Page 1 REPUBLIC OF CONGO * Unit * Work Progress CONSTITUTION THE REPUBLIC OF CONGO Page 2 The Government of National Union of Public hi accordance with findings of the National Forum for Reconciliation, Unity, Democracy and Reconstruction, planned; The Supreme Court, sitting in constitutional matters, examined; The National Transitional Council has deliberated and adopted; The Congolese people adopted by referendum 20 January 2002; The President of the Republic promulgates the Constitution which reads as follows: Constitution of 20 January 2002 Page 3 Preamble Following the accession of the Congo to the sovereign and independent state dignity, a turning point had been made, particularly by the crystallisation of collective hope in the future of the Nation. Experiences across different political regimes that are succeeded as well as those of other nations, led the Congolese people make the choice of pluralist democracy as the basis of values to guide the development of the country, boosting its moral, cultural and material and meet the demand for a collective social mieuxêtre. Also keen to work towards enriching the common universal heritage all democratic societies around the world and based on our own socio-cultural values in our country, We, the Congolese people, Proclaim our commitment to build a state of law and fraternal Nation and solidarity; Condemn the coup, the tyrannical exercise of power and the use of political violence in all its forms as a means of achieving power or preservation; Adhere to the universal values of peace, freedom, equality, justice, tolerance, honesty and virtues of dialogue, as cardinal references new political culture; Reaffirm the sanctity of human life, the right to property and the right to difference; Solemnly reaffirm our right to permanent sovereignty over inalienable all our wealth and our natural resources as a fundamental element our development; Declare an integral part of this Constitution the fundamental principles proclaimed and guaranteed by: The United Nations Charter on 24 October 1945 The Universal Declaration of Human Rights of 10 December 1948; The African Charter on Human and Peoples' Rights of 26 June 1981; All duly ratified human rights relevant international instruments Humans; The Charter of National Unity and the Charter of Rights and Freedoms adopted by the Sovereign National Conference on 29 May 1991, Ordain and establish, for the Congo, the present Constitution which sets out fundamental principles of the Republic, defines the rights and duties of citizens and fixed forms of organization and operating rules of the state. Page 4 TITLE I THE STATE AND SOVEREIGNTY ARTICLE 1 st : The Republic of Congo is a sovereign, indivisible, secular, social and democratic. Its capital is Brazzaville.
ARTICLE 2: The principle of the Republic: Government of the people by the people and for the people. ARTICLE 3: National sovereignty belongs to the people and exercised by universal suffrage through their elected representatives or by referendum. The exercise of sovereignty can not be the work of either a citizen or a fraction the people. ARTICLE 4: Suffrage is universal, direct or indirect, free, equal and secret. The mode of election, eligibility and incompatibilities are fixed by law. ARTICLE 5: The national emblem is the tricolor green, yellow, red. Rectangular in shape, it is composed of two right triangles of green and red, are separated by a yellow band diagonal green being the side of the shaft. The law specifies the dimensions, color tones and other details flag. ARTICLE 6: The national anthem is "Congolese". The motto of the Republic is "Unity, Work, Progress". The state seal and coat of arms of the Republic shall be determined by law. The official language is French. Vehicular national languages are Lingala and Kituba. TITLE II RIGHTS AND FUNDAMENTAL FREEDOMS ARTICLE 7: The human person is sacred and has the right to life. The state absolute obligation to respect and protect. Every citizen has the right to free development and fulfillment of his person in the rights of others, public order, morality and morality. ARTICLE 8: All citizens are equal before the law. Page 5 Any discrimination based on origin, social status or physical, racial, ethnic or county, sex, education, language, religion, philosophy and the place of residence, Subject to the provisions of Articles 58 and 96. The woman has the same rights as men. The law guarantees and ensures their Promotion and representation in all political, elective and administrative. ARTICLE 9: The freedom of the human person is inviolable. No one shall be arbitrarily accused, arrested or detained. Every defendant is presumed innocent until proven guilty established following a procedure guaranteeing the rights of the defense. Any act of torture, cruel, inhuman or degrading treatment is prohibited. ARTICLE 10: Any citizen or agent of the State is relieved of the duty of obedience when the order is a clear violation of human rights and civil liberties. An order from a superior officer or any authority can not in any cases, be used to justify these practices. Any individual or agent of the State, public authority that would guilty of torture or cruel, inhuman treatment or on its own initiative or on instructions shall be punished according to law. ARTICLE 11: The war crimes, crimes against humanity, crimes genocide are punishable under the conditions determined by law. They are imprescriptible. Any propaganda or incitement to ethnic hatred, violence or Civil war is a crime.
ARTICLE 12: Every citizen has the right, at any place, in recognition of its legal personality. ARTICLE 13: The Congolese citizenship is guaranteed by law. All Congolese have the right to change his nationality or to acquire a second. ARTICLE 14: The home is inviolable. It can be ordered in the search forms and conditions prescribed by law. ARTICLE 15: The right to asylum is granted to foreign nationals in conditions determined by law. ARTICLE 16: Everyone has the right to move freely throughout the national territory. He has the right to freely leave the country, if not the subject of criminal prosecution, and to return. ARTICLE 17: The right to property and the right of inheritance shall be guaranteed. No one shall be deprived of his possessions except in the public interest, with fair and prior compensation, as provided by law. ARTICLE 18: Freedom of religion and freedom of conscience is inviolable. Page 6 The use of religion for political purposes is prohibited. All manifestations of manipulation and indoctrination of conscience, all kinds of constraints imposed by any religious fanaticism, philosophical, political and sectarian are punishable by law. ARTICLE 19: Everyone has the right freely to express and disseminate his opinion by speech, writing, image, or any other means of communication. Freedom of information and communication is guaranteed. Censorship is prohibited. Access to sources of information is free. Every citizen has the right to information and communication. Activities relating to these areas shall be exercised in accordance with the law. ARTICLE 20: The secrecy of correspondence, telecommunications or any other form of communication can not be violated except in cases provided for by law. ARTICLE 21: The State recognizes and guarantees, under conditions laid down by law, freedom to come and go, of association, of assembly, of procession and of demonstration. ARTICLE 22: The right to culture and respect for the cultural identity of each citizen is guaranteed. The exercise of this right must not prejudice or public order, or to others, or national unity. ARTICLE 23: The right to education is guaranteed. Equal access to education and vocational training is guaranteed. The course, taught in public schools is free. Schooling is compulsory until the age of sixteen. The right to establish private educational institutions is guaranteed. Ceuxci are governed by law. ARTICLE 24: The State recognizes all citizens the right to work and to create conditions that make the enjoyment of this right.
ARTICLE 25: With the exception of law enforcement officers, Congolese citizens enjoy the freedom of association and the right to strike under the conditions set by law. ARTICLE 26: No one shall be subjected to forced labor, except in the case of a deprivation of liberty ordered by a legally established jurisdiction. No one shall be subjected to slavery. ARTICLE 27: Everyone has the right, in accordance with the law, to undertake in sectors of their choice. ARTICLE 28: Everyone has the right to rest and leisure, including a limitation of working hours and periodic holidays and the holiday pay under the conditions determined by law. Page 7 ARTICLE 29: Every citizen has the right to protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author. Sequestration, seizure, confiscation, prohibition of all or part of the publication, or any other recording means information or communication may be made only pursuant to a decision justice. ARTICLE 30: The State shall guarantee public health. The elderly and the disabled are entitled to measures protection commensurate with their physical, moral or other needs for their full potential. The right to establish private health and social institutions is guaranteed. Ceuxci are governed by law. ARTICLE 31: The State has an obligation to assist the family in its mission custodian of morals and compatible with the republican order values. The rights of the mother and child are guaranteed. ARTICLE 32: Marriage and the family are under the protection of the law. All children, whether born in or out of wedlock, have to towards their parents the same rights and duties. They enjoy the same protection under the law. Parents have obligations and duties to their children, whether born in or out of wedlock. The law establishes the legal conditions of marriage and the family. ARTICLE 33: Every child, without discrimination of any form, has right on the part of his family, society and state, protection measures required by his status. ARTICLE 34: The State shall protect children and adolescents against economic or social exploitation. The employment of children under sixteen are prohibited. ARTICLE 35: Every citizen has the right to a healthy, satisfying and sustainable environment and the duty to defend. The State shall ensure the protection and conservation of the environment. ARTICLE 36: The conditions of storage, handling, and incineration discharge of toxic pollutants or radioactive waste from factories and other industrial or artisanal units installed in the country are established by law. Any pollution or destruction resulting from economic activity resulting to compensation. The law determines the nature of the compensatory measures and procedures execution.
ARTICLE 37: transit, import, storage, landfill, discharge into inland waters and the sea areas under the jurisdiction national, spreading airspace toxic waste pollutants Page 8 radioactive or other hazardous material, whether from abroad constitute a crime punishable by law. ARTICLE 38: Any act, any agreement, any agreement, arrangement administrative or any other event that has the direct effect of depriving the Nation all or part of its own livelihood from its resources or its natural resources, is considered the crime of plunder and imprescriptible punishable by law. ARTICLE 39: The acts referred to in the previous section and their attempt, which terms whatsoever, if they are the result of a constituted authority, are, according to cases, punished as high treason or as an act of treason. ARTICLE 40: Everyone has the right to petition the organs appropriate state. ARTICLE 41: Every citizen who suffers harm as a result of the administration, has right to take legal action in the manner prescribed by law. ARTICLE 42: Foreigners enjoy in the territory of the Republic of Congo, the same rights and freedoms as nationals under the conditions determined by treaties and laws, subject to reciprocity. Page 9 TITLE III DUTIES ARTICLE 43: Everyone has duties to the family, society, state and other legally recognized communities. ARTICLE 44: Every citizen has the duty to respect his fellow beings without discrimination, maintaining relationships with them that promote and strengthen mutual tolerance. It is required to preserve the national cultural values in a spirit of dialogue and consultation, contribute to strengthening the cohesion and national solidarity. ARTICLE 45: Every citizen shall preserve the peace, national independence, territorial integrity and contribute to the defense of the country. Treason, spying for a foreign power, the transition to the enemy in time of war, and any other form of security breach of the state is punishable by law. ARTICLE 46: All citizens have the duty to work for the common good, fulfill all their civic and professional obligations and fulfill their tax contributions under the conditions determined by law. They have a duty to work to the best of their abilities and opportunities. ARTICLE 47: Public goods are sacred and inalienable. Every citizen has the scrupulously respect and protect. The law establishes the conditions of alienation public property in the public interest. Any act of sabotage, vandalism, corruption, illicit enrichment, embezzlement, misappropriation or embezzlement of public funds, is repressed as provided by law.
ARTICLE 48: Every citizen, elected or appointed to high public office, shall to declare his assets when he took office and the termination of the it according to law. Failure to comply with this requirement will result in forfeiture of the functions in conditions laid down by law. ARTICLE 49: Every citizen, in charge of a public or elected to a function public has the duty to fulfill conscientiously and without discrimination. ARTICLE 50: Every citizen has the duty to comply with the Constitution, laws and regulations of the Republic and to fulfill its obligations to the state and society. Page 10 TITLE IV POLITICAL PARTIES ARTICLE 51: The political party is an association with personality morality, which brings together citizens for conquest and peaceful management power around a draft democratic society dictated by the desire to achieve the general interest. ARTICLE 52: Political parties have a national character and can not identify themselves in the form in action or in any way to a ethnic group, a department, a religion or a cult. ARTICLE 53: Political parties are recognized under the Constitution and the law. To be recognized, they are required to adhere to such principles following fundamentals: respect, protection and consolidation of national unity; the protection and promotion of fundamental rights human; promoting the rule of law based on respect for and defense of the democracy, individual and collective freedoms; the defense of the territorial integrity and national sovereignty; outlawing intolerance, ethnism, the use of violence in all its forms; respect for the secular state; satisfying the criteria defined by the national representation law. Are liable to dissolve political parties, in their operation, not not comply with the principles above. ARTICLE 54: The State contributes to the financing of political parties. The law determines the conditions and modalities of financing of political parties policies. ARTICLE 55: It is illegal for political parties to receive any form of competition likely to undermine the independence and sovereignty national. Page 11 TITLE V THE EXECUTIVE ARTICLE 56: The President of the Republic is the Head of State. It embodies the unity National. It ensures compliance with the Constitution and the proper functioning of public institutions. It protects the arts and letters. The President of the Republic is the Head of the Executive. He is the Chief Government. It determines and conducts the policy of the Nation. It has the regulatory power and ensures the implementation of laws. The President of the Republic is the guarantor of the continuity of the State, national independence, territorial integrity and observance of treaties and international agreements.
ARTICLE 57: The President of the Republic is elected for seven years by universal suffrage direct universal. It is re-elected once. ARTICLE 58: No person shall be a candidate for President of the Republic: if it is a Congolese national origin; if he has all his civil and political rights; if it is of good character; if no evidence of professional experience of at least fifteen years; he is forty years old and at least seventy more years to filing date of the application; if he resides continuously in the territory of the Republic at the time of filing the application for at least twenty four month. The residence requirement indicated above do not apply to members of diplomatic or consular representations to persons designated by the State for a position or a mission abroad and officials International; if it has a state of physical and mental well being duly noted by a panel of three doctors sworn, appointed by the Constitutional Court. ARTICLE 59: The President of the Republic shall be elected by an absolute majority of votes cast. If conservation is not obtained on the first ballot, there shall be twenty-one days later, a second round. Can only present the two candidates having received the largest number of votes in the first round. Shall be declared elected in the second round, the candidate with the highest number of votes cast. Page 12 ARTICLE 60: The candidates for the presidential election, having obtained at least fifteen percent of the votes cast, are protected and benefits established by law. ARTICLE 61: The writ is made by Order in Council Ministers. ARTICLE 62: The first round of voting for the election of President Republic takes place at least thirty days and forty days before the date expiry of the mandate of the President of the Republic in office. ARTICLE 63: If before the first round, a candidate dies or is permanently prevented the Constitutional Court shall postpone the election. In case of death or permanent incapacity of one of the two candidates in the lead in the first round before the announcement of the results of the first round, the Constitutional Court finds that the process is new to all elections, it is the same in case of death or incapacity final one of the two candidates remaining standing in the second round. In the cases referred Party under clause 1 and 2 above, the Constitutional Court before, or by the President of the Republic or by the President either House of Parliament, or by any interested party, may extend the time limits set Article 62. The vote must be held within ninety days from the date of the decision of the Constitutional Court. If the provisions of This paragraph had the effect of postponing the presidential election, President the Republic shall remain in office until the oath of his successor. In case of withdrawal of one of the candidates admitted to the second round of the election continues with the candidate remained in contention. ARTICLE 64: The law establishes the conditions and eligibility process, presentation nominations of voting, counting and proclamation the results of the election of the President of the Republic. It provides all necessary measures to ensure that elections are free, transparent and fair. ARTICLE 65: If no objection has been raised within five days and if the Constitutional Court finds that the election is vitiated by any irregularity likely to invalidate the election, she proclaims the election
