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Congo (the)

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Governance & legal system

International and regional organisations

African Union (joined in 1963). The African Union has various decision-making institutions, among which: the Assembly of Heads of State and Government, the Executive Council, the Permanent Representatives Committee, the Peace and Security Council, the African Union Commission and the Pan-African Parliament. The African Union aims to further the development of the member states through collaboration and solidarity. This entails promotion of peace, economic development, human rights and democracy. The Specialised Technical Committee on Migration, Refugees and Internally Displaced Persons is a crucial instrument of the African Union to ensure protection and assistance to these key populations.

 

The Economic Community of Central African States (ECCAS) (joined in 1966). Its main institutions are the Conference of Heads of State and Government and the Council of Ministers. Its executive body since the institutional reform of 2019 is the Commission. ECCAS has defined several missions, including guaranteeing peace and security within the region through political cooperation; economic and financial integration through the establishment of a common market and the free movement of goods, capital and services within the regiona ; physical integration through the development of infrastructure and land-use planning, such as road, rail, air and sea links, to create a common space and promote the free movement of people, goods and services; and social and human development integration to eliminate poverty in all its forms.

 

The African and Malagasy Council for Higher Education (CAMES) (joined in 1968). Its supreme body is the Council of Ministers, which meets once a year in ordinary session. Its executive body is the General Secretariat, whose Secretary General is appointed by the Council of Ministers. CAMES aims to promote cooperation in research and higher education between member states, notably through a system of diploma equivalence.

 

Economic and Monetary Community of Central Africa (CEMAC) (joined in 1999). CEMAC was created to promote economic integration, notably through the creation of a common market favoring the free circulation of people, goods and capital, and the existence of a common currency. CEMAC also aims to support development and peace in the region. CEMAC is made up of a number of bodies and institutions, four of which have decision-making powers: the Conference of Heads of State, the Council of Ministers of the Central African Economic Union, the Ministerial Committee of the Central African Monetary Union, and the Commission.

International law

The monist system is the adopted system for application of international law. In Article 223 of the Constitution, it is stated that international treaties and agreements are superior to domestic law as soon as their publication in the government gazette Journal Officiel, subject to the application of the treaty by the other party.

Furthermore, if the Constitutional Court deems that there is a contradiction between an international text and the Constitution, the Constitution must first be revised before the international text can be ratified or approved (Article 222).

The President of the Republic is the person who negotiates, signs and ratifies treaties. However, in certain cases, the President must obtain prior authorization from Parliament before ratifying an international treaty (article 217, Constitution). This is the case for peace treaties, defense treaties, trade treaties, treaties relating to natural resources or agreements relating to international organizations, those involving the State's finances, those amending provisions of a legislative nature, those relating to the status of persons, and those involving the transfer, exchange or addition of territory. Moreover, if a treaty does not require ratification, the President of the Republic and the Presidents of the two chambers of Parliament must be informed of any negotiations leading to the conclusion of such an agreement (article 218).

Revision of the Constitution may be initiated by the President of the Republic or members of Parliament (Article 240, Constitution). The revision is adopted either by referendum convened by the President of the Republic; or by a three-quarters majority of the National Assembly and Senate meeting in Congress (Article 241, Constitution).

Government system

The Republic of Congo has a unitary system. Article 1 of the Constitution states that “The Republic of Congo is a sovereign, unitary and indivisible state governed by the rule of law, decentralized, secular and democratic.”

 The executive power is embodied by the President and the Government. 

The President is elected by direct universal suffrage for a five-year term, renewable twice (articles 65 and 67 of the Constitution). He is the guarantor of national independence, territorial integrity, national sovereignty and compliance with the Constitution and international treaties and agreements (article 64 of the Constitution). He is also supreme commander of the armed forces (article 90 of the Constitution) and is also responsible for determining the nation's foreign and defence policy (article 64).

