In the Republic of Congo, dual citizenship is accepted in accordance with the Constitution of the Republic of Congo adopted by referendum on October 25, 2015, article 19 states that: "Congolese citizenship is guaranteed by law. Every Congolese has the right to change his nationality or to acquire a second one. »
However, the nationality code contained in Act No. 35-1961 of 20 June 1961 on the Congolese nationality code lists the special conditions for acquiring dual nationality in the Republic of the Congo.
On the one hand, there are two (02) conditions for the acquisition of nationality in Congo by law effect, namely:
On the other hand, there are two (02) conditions for acquiring nationality in Congo by decision of the public authority, namely:
In addition, the following restrictions on the conditions for acquiring Congolese nationality are provided for in Act No. 35-1961 of 20th June 1961 of the Congolese Nationality Code:
Article 42 : No one may acquire Congolese nationality when residence in the Congo is a condition of such acquisition, unless he satisfies the obligations and conditions imposed by the legislative and regulatory provisions relating to the stay of foreigners in the Congo.
Paragraph 1 of article 66 of the same Code provides that: "When the foreigner has knowingly made a false declaration, presented a document containing a false or erroneous assertion or used fraudulent tactics to obtain naturalization or reinstatement, the decree issued may be revoked.
Filiation is authorized. It produces effects of the attribution of Congolese nationality in the Republic of Congo in strict compliance with Congolese customs and civil legislation in accordance with article 12 of the Nationality Code, which provides that: "filiation does not take effect with regard to the attribution of Congolese nationality unless it is established under the conditions determined by Congolese customs and civil law, this law or the regulatory provisions provided for its application"
In this respect, the effects of the attribution of nationality occur precisely in the case of a child born to a father or mother of Congolese nationality during his or her minority, as provided for in article 44: "A minor child whose father or mother acquires Congolese nationality shall automatically become Congolese in the same way as his or her parents, provided that his or her filiation is established in accordance with article 12."
However, one year before reaching the age of majority, the child has the option of renouncing this allocation provided that he is represented by a father figure. (Art 14)