of President of the Republic within fifteen days of the referral. In case of dispute, the Constitutional Court decides within fifteen days of referral and announce the results. ARTICLE 66: In case of cancellation of the election by the Constitutional Court, new elections are held on time forty-five to eighty ten days. In this case, the President of the Republic remains in office until the swearing in of the new President of the Republic elected. ARTICLE 67: In case of death or permanent incapacity of the President of the Elected before his appointment Republic, there shall be new elections within the time of forty five to ninety days. The President of the Republic shall remain in office until the delivery inauguration of the new President of the Republic elected. Page 13 ARTICLE 68: The mandate of the President of the Republic begins the day of its swearing and ends at the end of the seventh year after the date of his appointment. The swearing in of the new President of the Republic takes twenty days after the announcement of election results by the Court constitutional. ARTICLE 69: Upon taking office, the President of the Republic takes the following oath: "Before the Nation and the Congolese people only holder of sovereignty: Me (Name of elected), President of the Republic, I solemnly swear: to respect and defend the Constitution and the republican form of the State; diligently fulfill the high office as the nation and the people I have assigned; ensure respect for the fundamental rights of the human person civil liberties; to protect and respect the public good; to devote full resources to the development of Nation; ensure peace and justice for all; to preserve national unity and territorial integrity, sovereignty and national independence. " The oath shall be administered by the Constitutional Court in the presence of the Assembly National, the Senate and the Supreme Court. ARTICLE 70: In case of vacancy of the Presidency of the Republic of death, resignation or any other cause permanent incapacity, as Chairman of the Republic, with the exception of those mentioned in Articles 74, 80, 84, 86 and 185 are temporarily exercised by the President of the Senate. The vacancy is found and declared by the Constitutional Court, the President of the National Assembly. ARTICLE 71: The maximum duration of the interim is ninety days. The ballot for the election of the President of the Republic shall, except in cases of force majeure confirmed by the Constitutional Court, at least forty five days and ninety days at most after the vacancy occurs. The President of the Senate, ensuring the Acting President of the Republic can not be a candidate for the presidential election. ARTICLE 72: The office of President of the Republic is incompatible with the exercise of any other elective office, any public employment, civil or military, and any professional activity. The office of President of the Republic is incompatible with any responsibility within a political party. Page 14
ARTICLE 73: While in office, the President of the Republic and the Ministers can not by themselves or through an intermediary, buy anything or take anything lease that belongs to the domain of the State. They can not take part in public procurement and tendering for governments or institutions in which the State has an interest. They receive a salary amount to be determined by regulation. The President of the Republic occupies an official residence. ARTICLE 74: The President of the Republic appoints the ministers who are responsible only to him. It puts an end to their duties. It establishes, by order, the functions of each minister. He may delegate some of his powers to a minister. ARTICLE 75: The offices of Minister is incompatible with the exercise of any parliamentary mandate, any public employment, civil or military, and any activity professional except agricultural, cultural activities, local councilors, teaching and research. They are also incompatible with membership of a board administrative or executive committee of a public company. ARTICLE 76: Each minister is justiciable before the High Court of Justice crimes committed by him in the exercise of its functions. ARTICLE 77: The President of the Republic appoints senior civilian and military cabinet. He appoints senior civilian and military jobs. The law determines the functions and jobs to be filled by the Board of Ministers. He appoints ambassadors and envoys extraordinary powers Foreign and international organizations. Ambassadors and envoys extraordinary shall be accredited it. ARTICLE 78: The President of the Republic is the Supreme Commander of the armed forces. It chairs the boards and committees of defense. ARTICLE 79: The President of the Republic is President of the Superior Council of the Judiciary. ARTICLE 80: The President of the Republic exercises the right of pardon. ARTICLE 81: The President of the Republic presides over the Council of Ministers. Cabinet deliberates on: bills; draft orders and decrees; communications. Page 15 ARTICLE 82: The acts of the President of the Republic, other than those provided Articles 74, 84 and 86 shall be countersigned by the ministers responsible for their execution. ARTICLE 83: The President of the Republic to initiate legislation, in conjunction with members of Parliament. It ensures the enactment of laws within twenty days of the transmission it is made by the Office of the National Assembly. This period is reduced to five days in an emergency declared by the Parliament. He may, before the expiry of this deadline, ask Parliament one second deliberation of the law or some of its articles. This second deliberation may be refused. If Parliament is in session end, this second deliberation takes place automatically, at the next session. The voting for this second decision is committed to the two-thirds majority of members of the National Assembly and the Senate assembled in congress. If after the last vote, the President of the Republic refuses to enact the law, Constitutional Court, the President of the Republic or the President of either House of
