TITLE I. OF THE GENERAL PROVISIONS
Chapter 1. Of the State and Sovereignty
Section 1. Of the State
Article 1
The Democratic Republic of the Congo is, within its frontiers of 30 June 1960, a State of Law, independent, sovereign, united and indivisible, social, democratic and secular.
Its emblem is the sky-blue flag decorated with a yellow star in the superior left corner and transversed on the bias by a red band finely outlined in yellow.
Its motto is “Justice-Paix-Travail” [Justice-Peace-Work]
Its coat of arms consists of the head of a leopard framed on the left and, to the right by, an ivory tusk and by a spear, all of which rest on a pier.
The national anthem is “Debout Congolais!” [Arise Congolese!]
Its currency is “le Franc congolais” [the Congolese Franc]
Its official language is French.
The national languages are Kikongo, Lingala, Swahili and Tshiluba. The State assures their promotion without discrimination.
The other languages of the country are made part of the Congolese cultural patrimony of which the State assures the protection.
Article 2
The Democratic Republic of the Congo is composed of the City of Kinshasa and of 25 Provinces endowed with juridical personality.
These Provinces are: Bas-Uele, Equateur, Haut-Lomami, Haut-Katanga, Haut-Uele, Ituri, Kasai, Kasai Oriental, Kongo central, Kwango, Kwilu, Lomami, Lualaba, Kisai Central, Mai-Ndombe, Maniema, Mongala, Nord-Kivu, Nord-Ubangi, Sankuru, Sud Kivu, Sud Ubangi, Tanganyika, Tshopo, Tshuapa.
Kinshasa is the capital of the country and the seat of the national institutions. It has the status of a Province. The capital may only be transferred to another place in the country by way of referendum.
The division of competences between the State and the Provinces is effected conforming to the provisions of Title III of this Constitution.
The boundaries of the Provinces and those of City of Kinshasa are established by an organic law.
Article 3
The Provinces and the decentralized territorial entities of the Democratic Republic of the Congo are endowed with juridical personality and are administered by the local organs.
These decentralized territorial entities are the city, the commune, the sector and the chefferie [head man’s district]
They enjoy free administration autonomy of management of their economic, human, financial and technical resources.
The composition, the organization [and] the functioning of these decentralized territorial entities as well as their relations with the State and the Provinces are established by an organic law.
Article 4
New Provinces and territorial entities may be created by division or by reorganization under the conditions specified by the Constitution and by the law.
Section 2. Of Sovereignty
Article 5
National sovereignty belongs to the people. All power emanates from the people who exercise it directly by way of referendum or [by] elections and indirectly by their representatives.
No fraction of the people or any individual may arrogate its exercise.
The law establishes the conditions of organization of the elections and of the referendum. Suffrage is universal, equal and secret. It is direct or indirect.
Without prejudice to the provisions of Articles 72, 102 and 106 of this Constitution, all Congolese of both sexes, of eighteen years of age [at least], and enjoying their civil and political rights are electors and eligible, under the conditions determined by the law.
Article 6
Political pluralism is recognized in the Democratic Republic of the Congo.
All Congolese enjoying their civil and political rights have the right of creating a political party or to affiliate themselves to a political party of their choice.
The political parties participate in the expression of suffrage, in the reinforcement of the national conscience and of the civic education. They form and exercise their activities freely with respect for the law, for public order and for morality.
The political parties are held to the respect for the principles of pluralist democracy, of national unity and of national sovereignty.
The political parties may receive from the State public funds designated to finance their electoral campaigns or their activities, under the conditions defined by the law.
Article 7
No one may institute, in any form that may be, a sole party on all or part of the national territory.
The institution of a sole party constitutes an imprescriptible infraction of high treason punishable by the law.
Article 8
Political opposition is recognized in the Democratic Republic of the Congo. The rights connected to its existence, to its activities and to its struggle for the democratic conquest of power are sacred. They may not be subject to limits other than those imposed on all political parties and activities by this Constitution and the law.
An organic law establishes the status of the political opposition.
Article 9
The State exercises a permanent sovereignty notably over the soil, the subsoil, the waters and the forests, over the air, river, lakes and maritime spaces of the Congo as well as over the Congolese territorial sea and over the continental shelf.
The modalities of management and of concession of the domain of the State specified in the preceding paragraph are determined by the law.
Chapter 2. Of Nationality
Article 10
Congolese nationality is one and exclusive. It may not be held concurrently with any other.
The Congolese nationality is either of origin, or by individual acquisition.
Any person belonging to an ethnic group of which the members [personnes] and the territory are constituent to that which became the Congo (presently the Democratic Republic of the Congo) at independence, is Congolese of origin.