The Prime Minister is appointed by the President of the Republic and only the President of the Republic can terminate his functions. The ministers making up the government are proposed by the Prime Minister but appointed by the President (article 83 of the Constitution). The Prime Minister is head of government and determines the nation's economic and social policy, together with the President (article 99).

The legislative branch is made up of the National Assembly and the Senate, which together form Parliament (article 107, Constitution). 

Parliament passes laws and supervises the Government’s action (Article 107 of the Constitution). The right to initiate legislation is shared between the Government and the members of Parliament (Article 143 of the Constitution). Bills are deliberated by the Council of Ministers, led by the President of the Republic. Bills are then forwarded to one or other chamber of Parliament, after receiving the opinion of the Supreme Court (Article 144, Constitution).  They must then be examined by the second chamber. In the event of disagreement between the two chambers on a bill, the Prime Minister may propose that a joint committee be convened to propose a text on the provisions on which there is disagreement. This text must then be voted on by both chambers (Article 150 of the Constitution). 

Members of the National Assembly are elected by direct universal suffrage for a five-year term. They are eligible for re-election (Articles 128 and 129 of the Constitution).

Senators are elected by indirect universal suffrage by departmental and municipal councillors for a six-year term. They may be re-elected (Articles 133 and 134 of the Constitution).

The judiciary power is held by the Supreme Court, Courts of Appeal, and other national jurisdictions such as the High Courts, Administrative Tribunals, Labor Courts, Commercial Courts, and Magistrate Courts (article 166). The judiciary power is independent from the executive and legislative powers (article 168).

The organization of the judiciary is detailed in point 6.

The Republic of Congo is also a decentralized state, with the department and commune as its local authorities (article 208, Constitution). There are 12 departments, of which two, Brazzaville and Pointe-Noire, are municipalities of departmental rank. Local authorities have elected councils that administer them freely (article 209, Constitution). Local authority responsibilities include departmental planning, development and management; urban planning and housing; pre-school, primary and secondary education; basic health, social action and civil protection; the environment, tourism and leisure; trade and crafts; transport (article 210, Constitution).

Legal system

The Republic of Congo follows a civil legal system, mainly inherited from the French colonial period. The law is codified and judicial decisions do not have binding force. The supreme law is the Constitution and it is one of the sources of law, along with legislation, international treaties and agreements, and to some extent customary law and judicial decisions and juristic writings.

Judicial system

The Constitutional Court is the country's highest court of constitutional law (article 175). Its primary mission is to verify the constitutionality of laws and international texts. It also ensures the regularity of the country's various elections (article 176). The Constitutional Court is made up of nine members, three of whom are appointed by the President of the Republic; two by the President of the Senate; two by the President of the National Assembly; and two by the Supreme Court from among its members (article 182). The term of office of members of the Constitutional Court is four years, renewable twice (article 186).

The High Court of Justice has sole jurisdiction to judge the President of the Republic for any breach of his duties during the exercise of his functions (article 192). It is made up of deputies, senators and members of the Supreme Court, all elected by their peers (article 191).

Under Law no. 022-92 of August 20, 1992 on the Organization of the Judiciary in the Republic of Congo, the Supreme Court is the country's highest court (article 5). It has jurisdictional control over all other national courts.

Lower-ranking courts include the Tribunaux de Grande Instance, for ordinary matters; the Tribunaux de Commerce, for commercial matters; the Tribunaux Administratifs, for administrative law; and the Tribunaux Militaires, for military matters. 

The law does not recognize traditional justice mechanisms. However, they do exist, forming a system of justice parallel to the official courts. Customary courts handle a wide range of cases, both personal status and criminal. In some cases, the customary court may refer litigants to the official courts if it deems that the case does not fall within its jurisdiction. Even if the law does not recognize these mechanisms, the State acknowledges their existence and allocates them a budget.

Institutional framework

In 1999, Décret No. 99-310 du 1999, Création, Attributions, Organisation et Fonctionnement du Comité National d'Assistance aux Réfugiés created the Comité National d'Assistance aux Réfugiés (CNAR), Congo's reference institution for refugee affairs. 