Parliament shall check compliance law. If the Constitutional Court declared the law complies with the Constitution, the President of the Republic promulgates. ARTICLE 84: When the institutions of the Republic, the independence of the Nation, the integrity of the national territory or the fulfillment of commitments International threatened with serious and imminent and the regular functioning of government is threatened or interrupted, the President of the Republic, after consultation with the Presidents of the two chambers Parliament and the President of the Constitutional Court shall take measures required by exceptional circumstances. He shall inform the Nation by a message. Parliament meets in special session right. Parliament sets the time after which the President of the Republic can not more exceptional measures. ARTICLE 85: The President of the Republic address, once a year, a message Parliament convened in Congress on the state of the nation. It may, at any time, send messages to the National Assembly or Senate. These messages do not give rise to any debate. ARTICLE 86: The President of the Republic may, after consultation Speakers of both Houses of Parliament, submit to referendum any bill law on the organization of government, human rights guarantees and fundamental freedoms, economic and social action of the State or tending to authorize the ratification of a treaty. Before submitting the project to the referendum, the President of the Republic collects the opinion of the Constitutional Court on its compliance with the Constitution. In case of non compliance with the Constitution, it may not be a referendum. The Constitutional Court shall ensure the proper conduct of the referendum. Page 16 When the referendum concluded the bill, the law was enacted in the conditions laid down in Article 83 paragraph 2. ARTICLE 87: The personal liability of the President of the Republic is liable in case of high treason. The President of the Republic may be impeached by Parliament Congress met in acting by secret ballot by a majority of two thirds of its members. ARTICLE 88: Former Presidents of the Republic, with the exception of those convicted of treason, high treason, economic crimes, crimes of looting, war crimes, genocide or other crimes against humanity, enjoy the benefits and protection under the conditions determined by law. T IT RE VI THE PO UVOI RL EQ ISL IF AT ARTICLE 89: The Parliament consists of two chambers: the House National and the Senate. Parliament exercises legislative power and control the action of the Executive. Information and control of Parliament means of action Government are: the arrest; written question; Oral Question; the current issue; the hearing committee; the parliamentary inquiry. ARTICLE 90: Members of the National Assembly shall be a member. They are elected by direct universal suffrage. Each deputy is the representative of the Entire nation and any imperative mandate is null. Each member is elected to his deputy. The Senate shall have the title of senator. They are elected by universal suffrage indirectly by local government councils. They represent communities land of the Republic. The Senate shall, in addition to its legislative function, the moderator and the Council of Nation. ARTICLE 91: The duties of deputy and senator entitle the reimbursement and the payment of compensation, the rate and the eligibility criteria are established by law. ARTICLE 92: The term of office of members is five years. They may be reappointed. The term of office of senators is six years. The Senate is renewed every three years by half draw.
Page 17 Mandates of deputy and senator may be extended by the Court Constitutional cases in very exceptional circumstances preventing normal elections. The Constitutional Court by the President of the Republic. ARTICLE 93: The mandates of deputies and senators begin the second Tuesday following their election. Each House of Parliament meets right. If this meeting takes place outside the periods for sessions ordinary, a special session is opened automatically for a period of fortnight. The mandate of the members shall expire at the inauguration of the new Assembly. Elections are held at least twenty days and not more than fifty days before the term of office of members. ARTICLE 94: The law determines: constituencies; the number of seats and their distribution by district; the electoral system; conditions for new elections in case of vacancy seat, and the rules of ineligibility; the status of deputies and senators. ARTICLE 95: The office of deputy and senator is incompatible with any Another function of a public nature. Other incompatibilities shall be established by the law. In case of conflict, the member shall be replaced by his deputy. At the end of the conflict, the deputy found his seat in the National Assembly. ARTICLE 96: Candidates for legislative and senatorial elections are: be Congolese; be twenty five years at least, for members and forty at least five years for senators; reside in the country at the time of presentation applications; enjoyment of all civil and political rights; not have been convicted of crimes or offenses. ARTICLE 97: Candidates for legislative or senatorial elections nominated by political parties or political groups. They can also stand as independent candidates. ARTICLE 98: MPs and senators lose their seats if they are subject of a sentence of imprisonment for crimes or offenses volunteers. A deputy or a senator elected, presented by a political party or a group who resigned his political party or political group, during Parliament ceases to be a Deputy or Senator. In both cases above, the procedure for elections. Page 18 Any ineligibility known at the date of subsequent elections, as well as incompatibilities and disabilities under the law, results in the loss of office the Deputy or Senator. ARTICLE 99: The Constitutional Court decides on the admissibility of applications and the validity of the election of deputies and senators. ARTICLE 100: He may not be a by-election in the last half of the legislature. ARTICLE 101: No member of Parliament shall be prosecuted, nor sought detained or tried for opinions expressed or votes cast in the exercise of its functions. No MP, no Senator shall, during the sessions, be prosecuted or arrested without the authorization of the Board to which it belongs, except flagrante delicto, authorized prosecution or final judgment. No MP, no Senator can not in session, be prosecuted or arrested without authorization from the Bureau of the Chamber to which he belongs, except in cases of flagrante delicto, authorized prosecution or final judgment. ARTICLE 102: The voting members of Parliament and senators is personal. The rules of procedure of the National Assembly and the Senate may authorize exceptionally, the delegation of voting. In this case, no one can receive delegation of more than one term. ARTICLE 103: The Parliament meets full three ordinary sessions a year at the Presidents of the two chambers. The first session begins on March 2, the second on July 2, the third 15 October. When Parliament meets in Congress, the Bureau of the National Assembly preside over the proceedings. Each session lasts for sixty days. If the March 2, 2 July or October 15 is a holiday, the opening of the session held on the first business day following.
