REFUGEES FROM GENERATION TO GENERATION UNHCR, APRIL 2023 in Congo, a birth certificate (or jugement supplétif), an attestation of permanent residence in Congo, as well as the declaration that the person wishes to acquire Congolese nationality. 197 Marriage Marriage provides no right to nationality in itself: an application for acquisition of nationality based on marriage must be approved by decree of the Council of Ministers and considered by the National Assembly.198 Naturalisation based on long residence Naturalisation can be granted to any foreigner resident for seven years who has rendered “eminent services” to Congo, or if naturalisation provides a “real interest with visible impact” for the country. 199 Naturalisation is by decree of the Council of Ministers, but does not enter into effect until voted on by the National Assembly. 200 There are no provisions on naturalisation in the refugee law; in principle refugees would, however, be eligible for naturalisation on the same terms as other foreigners – as noted below, however, naturalisation is in practice not accessible. The minor child of a person who has naturalised becomes Congolese by operation of law, without the need for a separate application. 201 Common conditions for acquisition of nationality All forms of nationality by acquisition (adoption, option, marriage, naturalisation) are subject to the same conditions, including seven years “permanent residence”, knowledge of one of the Congolese languages, good character and a clean criminal record in relation to a set of listed serious offences, as well as not having “engaged for the benefit of a foreign state, in acts incompatible with the status of Congolese or prejudicial to the interests of the DRC”.202 In addition to these conditions, the law establishes onerous procedural requirements for the declarations and applications for nationality based on birth and residence until majority, or by naturalisation based on seven years’ residence, including a birth certificate (issued in DRC or the country of birth, as relevant), a certificate electing domicile in the DRC, and other documents proving language competence, habitual residence, good conduct etc.203 In the case of naturalisation based on residence in DRC, the full list of documents required to submit an application is: formal election of domicile, birth certificate, proof of ability to speak a Congolese language, statements by the competent authorities that the person has been habitually resident in Congo f or seven years, and has had the centre of his or her interests in Congo for that period and has sufficient means, a certificate of good conduct, a formal criminal record check, a medical certificate, a report that the person has not conducted acts against the interests of the state, a supporting letter from an employer (if relevant), a certificate stating that the laws of the person’s country of origin provide for the loss of 197 Arrêté ministériel n° 261/CAB/MIN/J/2006 du 04 juillet 2006 portant certaines mesures d’exécution de la Loi n° 04/024 du 12 novembre 2004 relative à la nationalité congolaise, art.6 198 Nationality code, art.19. 199 Nationality code, arts. 11 and 12. 200 Nationality code, arts. 36 and 38. 201 Nationality code, art. 25 : ”L’enfant âgé de moins de 18 ans dont l’un des parents acquiert la nationalité congolaise devient Congolais de plein droit." 202 203 Nationality code, art.22. Nationality code, arts.34–39; Arrêté ministériel n° 261/CAB/MIN/J/2006 du 04 juillet 2006 portant certaines mesures d’exécution de la Loi n° 04/024 du 12 novembre 2004 relative à la nationalité congolaise. 62