Its missions include: monitoring and controlling refugee activities; facilitating the education, settlement, resettlement, integration or repatriation of refugees; ensuring the application of government policies and international conventions relating to refugees; examining applications for recognition of refugee status and requests for asylum. 

The composition of the CNAR reflects the multitude of its functions, since it is made up of the Minister of Foreign Affairs; the Minister of the Interior; the Minister of Humanitarian Action; a representative of the Presidency of the Republic; a representative of the Ministry of Justice; a representative of the Ministry of Finance; a representative of the Ministry of the Interior; a representative of the Ministry of Education; a representative of the Ministry of Health; a representative of the Ministry of Humanitarian Action, among others.

In 2001, Arrêté No. 8041 du 2001, Création, Organisation, Attribution et Fonctionnement de la Commission d'Éligibilité au Statut de Refugie created an eligibility commission for refugee status. It is placed under the supervision of the CNAR. Its missions include ensuring the legal and administrative protection of refugees; overseeing the application of international and regional conventions relating to refugee status; examining applications for refugee status; taking decisions on any urgent situation relating to refugees or asylum seekers in the Republic of Congo; deciding on the loss of refugee status; advising on the execution of any expulsion or extradition order concerning a refugee or asylum seeker; to examine requests for resettlement, and in the event of a favorable decision, to take all necessary steps to facilitate the reception of refugees or asylum seekers; to study and propose to the competent authorities any measure likely to improve asylum application procedures in the Republic of the Congo; and to raise public awareness, both nationally and internationally, of the rights and duties of refugees and asylum seekers in the Republic of the Congo. 

Structural problems were noted with regard to the CNAR in the National Social Action Policy. It was commented that the CNAR did not play its role to the fullest, particularly in the area of social assistance, due to the scattered and infrequent nature of its meetings.In 1999, Décret No. 99-310 du 1999, Création, Attributions, Organisation et Fonctionnement du Comité National d'Assistance aux Réfugiés created the Comité National d'Assistance aux Réfugiés (CNAR), Congo's reference institution for refugee affairs. 

Its missions include: monitoring and controlling refugee activities; facilitating the education, settlement, resettlement, integration or repatriation of refugees; ensuring the application of government policies and international conventions relating to refugees; examining applications for recognition of refugee status and requests for asylum. 

The composition of the CNAR reflects the multitude of its functions, since it is made up of the Minister of Foreign Affairs; the Minister of the Interior; the Minister of Humanitarian Action; a representative of the Presidency of the Republic; a representative of the Ministry of Justice; a representative of the Ministry of Finance; a representative of the Ministry of the Interior; a representative of the Ministry of Education; a representative of the Ministry of Health; a representative of the Ministry of Humanitarian Action, among others.

In 2001, Arrêté No. 8041 du 2001, Création, Organisation, Attribution et Fonctionnement de la Commission d'Éligibilité au Statut de Refugie created an eligibility commission for refugee status. It is placed under the supervision of the CNAR. Its missions include ensuring the legal and administrative protection of refugees; overseeing the application of international and regional conventions relating to refugee status; examining applications for refugee status; taking decisions on any urgent situation relating to refugees or asylum seekers in the Republic of Congo; deciding on the loss of refugee status; advising on the execution of any expulsion or extradition order concerning a refugee or asylum seeker; to examine requests for resettlement, and in the event of a favorable decision, to take all necessary steps to facilitate the reception of refugees or asylum seekers; to study and propose to the competent authorities any measure likely to improve asylum application procedures in the Republic of the Congo; and to raise public awareness, both nationally and internationally, of the rights and duties of refugees and asylum seekers in the Republic of the Congo. 

Structural problems were noted with regard to the CNAR in the National Social Action Policy. It was commented that the CNAR did not play its role to the full, particularly in the area of social assistance, due to the scattered and infrequent nature of its meetings.

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