DRC: Party registration

Updated September 2006

The registration of political parties in the DRC is governed by Law No 04/002 of 15 March 2004, Concerning the Organisation and Operation of Political Parties ("Law 04/002 2004"). The law guarantees political pluralism and outlaws the establishment of a one-party State (Law 04/002 2004, 1, 10). Parties are defined as "an association of the natural persons of Congolese nationality sharing the same ideology and the same social programme, with a view to obtaining and exercising the State power democratically and peacefully"; parties participate in elections, in the formation of the national consciousness and in civic education (Law 04/002 2004, 2).

Freedom to organise and act is guaranteed, within the bounds established by the Constitution, the law and the requirements of public order and social morality; parties are expected to respect the principles of democratic pluralism and of national sovereignty and unity (Law 04/002 2004, 3). Parties have the right to equal treatment by the State, public services and by holders of public office; civil and military authorities must extend assistance and protection to them when they need it (Law 04/002 2004, 4).

All Congolese over the age of 18 have the right to join or leave any political party they wish, with the exception of magistrates, members of the security forces and civil servants, while traditional authorities may neither form nor join a political party (Law 04/002 2004, 8). On the other hand the exercise of political rights is in no way conditioned on political party affiliation (Law 04/002 2004, 9).

Terms of party formation

Parties are obliged to have a national character and may not reflect the special interests of a particular family, clan, tribe, ethnic group, province, sub-area of the country, race, religion, language, gender or other origin, or discriminate on these grounds (Law 04/002 2004, 5 a)). They must further (Law 04/002 2004, 5 b)-e)):

  • Respect the principle of change of power by way of the free choice of the people.
  • Consolidate national unity.
  • Preserve the sovereignty of the Congolese State.
  • Respect the republican, democratic, social, secular and indivisible character of the Congolese State.
  • Commit themselves to the promotion of democracy in their own party, to human rights and fundamental freedoms, They must refrain from the use of violence or force as a mean of expression, of political action and of access to or maintenance of power.

Political parties are forbidden, on pain of dissolution, to take on a military or paramilitary character (Law 04/002 2004, 6). The leader of a political party who violates this provision is liable to prosecution in terms of the security laws (Law 04/002 2004, 30).

Registration application requirements

The founding members of a political party must (Law 04/002 2004, 11):

  • Be Congolese nationals;
  • Be at least 25 years old;
  • Be in possession of civil and political rights;
  • Have good physical and mental health and of a virtuous life and good morals;
  • Be a university graduate or have equivalent training have recognised professional or political experience;
  • Be domiciled in the DRC; and
  • Not have been sentenced to imprisonment unless amnesty and judicial rehabilitation has been granted.

Application for the registration of a party is made by the founding members to the Minister of Home Affairs and must include three copies of (Law 04/002 2004, 12):

  • A registration application signed by at least three founding members who have been mandated to do so by their peers;
  • the party constitution signed by at least one founding member of the political party per province as well as the adoption resolution of the founding assembly of the party;
  • the party social vision and programme;
  • a declaration related to the assets and to the revenue sources envisaged by the party for realising its objectives;
  • a non-refundable administrative fee determined by the Cabinet;
  • the files of each founding member, containing the following:
    • a curriculum vitae certified as true;
    • a birth certificate and a passport photo;
    • a nationality certificate;
    • a medical certificate dated no older than three months, issued by three State or certified doctors;
    • a certificate of good behaviour, lifestyle and morals no older than three months;
    • a criminal record no older than three months; and
    • a certificate of residence issued by the relevant local administrative authority.
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Reference

LAW 04/002 of MARCH 15, 2004, Concerning the Organisation and Operation of Political Parties
Loi No 04/002 du 15 Mars 2004 portant organisation et fonctionnement des partis politiques, [www] http://www.cei-rdc.cd/loiparti.pdf [PDF document, opens new window].