ARTICLE 104: The agenda of each session shall be determined by the Conference of Presidents. ARTICLE 105: Each House of Parliament is convened session extraordinary by its President on a specific agenda at the request of President of the Republic or the absolute majority of its members. Closing occurs when the room has exhausted the agenda for which it was and convened no later than fifteen days from the date of commencement of its meeting. Page 19 ARTICLE 106: The National Assembly and the Senate are each headed by a Office includes: a President; two Vice-Chairmen; two Secretaries; two Questors. ARTICLE 107: Each House of Parliament shall adopt rules of procedure determines its operation, sets the legislative process and how to control of government action. The rules of each chamber has the force of organic law. President of the National Assembly opens and closes the regular sessions and Extraordinary of the National Assembly. The President of the Senate opens and closes the regular and special sessions of Senate. ARTICLE 108: The sessions of both Houses of Parliament are public. The verbatim record of the proceedings is published in Hansard. However, the National Assembly or the Senate may sit in camera at the request of President of the Republic, the President of each room or a third of its members. ARTICLE 109: In case of vacancy of the presidency of the National Assembly or Senate by death, resignation or any other cause, the relevant Chamber shall elect a new President within fifteen days after the vacancy if it is session, otherwise it meets the conditions right determined by the rules. If necessary, it is provided to the replacement of other officers accordance with the rules of each chamber. ARTICLE 110: The Parliament has legislative initiative and vote only law. He agrees the tax vote on the state budget and monitors its implementation. It has before Bill Finance at the opening of the October session. He initiated referendums, in conjunction with the President of the Republic. ARTICLE 111: Are the field of law: citizenship, civic rights and the fundamental guarantees granted citizens in the exercise of civil liberties, the constraints imposed in the interest of national defense and security public, the citizens, in their person or their property; nationality, status and capacity of persons, matrimonial regimes, inheritance and gifts; the determination of crimes, offenses and fines as well as penalties applicable to them, the organization of justice and proceedings before the courts and enforcement of judgments justice, the status of the judiciary and the legal regime of the Council Page 20 Of the Judiciary, government offices and professions liberal; the base, rates and methods of collection of taxes of any nature, debt and financial commitments of the State; the issue of the currency regime; the creation of public institutions; the referendum operations; electoral divisions; amnesty; the general status of the public service; the administrative organization of the territory; the free administration of local communities, their skills and resources; the land; labor law, trade union rights and social security schemes; nationalization, the denationalization of enterprises and transfers of ownership of public enterprises to the private sector; the plan for economic and social development; environment and conservation of natural resources; the regime of ownership, property and civil rights and obligations commercial; the regime of Political Parties, Associations and Organizations Not (NGOs); the approval of treaties and international agreements; the organization
of national defense; management and disposition of the domain of the State; mutuality, savings and credit; the regime of transport, communications and information; the prison system. The law also determines the basic principles: of education; Health; science and technology; industry; culture, arts and sports; agriculture, livestock, fisheries and water and forests. ARTICLE 112: The Finance Acts shall determine the revenue and expenditure State. Review laws control the execution of the finance laws in Page 21 Subject to the subsequent clearance of the accounts of the Nation by the Court of Auditors and fiscal discipline. Laws program set goals of economic and social action the state, the organization of production and national defense. ARTICLE 113: The materials, other than those in the field of law, are the area of the settlement. TITLE VII RELATIONS BETWEEN THE EXECUTIVE AND LEGISLATIVE POWERS ARTICLE 114: The President of the Republic may dissolve the Assembly National. The National Assembly may remove the President of the Republic. ARTICLE 115: The President of each House of Parliament informed the President the Republic of the agenda of the sessions. ARTICLE 116: The agenda includes sessions of projects and proposals laws in order of their deposit on the desk in the room before. However, projects and proposals of laws, including the emergency is recognized, are given priority. ARTICLE 117: Ministers have access to sessions of Parliament. They are agreed at the request of a member or a senator, or a commission for their request. They may be assisted by experts. ARTICLE 118: Legislative initiative belongs concurrently to the President of the Republic and members of Parliament. Bills discussed in the Council of Ministers after consultation of the Court Constitution are laid on the table of any room. Proposed legislation, the drafting is adopted by the Parliament are before deliberation and voting, for information, to the President of the Republic. ARTICLE 119: The draft laws and amendments tabled by Members of Parliament tends to increase or decrease the expenses must be accompanied proposals releasing revenue or savings corresponding. ARTICLE 120: The projects proposed laws and amendments, which are outside the scope of the law is inadmissible. The inadmissibility is made by President of the Chamber concerned, after deliberation by the Board. In case of dispute, the Constitutional Court, the President of the Republic or the President of the Chamber concerned, statue within fortnight. ARTICLE 