of civil society called for the authorities to scrap emergency measures in two eastern provinces plagued by armed groups. North Kivu and Ituri provinces have been under a “state of siege” since May 2021 under a government initiative aimed at fast-tracking security measures against the armed groups. Under it, senior civilian officials have been widely replaced by military or police officers.

Protesters in Goma reject east Congo ceasefire agreement (November 2022)
Hundreds marched in the eastern city of Goma to protest against an agreement between African leaders to stop attacks by M23 rebels, claiming it does not tackle Rwanda’s alleged backing of the group. The Tutsi-led M23 group is waging its most serious offensive in eastern Congo since 2012, further destabilising an area where armed groups have wrangled over land and resources for decades.

Congo to reassess U.N. withdrawal plan after deadly protests (August 2022)
Democratic Republic of Congo’s government will re-evaluate the withdrawal plan of the United Nations peacekeeping mission after deadly anti-U.N. protests. The U.N. peacekeeping mission, known as MONUSCO, said that it supports the government’s decision and is also ready to reassess its withdrawal plan, which currently has it staying for at least two more years. Thirty-six people, including four U.N. peacekeepers, were killed during violent demonstrations in the country’s east.

AU calls for an investigation into murder of DRC journalist Joel Musavuli (August 2021)

TV reporter attacked in DRC during street interviews about Covid restrictions (July 2021)

DR Congo’s fragile detente ‘could yet unravel’ (October 2020)

“We want to correct the weaknesses of the Constitution, not to unravel the texts” (October 2019)

Congo cuts internet for second day to avert ‘chaos’ before poll results (January 2019)

UN report finds 47 protestors killed, freedom of assembly curtailed by use of force (March 2018)

Congo cuts internet for second day to avert ‘chaos’ before poll results (January 2018)

Congo’s Kabila and the Dictator’s Dilemma (April 2017)

Congo authorities block opposition demonstration (November 2016)

Two Killed in Anti-government Protest in Eastern Congo (August 2016)

DRC expels US researcher for being part of an NGO that is “not properly registered” (April 2016)

Halt Crackdown on Peaceful Assembly (December 2015)

AFEX condemns arrest of journalists covering civil society event in DRC (July 2015)

Protesters Describe Beatings, Water Torture in Goma Crackdown (April 2015)

Pastor seeks help freeing brother in Congo (January 2015)