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Politics

The Government System of the Republic of the Congo (Congo-Brazzaville)

On to the 2nd Congo country, this one is smaller (in territory size) than the other much larger Congo and also doesn’t sport the “Democratic” word in its name but that doesn’t mean it isn’t a democratic country, although its democracy is described as flawed. A way people often distinguish the two countries is by saying Congo-(Capital city). Congo-Brazzaville is located in Central Africa and borders four other countries and the exclave of another (so technically borders five countries), these are Democratic Republic of the Congo, Central African Republic, Cameroon, Gabon and Angola’s Cabinda exclave and also has a small coast along the Southern Atlantic Ocean. The country’s capital city, Brazzaville, is located in the south-east of the country along the Congo River on the border with the DRC and facing its capital Kinshasa.

The land was originally inhabited by Pygmy peoples and then Bantu-speakers that displaced the former and a number of kingdoms formed in the area. Eventually the Portuguese discovered the area and major trading begun with the Bantu Kingdoms, but with this also came European colonization in the late 19th Century, which lessoned the power of the Bantu societies.

After some time, the area came under French sovereignty in 1880 and became known as the French Congo, which included present-day Republic of the Congo as well as parts of Gabon and the CAR, the area later was called Middle Congo and was incorporated into French Equatorial Africa in 1908. During WW2 the area of the Republic of the Congo, specifically its capital Brazzaville, became an important symbolic capital for Free France, due to the Nazi occupation in the mainland. In the postwar period Congo benefitted from colonial administrative expansion and increased infrastructure spending and was also given a local legislature.

After the establishment of the Fifth Republic in France in 1958, French Equatorial Africa dissolved into autonomous colonies within the French Community and Middle Congo was renamed to the Republic of the Congo on this year as well. The colony published its first constitution in 1959 and then was granted full independence from France in 1960.

After that the country went through an unstable time with ousting’s, attempted coups and also becoming a one-party Marxist-Leninist state and garnering close relations with the Soviet Union, China, North Korea and North Vietnam and allowing Cuban troops into the country to train Party militia, who also helped to foil a coup attempt. More attempted coups, an assassination and ousting’s followed. There was a brief period of multi-party democracy from 1992 but a following civil war disrupted this.

Politics remains unstable in the country and violence from rebels can sometimes flare up, democracy is also seen as flawed with the current President Denis Sassou Nguesso having served since 1997 after the conclusion of the Civil War and having the constitution amended to allow him to keep running for subsequent re-election.

The country’s official language is French and other national recognized languages include Kikongo, Kituba and Lingala. The largest ethnic group are the Kongo followed by the Sangha, Teke and M’Bochi. The largest religion is Christianity. The country’s population, growing at a much slower rate than the other Congo, is estimated to reach 5,293,070 by July 2020.

Government Type

Republic of the Congo Coat of Arms.

The Republic of the Congo is a semi-presidential Republic with a President who is Head of State and a Prime Minister who is Head of Government, the post of Prime Minister has been abolished and reinstated on a number of occasions, with the post only recently being reinstated in 2016. There is a bicameral parliament made up of the National Assembly chamber and Senate chamber that make up legislative government. Multiple parties are allowed.

Executive Government

Denis Sassou Nguesso (President of the Republic of the Congo since 1997). Image in Public Domain.

As already stated, the President is Head of State and represents the country abroad through diplomatic and foreign affairs and the Prime Minister is Head of Government. The President has a number of executive powers at its disposal.

If the President has definitive incapacity or permanent vacancy then the President of the Senate will become interim leader, if that isn’t possible then the President of the National Assembly will and if that isn’t possible then the Prime Minister will, they will hold the post with limited powers while new elections are organised.

The President appoints the Prime Minister from the largest party or from a coalition after parliamentary elections. On proposal from the Prime Minister, the President appoints members of the government and terminate members. By decree the President establishes the attributions of members of Government. The President presides over the Council of Ministers.

The President within 15 days (or 5 days if both chambers declare urgency) promulgates laws passed by the bicameral parliament. The President can choose to send a law bill back for a second deliberation and requires a two-third vote from a joint-sitting of Congress to pass the bill again, if passed the President can still refuse to promulgate it and in this case either the President himself or one of the President’s of the Congress can refer the bill to the Constitutional Court to check on conformity with the law/constitution, if the Constitutional Court declares that the bill conforms with the constitution then the President must promulgate it or he can submit it for a National Referendum, which if it is the case and the public adopts the bill then the President must promulgate it with no further options.

The President signs the ordinances and decrees that have been deliberated on by the Council of Ministers.

The President is the Supreme Chief of the country’s armed forces. The President presides over the Committee of Defense, the superior organs of orientation, of follow-up and of strategic decision in matters of defense and security. The President appoints in the Council of Ministers to the high civil and military offices.

In the President’s role in diplomatic and foreign affairs, appoints ambassadors and envoys to foreign powers and organizations and accredits foreign ambassadors and envoys.

The President of the Republic has the right to pardon from crime. The President presides over the Superior Council of the Magistrature. The Minister of Justice is the First Vice-President of this Council and can substitute as its President for the President of the Republic. The other members are the First President of the Supreme Court, the Procurator-General, the Vice-President and the First Advocate-General.

The President of the Republic guarantees the independence of the Judicial system through this Council. Members of the Supreme Court and the magistrates of the other national jurisdictions are appointed by the President of the Republic by decree through this Council.

The Constitutional Court has nine members, three appointed by the President of the Republic, two by the President of the Senate, two by the President of the National Assembly and two by the Supreme Court from among their jurisdiction. The President of the Republic appoints the President of the Constitutional Court from among their members. Members serve 4-year terms which are renewable twice, at least six of the members enjoy experience in the domain of law.

The High Court of Justice trials the President of the Republic for High Treason or other things stated in the constitution and can also trial the Prime Minister, members of the legislature, government members and other public officials. It is made up of Deputies from the National Assembly and Senators from the Senate elected in equal number and also equal numbers from the Supreme Court elected by their peers. The First President of the Supreme Court presides over the High Court of Justice.

The President can be granted exceptional powers after consultation with the Prime Minister and Presidents of the legislature during extraordinary times and due to states of emergency/siege. The Parliament during these measures meets of plain right and gives consent to the lengthening of exceptional powers.

All of the President’s powers except for government appointments; promulgation and holding of referendums on law bills; and usage of granted exceptional powers, require counter-signature by the Prime Minister to have effect.

The Prime Minister is Head of Government and Ministers and in concert with the President determines the economic and social policy of the nation. The Prime Minister is responsible for the conduct of economic and social policy before the National Assembly and responsible for keeping their confidence. The Prime Minister assure execution of law and regulates matters other than those arising from decrees in the Council of Ministers.

The Prime Minister can appoint to the civil and military employments other than those provided for in the Council of Ministers or by decree of the President. The Prime Minister can substitute for the President in the presidency of the Councils of Defense, including superior organs of orientation, monitoring and strategic decisions in matters of defense and security.

The Prime Minister convokes and holds the Council of the Cabinet and presides over inter-ministerial committees.

When the Prime Minister has entered into their position they will present a program of action of the Government to the National Assembly, but it is not debated or voted on and so unlike in many other countries governments where it acts as a first test of confidence in a new government, this is not the case here. The Prime Minister can though, after deliberation with the Council of Ministers, can put forth the responsibility of Government on its program, on a declaration of general policy or on a bill. If 2/3s of the members vote no confidence then the Prime Minister and Government resigns.

Acts by the Prime Minister are counter-signed by a Minister or ministers responsible for their execution to have effect.

Legislative Government

Photo of Downtown Brazzaville. The Legislature is located in this city. Image in Public Domain.

The legislative government is made up of a bicameral parliament consisting of the National Assembly and the Senate. It, as all legislatures, introduces, debates, amends and passes laws off to be promulgated by the President of the Nation. Extraordinary sessions of parliament can be convoked by the President of the Nation through the Presidents of the Parliament or by an absolute majority of members. Both members of each chamber and the Government can use mechanisms such as commissions in each chamber to introduce new legislation, commissions reflect the make-up of the respective chamber as much as possible. Bills of law are deliberated on in the Council of Ministers after the opinion of the Supreme Court and then transmitted to one of the parliamentary chambers.

A law bill needs to pass both houses to be considered for promulgation, if there is a disagreement over a bill between the two chambers then the Prime Minister can set up a mixed parity commission that includes a representation from both chambers who come to an agreement on the bill and then present it back to the parliament, if it still fails to pass either chamber then the Prime Minister can demand the National Assembly to make a definitive decision.

Both the National Assembly and Senate have their own Bureau which includes the President of the respective chamber, two Vice-Presidents, two secretaries and two treasurers. The Presidents determine agenda in each chamber through the respective bureau and they open and close sessions. They also regulate debate and make sure chamber rules are followed. The Presidents of the respective chambers are elected by the members. Internal regulations of the respective chambers are set and agreed upon.

Parliament also gives consent to tax/money bills, the state Budget and controls its execution.

Sittings of the chambers of parliament are open to public by default but can be closed at the demand of the President of the Republic or by the Presidents of the respective chamber or by a vote of at least one-third of members.

The parliament gives authorization to declarations of war, if parliament cannot sit then the decision of declaration of war is taken in the Council of Ministers by the President of the Republic. The parliament also gives consent for an extension of emergency provisions such as exceptional powers.

The President of the Republic dissolves the National Assembly ready for fresh elections, either for usual schedule or due to the Prime Minister asking for a dissolution after consultation with the parliament Presidents or the President of the Republic doing the same due to persistent crises between the Government and Parliament.

Joint sittings of parliament can be convoked by the President of the Republic and the Bureau, including the President of the National Assembly will preside over this Congress.

The National Assembly, the lower chamber of Parliament, currently has a set 151 members (which can be amended/changed through electoral law).

The National Assembly has the exclusive power to bring forth a motion of censure against the government, which if successful will lead to the resignation of the Prime Minister and his government. Such a motion requires 1/4th of members to bring forth and a 2/3s vote for it to lead to the Prime Minister and Government resigning.

The Senate, the upper chamber of Parliament, currently has a set 72 members.

Electoral System

Photo by Jfblanc from Wikimedia. Source.
Sources

The source for this post is from the country’s 2015 constitution on constituteproject.org and so is as accurate as possible but the possibility remains that I could have mis-interpreted some things and of course the constitution can always change and so this post may become outdated and so if you are using this post in a serious capacity it is suggested to cross-check. Also got some information such as on the population from the Republic of Congo entry on the CIA World Factbook.

The country’s constitution can be changed at the suggestion of the President of the Republic where it will be reviewed by the Supreme Court and then either submitted to National Referendum or a joint-sitting of parliament, which would decide on it by a three-quarters of its members.

Parliament members can bring forth a constitutional amendment which will again be decided on by a joint-sitting of parliament and by a three-quarters majority needed to pass.


Next up will be the government system of Costa Rica.

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