121: The discussion of bills door to the first chamber entry, the text presented by the President of the Republic. A room entry a text passed by the other chamber deliberates the text passed to it. Page 22 ARTICLE 122: The projects and legislative proposals are sent to one of standing committees whose number is determined by the rules each room. Projects and proposed laws may, at the request of the President of the Republic or the room is entered, be referred for consideration to the commissions specially designated for this purpose. ARTICLE 123: The President of the Republic and members of Parliament have the right of amendment. ARTICLE 124: Any project or bill is examined, successively by both chambers for the adoption of an identical text. When, following a disagreement between the two chambers, a project or bill could be adopted after reading each room, the President of the Republic may convene a committee meeting Joint mixed responsible for proposing legislation provisions remaining discussion. The text drafted by the joint committee may be
submitted by President of the Republic for approval in both houses. No amendment shall be admissible, unless approved by the President of the Republic. If the joint committee fails to adopt a common text, President of the Republic may, after further reading by the Assembly National and the Senate, ask the National Assembly to decide permanently. In this case, the National Assembly may reconsider either the text drafted by the joint committee, the last text passed by itself, change the case any one or more amendments adopted by the Senate. ARTICLE 125: The laws which the Constitution confers the status of laws organic, except the Finance Act are enacted and amended conditions following: the project or the bill is submitted for deliberation and voting the first room entered until the expiration of a period of fifteen days after filing; the procedure of Article 124 is applicable. However, lack of agreement between both chambers, the text may be adopted by the Assembly National final reading by an absolute majority of its members; organic laws can be promulgated only after the declaration Constitutional Court of their conformity with the Constitution. ARTICLE 126: Parliament is considering the draft budget law by one week before the opening of the October session. Bill Finance should provide the revenue needed to cover full costs. ARTICLE 127: If Parliament has not passed the budget at the end of the session October, the President of the Republic requests a special session which period not exceeding fifteen days. After this period, the budget is established, finally, by order after notice the Constitutional Court. Page 23 If Parliament has not received the bill on time Finance under section 126 and that the budget has not been passed at the end of this first special session, a second special session convened at the request of the President of the Republic. ARTICLE 128: An organic law shall determine the method of presentation of the budget. Parliament sets the national accounts. He is assisted in this by the Court Accounts and budget discipline. ARTICLE 129: The bill settlement is deposited and distributed later, the end of the year following the year of the budget year. ARTICLE 130: The declaration of war is authorized by Parliament in Congress. Where, in exceptional circumstances, the Parliament can not serve usefully, the decision to declare war is taken by the Council of Ministers by the President of the Republic. It shall immediately inform the nation. ARTICLE 131: When appearing imminent danger resulting from serious breaches public order or for events with, by their nature and severity, character of public calamity or national disaster, the President of the Republic may decree by the Council of Ministers, the state of emergency in all or part of the national territory. When it appears imminent danger, resulting either from a foreign threat characterized or an armed insurrection or serious developments during the state of emergency, the President of the Republic may decree by the Council of ministers, the state of siege. In both cases, the President of the Republic shall inform the Nation by message. Parliament meets right in Congress, if not in session, for appropriate, authorize the extension of the state of emergency or the siege beyond fifteen days. Where, in exceptional circumstances, Parliament may sit President of the Republic may decide to uphold the state of emergency or the siege. He shall inform the Nation by a message. ARTICLE 132: The President of the Republic, to implement its program, ask Parliament to pass a law allowing it to take an order for a limited period, measures that are normally the domain of the law. This authorization is granted by a simple majority of members of Parliament. The request must specify the subjects in which the President of the Republic wishes to take the orders. The orders are issued in the Council of Ministers, after consulting the Court constitutional. They come into force upon publication, but become forfeited if the bill of ratification is not tabled in Parliament before the date set by the
enabling legislation. When the clearance application is rejected, the President of the Republic may legislate by decree, after consultation with the Constitutional Court. At the expiry of the period mentioned in the first paragraph of this Article, orders can not be changed by law in their provisions which are the legislative domain. Page 24 TITLE VIII THE JUDICIARY ARTICLE 133: There shall be a judicial power is exercised by the Supreme Court, the Court of Accounts and Budgetary Discipline, Courts of Appeal and other national courts. The judiciary shall decide on disputes arising from the application of the Act and Regulations. ARTICLE 134: The Supreme Court, the Court of Auditors and fiscal discipline, Courts of Appeal, and other national courts are created by legislation organic securing their organization, composition and operation. ARTICLE 135: Justice visited the country on behalf of the People Congolese. ARTICLE 136: The judiciary is independent of the legislature. Judges