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Periodical article Periodical article
Title:La protection judiciaire de la liberte de manifestation en République Démocratique du Congo
Author:Nsenda, Martin Milolo
Year:2018
Periodical:KAS African Law Study Library (ISSN 2363-6262)
Volume:5
Issue:4
Pages:578-590
Language:English
Geographic term:Congo (Democratic Republic of)
Subject:law
Link:https://www.nomos-elibrary.de/index.php?doi=10.5771/2363-6262-2018-4-578
Abstract:The freedom of demonstrations is one of the fundamental rights recognized to congolese citizens in the constitution (article 26) and allows the exercise of other rights such as freedom of expression, the right to participate in the management of public affairs. it is an effective means of citizen control of the action of public institutions and respect for the constitution. the very application of article 64 of the constitution which enshrines the popular insurrection to protect the constitutional order, inevitably passes by the freedom of demonstrations. however, its exercise in the democratic republic of congo (drc) is dependent on several restrictions insofar as it is highly monitored by the rulers. peaceful marches are regularly repressed or banned despite the information regime enshrined in the constitution (article 26.2). it raises the question of how the judiciary as the protective institution par excellence of the fundamental rights and freedoms of citizens, it protects the freedom of demonstrations in our country? in a transversal way, the study would like to take stock of the protection of the freedom of demonstration by the judicial power in the drc.
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