189. However, the 2007 reformed nationality law now entitles men and women to transfer
Congolese nationality through affiliation. Besides, marriage with a foreigner no longer leads
to the loss of nationality by women, just as a woman can confer nationality on her spouse.
190. On the nationality of children, Article 13 of the Family Code sets forth the criteria for them
to acquire Congolese nationality. This deals with children born in the Democratic Republic of
Congo or abroad with one of the parents having Congolese nationality; children adopted
legally by Congolese, and children one of whose adoptive parents has acquired or voluntarily
recovered Congolese nationality. The law makes no distinction on account of sex in this
matter. Moreover, Article 14 of the Family Code stipulates that unemancipated minors whose
father or mother has obtained Congolese nationality through option acquire Congolese
nationality ipso facto at the same time as his/her parent. Unemancipated minors whose father
or mother is unknown acquire Congolese nationality in accordance with the provisions of
Article 8 of the said code.
MINIMUM AGE FOR MARRIAGE (ARTICLE 6(b))
191. The minimum age required for marriage as defined by law is 18 years. This is why any
sexual act or marriage contracted before this age is a punishable act provided for by law. In
fact, Congolese law recognizes forced marriage as violence against women. Article 336 of the
Congolese Family Code provides for sanctions against any individual who forces a person to
get married against his/her will or who, out of bad faith, prevents the conclusion of a marriage
which has met all the legal conditions. Similarly, the law on sexual violence of 20 July, 2006
amending and complementing the Decree of 30 January, 1940 on the criminal code provides
for a punishment of twelve years’ imprisonment and a fine of not less than 100,000 constant
Congolese Francs for anyone who gives out or forces a girl who has not attained the minimum
age into marriage. Furthermore, Articles 2 and 48 of Law No. 09/001 of 10 January, 2009 on
the protection of children set the minimum age for marriage for women and men at 18 years.
192. In this regard, the Government of the DRC, through the Ministry of Women, Family and
Children’s Affairs and with support from UNICEF, got involved in a huge national campaign to
combat early marriage in the course of this year. This activity is targeting both the urban and
rural areas, where the phenomenon is more serious.
193. According to the 2013-2014 DRC-DHS, women first enter into marriage at an earlier age
than men: the average age at which people first enter into marriage is 18.7 years for women
aged between 25 and 49 years and 24.2 years for men of the same age group. The average
age at which people first have sex is 16.8 years for women and 17.6 years for men. Women
have their first sexual encounter 1.9 years before their first marriage; for men, the difference
is 6.3 years.
REGISTRATION OF MARRIAGES (ARTICLE 6(0))
194. With regard to the registration of marriages to ensure their legal recognition, this provision
is applied in the DRC. In fact, Order No. 88/089 of 7 July, 1988 sets forth the rules on the
keeping of birth, marriage and death certificates and Article 391 of the Congolese Family Code
clearly stipulates that the registrar of births, marriages and deaths who celebrates or registers
a marriage must enter the certificate covering it into the register of marriages, while the model
of the marriage certificate is determined by a ministerial order.
195. Congolese law recognizes marriages celebrated in the family setting in accordance with
custom; this form of marriage is the most frequent in Congolese society which is
predominantly rural. However, once the marriage has been celebrated within the family
setting, it must be registered at the birth, marriage and death registry because it changes
the legal status of the person. Article 370 of the Family Code provides that during the month
following the celebration of the family marriage, the spouses and possibly their assigns must
appear before the registrar to have it established, published and registered. After the onemonth deadline specified under Article 370, the peace tribunal will take a decision on the
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