shall not, in the exercise of their functions, to the authority of the law. ARTICLE 137: The Judiciary can not interfere, nor the powers of executive, nor those of the legislature. The executive can not or decide disputes or obstruct the course of the justice or oppose the execution of a court decision. The legislature can not, and adjudicating disputes or change a decision justice. Any law, whose purpose is to provide a solution to an ongoing trial, shall be null and void. ARTICLE 138: No one shall be arbitrarily detained. The judiciary, the guardian of fundamental rights and freedoms, provides Respect for this principle in the conditions laid down by law. Article 139 is hereby established a High Council of the Judiciary chaired by President of the Republic. ARTICLE 140: The President of the Republic guarantees the independence of the judiciary court through the Higher Council of the Judiciary. The Superior Council of the Judiciary statue as the Disciplinary Board and as the Management of the careers of judges. ARTICLE 141: Members of the Supreme Court and judges of other national courts are appointed by the President of the Republic on proposal of the Superior Council of Magistracy. The judges of the Supreme Court are appointed for life. Areticle 142: The law determines the status of one particular body of magistrates. ARTICLE 143: An organic law determines the organization, composition and operation of the Higher Judicial Council. Page 25 TITLE IX THE CONSTITUTIONAL COURT ARTICLE 144: There shall be a Constitutional Court. The Constitutional Court consists of nine members whose term is nine years renewable. It is renewed by thirds every three years. Three members of the Constitutional Court are appointed by the President of the Republic. The other members are appointed by the President of the Republic Because two members on the proposal of the President of each chamber And two members of Parliament on the proposal of the Board of the Supreme Court among the members of that court. The President of the Constitutional Court is appointed by the President of the Republic among its members. It has a casting vote in case of tie voice. ARTICLE 145: The office of member of the Constitutional Court are incompatible with that of member of the Government, Parliament or Supreme Court. Personalities, convicted of treason, treason, perjury, crime economic, war crimes, genocide or other crimes against humanity, may not be members of the Constitutional Court. Other incompatibilities shall be established by law. ARTICLE 146: The Constitutional Court is responsible for monitoring the
constitutionality of laws, treaties and international agreements. It ensures the regularity of the election of the President of the Republic. It examines claims and announce the election results. ARTICLE 147: With the exception of local elections and preparatory acts of elections, the Constitutional Court, in case of dispute, decision on the regularity legislative and senatorial elections. It ensures the proper conduct of the referendum and proclaims the results. The electoral law determines the jurisdiction to hear the dispute local elections and elections preparatory acts. ARTICLE 148: The Constitutional Court by the President of the Republic, the Speaker of the National Assembly, the President of the Senate or a thirds of each House of Parliament. The Constitutional Court, for NOC before the promulgation organic laws or enforcement of the rules of each House of Parliament. In this case, the Constitutional Court shall rule within one month. However, at the express request of the applicant, this period may be reduced to ten days if there is an emergency. Referral to the Constitutional Court suspends the period of enactment of the law or implementation of the rules. Page 26 ARTICLE 149: Any individual may, either directly or by the procedure of the unconstitutionality invoked before a court in a case is concerned, the Constitutional Court on the constitutionality of laws. In case of unconstitutionality, the court shall stay the proceedings and shall allow the applicant a period of one month from the notification of the decision. ARTICLE 150: A provision declared unconstitutional can not be either promulgated or implemented. The decisions of the Constitutional Court are not subject to appeal. They are binding on governments at all administrative authorities, jurisdictional and individuals. ARTICLE 151: An organic law determines the rules of organization, composition and functioning of the Constitutional Court, the procedure and the time limits of referral. TITLE X THE HIGH COURT OF JUSTICE ARTICLE 152: There shall be a High Court of Justice. It is composed of deputies and senators elected in equal number by their peers and members of the Supreme Court also elected by their peers. The High Court of Justice is headed by the first President of the Court Supreme. ARTICLE 153: The High Court of Justice has jurisdiction to hear the President of the Republic in case of high treason. ARTICLE 154: Members of the National Assembly and the Senate, Ministers, members of the Supreme Court and members of the Constitutional Court are litigants before the High Court of Justice for acts defined as crimes or offenses committed in the exercise of their functions. They can not be set accusation by the Parliament in joint session, acting by a ballot secret to the two-thirds majority of its members. ARTICLE 155: The co-authors and accomplices of the persons referred to in Articles 153 and 154 are also defendants in the High Court of Justice without is necessary that the act of indictment on the stems of Parliament. ARTICLE 156: An organic law determines the organization, composition and functioning of the High Court of Justice. Page 27 TITLE XI ECONOMIC AND SOCIAL COUNCIL ARTICLE 157: He is an Economic and Social Council. ARTICLE 158: The Economic and Social Council, with public authorities, a consultative assembly. It may, on its own initiative, take any economic problem or social interest to the Republic of Congo. It may also be seized by the President of the Republic, the President of the National Assembly or the