Guidance

Democratic Republic of Congo: bereavement information

Updated 19 April 2023

1. Disclaimer

This information is not meant to be definitive, nor is it to be taken as a substitute for independent legal advice. Neither His Majesty’s Government nor its staff take any responsibility for the accuracy of the information, nor accept liability for any loss, costs, damage or expense that you might suffer as a result of relying on the information. Some of the information may not be relevant to your circumstances. The language used is intended to be general and factual, and is not meant to cause offence.

2. Democratic Republic of Congo: understanding towns and remote areas.

Democratic Republic of Congo is composed of twenty-six provinces and the main towns are the following: Kinshasa, Lubumbashi, Goma, Bukavu, Matadi, Kolwezi, Kisangani, Mbuji-Mayi, Mbandaka, Kananga, Beni, Butembo, and Kikwit,

Note that in DRC, there are some places where there are no access because of lack of good roads, or there are no road at all, or even for security reasons. In some provinces or towns, you may not find service as it is in the capital city.

It is important that you take advice from the Consular section of the British Embassy in Kinshasa before taking any decision.

3. Introduction

When a relative or friend dies abroad, the different procedures, laws or language can cause additional distress. You may be uncertain about what to do or who to contact.

This country specific information is designed to help you through some of the practical arrangements you may need to make. It supplements the general information on death abroad produced by the Foreign, Commonwealth and Development Office, which applies to all countries.

Please note, as each country has its own laws and customs when a death occurs, it may not be possible to make the arrangements that you prefer, or at the time you would like.

You should be aware that Congolese procedures differ significantly from those in the United Kingdom and that, while we understand your need for arrangements to be made quickly, this is not always possible.

4. How to contact the Foreign, Commonwealth & Development Office

There is a lot of information below, but you may have questions. You can speak to someone by phone 24/7, any day of the year by contacting the Foreign and Commonwealth Office in London on 0207 008 1500.

If you are not in the UK, you can find the contact details of the nearest British embassy, high commission or consulate online.

The priority of the Foreign, Commonwealth & Development Office is to provide assistance to British nationals overseas who need the most help. The level and type of assistance they can offer is tailored to the individual circumstances of each case.

5. Essential information

5.1 Next of kin

The next of kin of the person who died will usually need to make decisions and practical arrangements. The next of kin can sometimes appoint another person to act on their behalf.

If you are not the next of kin, they will need to be informed. If required, the Foreign, Commonwealth & Development Office can help you do this.

There is no legal definition of next of kin in the UK. Please note that if there is a disagreement over who is the next of kin, or the person who died did not choose a next of kin, this can cause additional complications.

Under the DRC law, the next of kin is any family members of the deceased. Children are considered as the first next of kin, followed by wife, parents, and brothers and sisters of the deceased. If any of those mentioned are not available, any members of the extended family can be considered as Next of kin.

Note that the DRC law does not recognise the marriage of same sex partners or spouses, and a same sex partner or spouse is not considered as next of kin.

5.2 Release of information to next of kin

The Foreign, Commonwealth & Development Office will try to obtain as much information as possible after your relative or friend has died abroad. Some of this may be only available to next of kin. Consular officers may be able to obtain this themselves, or they may put you in touch directly with the authorities overseas. They may be able to provide you with details of others who can advocate on your behalf such as lawyers, charities, or other organisations.

In DRC, there is no law or procedures applied when releasing information to the family. The person who has been identified as next of kin can get access to information concerning the deceased. This person may be a family member or a friend of the deceased.

The local authorities have the power to make international calls if the nearest next of kin is in the UK and if they have his or her details.

If the deceased died from natural death, the local authorities do not withheld information. However if the deceased died while he was in detention, or in suspicious circumstances, they may withhold some information from the family.

5.3 Insurance

It is very important to check if the person who died had insurance. If they had insurance, contact the insurance company as soon as possible. They may have a list of approved funeral directors to help you make arrangements, or be able to cover some of the costs.

In DRC, there is no specific issues concerning insurance. It works like everywhere in the world.

If the person who died did not have insurance, the next of kin will usually have to appoint a funeral director and will usually be responsible for all costs. The Foreign, Commonwealth & Development Office cannot help with these costs.

5.4 Appointing a funeral director

If you decide to bring the deceased to the UK for the funeral or cremation, you may only need to appoint an international funeral director. The Foreign, Commonwealth & Development Office produces a list of international funeral directors based in the UK.

If you decide to hold a funeral in DRC, you can find a list of funeral directors in DRC

Next of kin can contact a funeral director who will gather all the papers required and authorisations from the local authorities, and then organise the repatriation to UK or burial in DRC.

5.5 Registering the death and obtaining a death certificate

You will need to register the death with the local authorities in the country where the person died. Sometimes a funeral director can do this for you. You will usually need documents about you and the person who has died, which include information such as full name, date of birth and passport number.

There is no central records system in DRC. Medical certificate of death is issued by a doctor at the hospital where death occurred or where the deceased was taken. It can take several days. The death certificate will usually be in French and will states the date, place, and cause of death.

Further copies of this certificate can be obtained from the hospital. Issuance of the death certificate and additional copies will normally carry a fee, although the cost can vary depending on the hospital.

The local authorities will need to be told if the person suffered from an infectious condition such as hepatitis or HIV so they can take precautions against infection.

