CEDAW: State Report of the DRC, 2004

Published: 30/Nov/2004
Source: UN Committee on the Elimination of Discrimination against Women


Combined fourth and fifth periodic reports of States parties: Democratic Republic of the Congo

Legislation on nationality

Congolese nationality is currently governed by Decree-Law No. 197 of 29 January 1999, amending and supplementing Act No. 81-002 of 29 June 1981, which constitutes Volume I of the Family Code. It should be noted that the innovations introduced in Volume I of the Family Code have been retained.

– The new Act confirms the principle of the singleness and exclusivity of Congolese nationality.

– Article 5 of the new law enables women to transmit Congolese nationality through filiation in the same way as men, and is therefore in compliance with the terms of articles 2 and 3 of the Convention.

– The departure from the Convention concerns article 30, which provides for the loss of Congolese nationality following marriage to a foreign national, but only in the case of women. This conflicts with article 9 of the Convention, which requires States parties to grant women equal rights with men to acquire, change or retain their nationality.

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Themes: Discrimination, Gender
Regions: Central Africa, Democratic Republic of Congo
Year: 2004