CEDAW\/C\/COG\/1-5
\n________________________________________
\nConsideration of reports submitted by States parties under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women<\/p>\n
Initial, second, third, fourth and fifth periodic report of States parties<\/p>\n
Republic of Congo<\/p>\n
Extract:<\/p>\n
In the Republic of the Congo, nationality is governed by Act No. 35-61 of 20 June 1961 setting forth the Congolese Nationality Code, as well as by constitutional rules. The Constitution of 12 March 1992 provides in its article 31 that \u201cevery citizen shall have the right to Congolese nationality and may not be arbitrarily deprived thereof or of the right to change his nationality\u201d.<\/p>\n
According to article 54 of the Basic Act of 24 October 1997, nationality falls within the purview of the law.<\/p>\n
Article 1 of Act No. 35-61 of 20 June 1961 defines nationality as the legal link that attaches individuals to the State. It is independent from civil rights and civil status, which are defined by special laws enacted for that purpose.\u00a0 Article 2 provides that the present Act determines those individuals that shall have Congolese nationality at birth. The concept \u201cindividual\u201d being understood to cover both sexes, the Act does not appear to contain any discrimination as to gender.<\/p>\n
After the individual\u2019s birth, Congolese nationality may be acquired or forfeited in application of the Act or pursuant to a decision of the public authorities.\u00a0 The Act acknowledges the supremacy of international treaties by providing as follows in its article 5: \u201cProvisions relating to nationality contained in duly ratified and published international treaties or agreements shall apply even if they are contrary to the provisions of Congolese domestic law\u201d.<\/p>\n
The Act distinguishes between the attribution of nationality at birth (\u201cnationality of origin\u201d) and the acquisition of nationality.<\/p>\n
Section II<\/p>\n
1. Attribution of nationality<\/p>\n
Congolese nationality is attributed, without discrimination as to sex, to a child born in the Congo<\/p>\n
–\u00a0 Of a Congolese father and a Congolese mother;
\n–\u00a0 Of a father born in the Congo and a Congolese mother;
\n–\u00a0 Of a father and a mother who themselves were born in the Congo.<\/p>\n
2. Acquisition of Congolese nationality<\/p>\n
Congolese nationality is acquired by virtue of one of the following:<\/p>\n
–\u00a0 Marriage;
\n–\u00a0 Residence;
\n–\u00a0 Decision of the public authorities.<\/p>\n
A.\u00a0 Acquisition by marriage<\/p>\n
Acquisition of Congolese nationality by marriage concerns foreign women who marry a Congolese national. Such women acquire Congolese nationality after five years\u2019 joint residence in the Congo counting from the date of registration of the marriage. Until the expiry of that period, the wife may decline the status of a Congolese citizen under the conditions provided in articles 57 ff. of the Act.<\/p>\n
The Act does not specify the status of a Congolese woman who marries a foreigner. In practice, it is established that such women retain their nationality of origin.<\/p>\n
B.\u00a0 Acquisition through birth and residence in the Congo<\/p>\n
\u201cEvery individual born in the Congo of foreign parents shall acquire Congolese nationality on reaching majority age provided that he is resident in the Congo at that date and has been habitually resident in the Congo since the age of 16 years\u201d (article 20).<\/p>\n
C.\u00a0 Acquisition of Congolese nationality by a decision of the public authorities<\/p>\n
This is a matter of naturalization or recovery of previous nationality. Nationalization is granted by a decree following an investigation. No discrimination based on sex appears to exist in this context.<\/p>\n
II.\u00a0 Transmission of nationality to children<\/p>\n
A reading of Act No. 35-61 of 20 June 1961 setting forth the Congolese Nationality Code shows that men and women can transmit Congolese nationality to their children under the same conditions. Article 44 of the Act provides that \u201ca minor whose father or mother acquires Congolese nationality shall become a full Congolese citizen like the parents, provided that filiation has been established in accordance with article 12\u201d.<\/p>\n