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CONSTITUTION OF THE REPUBLIC OF ZAÏRE
(1964)

Preamble

We, the Zaïrian people, Conscious of our responsibilities before God, the nation, Africa and the World; Proclaiming our adherence to the Universal Declaration of Human Rights; Convinced that there is no greatness in servitude and dependency; Anxious to safeguard and to promote our own values ​​and to guarantee to the family, the natural basis of all human society, a special protection of the public authorities so as to ensure cohesion and stability, to guarantee our political, economic, social and cultural independence, and to assure the blessings of liberty for ourselves and for our posterity; Affirming our determination to consolidate national unity and integrity while respecting our regional peculiarities, with a view to promoting, in a just way, our material well-being, our moral and spiritual development; Aware that only the policy of recourse to authenticity enables us to affirm our personality, to realize our objectives and to contribute effectively to universal civilization; Moved by a desire to assure the material well-being of each citizen and to create conditions favorable to the moral and spiritual growth of all Citizens; Do solemnly adopt the following:

CONSTITUTION

Title I: General provisions.

Section I: Territory and Sovereignty of the Republic.

Article 1. The Republic of Zaïre constitutes, within its borders as of 30 June 1960, a sovereign, indivisible, democratic and social State.

The emblem of the Republic is composed of a leopard's head framed to the left of a palm branch and an arrow and, on the right, an ivory point and a lance, all resting on a stone.

Its flag is sky blue, adorned with a yellow star in the upper left corner and crossed at the skew of a red band finely framed yellow.

Its motto is "Peace, Justice, Work".

Its national anthem is "La Zaïroise".

Article 2. No one shall be detrimental to the integrity of the territory of the Republic.

All the authorities of the Republic and of the provinces have the duty to safeguard the integrity of the territory of the Republic.

Article 3. All power emanates from the people who exercise it by its representatives or by way of the referendum.

No section of the people, nor any individual, may attribute its exercise to themselves or to himself.

Article 4. The Republic of Zaïre consists of the city of Leopoldville and the autonomous provinces listed below:

1. The provinces of the Cuvette centrale;

2. Of Haut-Congo;

3. Of Kasai occidental;

4. Of Katanga oriental;

5. Of Kibali-Ituri;

6. Of Kivu central;

7. Of Kongo central;

8. Of Kwango;

9. Of Kwilu;

10. Of Lake Léopold II;

11. Of Lomami;

12. Of Lualaba;

13. Of Luluabourg;

14. Of Maniema;

15. Of Moyen-Congo;

16. Of Nord-Katanga;

17. Of Nord-Kivu;

18. Of Sankuru;

19. Of Sud-Kasaï;

20. Of Ubangi;

21. And of the Uele.

The boundaries of the provinces and those of the city of Leopoldville are fixed by a national organic law.

No new province may be formed by the dismemberment of one or more provinces except by the revision of the first paragraph of this article, which shall be effected in accordance with the provisions of articles 175 to 177.

However, this revision becomes final only if it receives the consent of the interested populations consulted by means of the referendum.

No new province may be formed by the amalgamation of two or more provinces or parts of provinces unless the provincial assemblies concerned so request. The President of the Republic shall, upon request of the said assemblies by their presidents, submit to the approval of the peoples concerned, consulted by means of a referendum, a draft amendment drawn up in accordance with the request before him. If the referendum concludes that the draft amendment is adopted, the President of the Republic shall promulgate it within the time limit provided for in Article 94 (paragraph 1).

In each of the cases referred to in the two preceding paragraphs, the boundaries of the new province shall be determined by a national organic law amending the law referred to in paragraph 2 of this article.

A national organic law determines the rules for the application of this section and specifies the modalities for the establishment of the institutions of the newly created province.

Article 5. The provinces are autonomous within the limits set by this Constitution.

Each province has legal personality. However, only the Republic has international legal personality.

Leopoldville, the national capital of the Republic, is the seat of the national institutions referred to in Nos. 1 and 4 of Article 53.

The city of Leopoldville is exclusively of the central power, which fixes its status by a national organic law.

Section II: Nationality

Article 6. There is only one Congolese nationality.

It is allotted on June 30, 1960, to any person whose ascendants are or were members of a tribe or part of a tribe established in the territory of the Congo before October 18, 1908.

However, those persons referred to in paragraph 2 of this article who possess a foreign nationality on the date of entry into force of this Constitution shall acquire Congolese nationality only if they require it by a declaration made in the form determined by national law and, as a result of that declaration, they lose the foreign nationality.

They shall make the declaration within twelve months from the date of entry into force of this Constitution if they are at least 21 years of age on that date; If they are not 21 years old, they must make the declaration within twelve months from the day they reach that age.

Title IV. National institutions.

Article 53. The main national institutions are:

1. The President of the Republic;

2. The Government, headed by a Prime Minister;

3. The Parliament, composed of two Chambers;

4. The Constitutional Court;

5. Courts and tribunals.

Section I. Of the Central Executive Power.

§1. The president of the Republic.

Article 54. The President of the Republic represents the Nation and is the symbol of national unity. He is the head of the central executive. He determines and conducts the policy of the State. He sets the framework for the action of the government, ensures its application and informs the Parliament of its evolution. He ensures respect to the Constitution. He ensures, through his arbitration, the proper functioning of the public authorities and institutions as well as the continuity of the State. He is the guarantor of national independence, territorial integrity, national sovereignty and the observance of international treaties and agreements.

Article 55. The President of the Republic is elected for five years. Any Congolese citizen by birth, who has attained the age of 40 years and who fulfills the conditions of eligibility in the Senate, may be elected President of the Republic. The President of the Republic shall be eligible for immediate re-election only once.

Article 56.

The President of the Republic is elected for 4 years by direct universal suffrage. Any Congolese citizen by birth, who has attained the age of 40 and who fulfills the conditions of eligibility for the National Assembly, may be elected President of the Republic. The election shall take place by an absolute majority of the votes in the first ballot. In the second round, only the two candidates with the highest number of votes in the first round compete. Before taking office, the President of the Republic shall lodge before the President of the Constitutional Court, in the presence of the Parliament meeting in National Congress, the governors of the provinces and the members of the Constitutional Court, the following oath: "I, the elected President of the Democratic Republic of the Congo, swear to observe the Constitution and the laws of the Democratic Republic of the Congo, to maintain national independence and the integrity of the territory." A national organic law specifies the mode of application of this article, as well as the conditions for the declaration of candidatures, the conduct of the ballot, the counting and the proclamation of the results.