ARTICLE 64: Every Congolese has the duty to defeat any individual or group of individuals who seizes power by force or who exercises it in violation of the provisions of this Constitution.
Any attempt to overthrow the constitutional regime is an offense
imprescriptible against the nation and the state. She is punished according to the law.
Since independence, on June 30, 1960, the Democratic Republic of Congo has
faced with recurrent political crises, one of the fundamental causes of which is the
challenging the legitimacy of the institutions and their facilitators.
This challenge took on a particular importance with the wars that tore the country from 1996 to
In order to put an end to this chronic crisis of legitimacy and to give the country all the
opportunities to rebuild, the delegates of the political class and civil society, forces
of the Nation, gathered in the Inter-Congolese Dialogue, agreed in the Global Agreement and
Inclusive signed in Pretoria, South Africa on December 17, 2002, to set up a new
political order, based on a new democratic Constitution on the basis of which the
Congolese people can choose their leaders with sovereignty, at the end of free elections,
pluralistic, democratic, transparent and credible.
In order to materialize the political will thus expressed by the participants in the Dialogue
inter-Congolese, the Senate, resulting from the Global Agreement and Inclusif cited above, has deposited, in accordance with
Article 104 of the Transitional Constitution, a preliminary draft of the new Constitution to
the National Assembly, which adopted it as a draft Constitution submitted to the
The Constitution thus approved is essentially based on the following key ideas: