State in the Democratic Republic of the Congo

The Constitution of 18 February 2006, amended on 20 January 2011, describes the Democratic Republic of the Congo as a sovereign, indivisible, democratic, social and secular state governed by the rule of law. French is the official language; Kikongo, Lingala, Swahili and Tshiluba are national languages. The Constitution prevails over other state rules and protects, among other things, equality, fair proceedings, freedom of expression and of the press, information, assembly, procession and association. These freedoms are subject to legal limits protecting public order, public morality and the rights of others. The President is head of state, is elected by universal suffrage, may serve no more than two five-year terms, appoints the Prime Minister from the parliamentary majority and is commander-in-chief. The government carries out national policy, the Prime Minister coordinates its work, and the government is accountable to the National Assembly. Parliament consists of the National Assembly and the Senate, adopts laws, oversees the government and approves the budget. The National Assembly represents the population, while the Senate represents the provinces; former presidents belong to the Senate for life. The judiciary is independent. Key courts include the Constitutional Court, the Court of Cassation, the Council of State and military courts. The Higher Council of the Judiciary (Conseil supérieur de la magistrature) contributes to the organization of the justice system. In many areas, conflict, displacement and insecurity make access to courts and public authorities difficult. Customary authorities and local forms of dispute resolution remain practically relevant, but they must comply with the Constitution, laws and public order. The Democratic Republic of the Congo has 26 provinces, including Kinshasa with special provincial status. Each province has a provincial assembly and a provincial government; the governor and deputy governor are elected by the provincial assembly and appointed by the President. Cities, communes, sectors (secteurs) and chiefdoms (chefferies) are decentralized territorial entities with their own legal personality. Territories, wards, groupements and villages, by contrast, are deconcentrated administrative units without their own legal personality. The Ministry of the Interior coordinates central responsibilities for internal security, decentralization and customary affairs; governors, territorial administrators, mayors, sector chiefs and chiefdom chiefs implement state or provincial rules according to their responsibilities. Access to public services depends on the responsible authority, the service, the required documents, language, transport and the security situation. There is no single nationwide procedure or tariff for all public services. In conflict areas, humanitarian or community-based channels may be practically accessible, but they do not automatically replace the competent state office. In the east, reports document armed groups with their own control or parallel administrative structures; this de facto control must not be confused with the formal state mandate. The state is financed through the annual finance law. Provinces and decentralized territorial entities have their own revenues and receive shares of national revenues and transfers. Under the Constitution, 40 percent of national revenues are allocated to the provinces; ten percent of certain national revenues finance the National Equalization Fund (Caisse nationale de péréquation). Decentralized territorial entities are entitled to 40 percent of the national revenues allocated to the provinces and to 40 percent of shared provincial taxes. Actual disbursement and use must be checked for the relevant year and province. The Court of Auditors (Cour des comptes) conducts ex post independent external audits of the state, provinces, decentralized territorial entities and public institutions. The General Inspectorate of Finance (Inspection générale des finances) investigates and audits state and decentralized bodies. Parliamentary oversight, financial transparency and follow-up on findings work differently in practice. The Higher Council for Audiovisual and Communication (Conseil supérieur de l'audiovisuel et de la communication) is responsible for media and public communication, particularly media protection, professional ethics, pluralistic information and equal access. National security functions lie mainly with the armed forces (FARDC) and the police (PNC). The President holds the highest military and security responsibility, while the Ministry of the Interior handles public security and territorial administration. The state of siege (état de siège) is an exceptional constitutional security arrangement; its proclamation initially lasts 30 days, after which extensions of 15 days each are provided for. Such an exceptional arrangement has existed in Ituri and North Kivu since 2021; its current status and every extension must be checked against the latest official order or law. The actual reach of the state, budget execution, authority of public offices and security situation can change at short notice depending on the province and area.