Recent announcements from the Ministry of Justice in Kinshasa have caused confusion among NGOs and other associations in the Democratic Republic of Congo. Indeed, the deletion of folio 92 (F92) aroused strong reactions and raised many questions as to the consequences of this decision.
The F92, which was traditionally given to applicants for legal personality as an acknowledgment of receipt, saw its deletion decided on June 20. This measure, taken by the Minister of Justice Constat Mutamba, was justified by the desire to respect the regulations in force and to avoid any abuse linked to obtaining legal personality.
However, according to the Center for Research and Studies on the Rule of Law in Africa (CREEDA), the cancellation of F92 goes against the law in place concerning the functioning of NGOs and associations in the DRC. Indeed, F92 holders could implicitly consider the requested legal personality as granted if no favorable decision was taken by the ministry after six months.
Faced with this situation, many questions persist. Why did the Department of Justice decide to remove F92? What happens to F92s issued before this date and what steps must holders take to obtain their legal personality? These questions remain unanswered and require clarification from the relevant authorities.
In a context where transparency and legality are more essential than ever, it is essential that government decisions are taken in compliance with the texts in force and in the general interest. NGOs and associations play a crucial role in Congolese society and it is imperative to guarantee a clear and stable legal framework to enable them to fully fulfill their mission.
It is therefore necessary for the Congolese government to clarify the situation and put in place measures to ensure the legal security of civil society organizations. The removal of the F92 should not be a source of confusion, but on the contrary, be an opportunity to strengthen trust between the State and civil society actors to promote an environment conducive to the development and fulfillment of all.
In conclusion, the removal of the F92 by the Ministry of Justice in the DRC raises important questions about its impact on the functioning of NGOs and associations. It is crucial that clear answers and adequate solutions are provided in order to guarantee the stability and legality of civil society activities in the country.