DR Congo’s Nationality Bill: A Dangerous and Discriminatory Attempt to Limit Citizenship Rights

Democratic Republic of Congo’s parliament is currently reviewing a draft law that could enable authorities to discriminate against Congolese citizens on the basis of their parents’ national origin. The proposed law known as the Tshiani or “Congolity” bill, was first introduced in 2021 but was withdrawn following widespread criticism. Its reintroduction during an election year heightens concerns of using the law to prevent specific individuals, including political opponents, from running for office, leading to political tensions, repression, and violence.

According to Human Rights Watch, the bill aimed to exclude from presidential office and senior institutional positions any Congolese with one non-Congolese parent. Such a law will not only discriminate against certain individuals but will also undermine democratic participation and violate international legal protections against discriminatory practices. The organization called upon the Congolese Parliament to reject the bill.

The bill is widely seen as an attempt to sideline Moïse Katumbi, who leads the opposition party Ensemble pour la République. He is considered one of President Felix Tshisekedi’s potential opponents in the December 2023 presidential election. Katumbi, a Congolese politician, businessman, and former governor of Katanga province, has a Greek father.

The proposed law sparked nationwide demonstrations, including the eastern provinces of North-Kivu, Ituri, and Katanga, and the western province of Kongo-Central, and Kinshasa, the capital. The foreign diplomats, United Nations officials, and prominent individuals spoke out against the law, expressing concern about the potential risks of violence and political tensions.

Treaties such as the International Covenant on Civil and Political Rights (ICCPR) and the International Convention on the Elimination of All Forms of Racial Discrimination, which Congo is a part of, guarantee equal and effective protection against discrimination based on descent or national and ethnic origin. Every citizen is assured of the right to participate in public affairs and be elected at genuine periodic elections.

The proposed law’s introduction into parliament raises questions about whether contemporary African states’ post-colonial political legacies are entering a new phase. Through discourses, legislative changes, and policies, many states have historically produced barriers to entry that limit political participation based on ethnic origin, language, or religion. Such laws favor specific groups, such as the dominant or culturally privileged groups, while disadvantaging others, such as minority ethnic groups.

At the center of such tensions is the question of citizenship and democratic inclusion. For many African states still grappling with ethnic and linguistic diversity, the concept of equal and effective protection against discrimination based on national or ethnic origin remains a contested notion.

As the Congolese parliament reconsiders the Tshiani bill, it must grapple with the broader implications of the proposed law for democratic participation, citizenship rights, and discrimination. The potential exclusion of certain groups from political participation undermines the principles of democracy and human rights.

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