Date of publication:
07/07/2025
Democratic Republic of the Congo (the)
Please describe the system for the application of international law in the state.
The monist system is the adopted system for application of international law. In Article 215 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.
However, certain treaties (peace treaties, trade treaties, treaties and agreements relating to international organizations and the settlement of international disputes, those involving public finances, those amending legislative provisions, those relating to the status of persons, those involving the exchange and addition of territory) can only be ratified or approved by virtue of a domestic law (Article 214). Domestication of international law is therefore necessary in certain cases.
Furthermore, in the event that 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 216). International treaties and agreements are negotiated and ratified by the President of the Republic. However, if an international agreement or treaty does not require ratification, it may be concluded by the government after deliberation by the Council of Ministers (Article 213 of the Constitution).
Revision of the Constitution (Article 218) may be initiated by the President of the Republic; by the Government after deliberation by the Council of Ministers; by each of the Houses of Parliament (with the agreement of half its members); or by a petition from 100,000 members of the Congolese people. The revision is adopted either by referendum convened by the President of the Republic; or by a three-fifths majority of the National Assembly and Senate meeting in Congress.