You do not need to register the death with the UK authorities. The local death certificate can usually be used in the UK for most purposes, including probate. If it is not in English, you will need to obtain and pay for an official translation.
In general, in DRC working hours from local government offices is from 07h30 to 16h00. However, most officers arrive late at work place, sometimes at 10h00.

On public holidays, all offices are closed. If death occurs during a public holiday, the death certificate can be issued the day after the public holiday.

5.6 Consular death registration

The British Embassy in DRC is no longer able to accept death registrations. A DRC death certificate should be internationally recognised and valid in the UK, but you may want to translate it into English.

Our Embassy can provide you with contact details for local translation companies if you wish. There is no legal obligation for you to register the death of a British national overseas with the General Registry Office in the UK, but you can do so if you wish.

This service carries a statutory fee for the registration and an extra fee if a copy of the death certificate is required. If you wish to do this, you can find more information and apply online.

5.7 Post mortem examinations (autopsies)

It is normal for autopsies to be conducted in DRC when there is a doubt as to the cause of death or if the death occurred outside a hospital or health centre. If the circumstances of the death were not unusual, registration of the death is permitted and the deceased will be released for repatriation or burial within a few days. However, if the police are not satisfied after a preliminary examination of the facts, an autopsy may be required.

Autopsies are performed at the request of the attorney general with jurisdiction for the location where the death has occurred and are carried out by appointed forensic doctors. This can happen without the authorisation of the next of kin and may take place as soon as the deceased reaches the mortuary.

However, the authorities may be able to accommodate any special requests made by the next of kin. Your local undertaker will likely arrange the following documentation in the event an autopsy is required:

1. Medical Death certificate, issued by a doctor
2. Certificate of identification of the deceased person, issued by the judicial police and the district prosecutor (in the event of a violent and/or sudden death)
3. Medical (Autopsy) Legal Report, issued by an official police/prosecutor doctor

In cases of sudden or unexpected death whether by accident or misadventure, or where a person dies unattended, the police will prepare an initial report of their findings.

However, if death was caused by a criminal act the police will be ordered to conduct a full investigation and the State Prosecutor will then decide whether to prosecute. This can sometimes delay the release of the body.

5.8 Mortuary facilities

The deceased will normally be kept at a local hospital mortuary. Standards vary widely and can be basic. There are facilities for temperature-controlled storage in Kinshasa but this may not be possible in other provinces. Although we will do everything we can to ensure the deceased is kept in an appropriate storage, however we cannot guarantee the quality of the conditions. A daily charge is applied to the mortuary.

Most mortuaries provide an embalming service before repatriation. The following documentation will usually be required for embalming:

1. Medical Death certificate, issued by a doctor
2. Certificate of identification of body
3. Autopsy report (if applicable)

5.9 Burial, cremation, repatriation

The next of kin of the person who has died will usually need to decide between a local burial, cremation or bringing the person home, which is known as repatriation. Your funeral director will usually be able to explain the options available, the costs, and help you make arrangements.

Following the death of a British national in the DRC, the next of kin, or a formally appointed representative, must decide whether to:

• repatriate the deceased to the UK
• hold a local burial

Cremation is not available in the DRC due to local traditional beliefs. Cremation is possible in the Republic of Congo but this will require moving the deceased to Brazzaville by ferry.

If the deceased was covered by travel insurance, the insurance company will normally have a standing agreement with an international funeral director in Britain to arrange repatriations. If the deceased is not covered by insurance, the next of kin will need to appoint an international undertaker in the UK. A list of these companies is at the end of this document.

Few local undertakers in the DRC are equipped to carry out repatriation procedures and may not be able to provide the special caskets required for the international carriage of the deceased quickly. However, working with the international undertaker, they will be able to arrange a local civil registry death certificate, a certificate of embalming, and a certificate giving permission to transfer the deceased to the UK, which are required to repatriate the deceased. Some airlines may require a copy of the deceased’s passport.

In certain circumstances, repatriation may not be possible. Our consular staff will try to inform next of kin as soon as possible if this is the case.

A coroner in England or Wales will normally hold an inquest if the person died a violent or unnatural death overseas and their body is returned to their district. Different rules apply in other parts of the UK. The coroner in England or Wales will request relevant documents from DRC. However, these will only be provided once any investigations have been completed in DRC, which could take some time.

Burial in DRC can be arranged through the local undertakers. Please note that cemeteries in the DRC can be overcrowded and multiple occupancies of plots does occur. A list of local undertakers is available at the end of this document.

An inquest will not take place in the UK if a local burial or local cremation takes place in DRC or the Republic of Congo. Please note if a local burial or cremation takes place, then an inquest in the UK will not be possible. For more information on inquests, see the information on UK coroners and inquests.

5.10 Return of personal belongings

Unless required by the police/ local authorities as part of an investigation or as evidence, personal effects should normally be returned to next of kin, or their authorised representative, without any formalities. If personal effects need to be returned to the UK and next of kin are not present in DRC, the British Embassy can assist with making arrangements by commercial means but this will be at the family’s expense.

Please note, the British Embassy, High Commission or Consulate cannot take responsibility for the personal belongings of the person who died.

5.11 Steps to take in the UK

You can find more information on the steps to take in the UK online. This includes information on arranging the funeral, telling the government about the death, UK pensions and benefits, and dealing with the estate of the person who died. There is a step-by-step guide on gov.uk.

5.12 British passport cancellation

In order to avoid identity fraud, the passport of the person who died should be cancelled with His Majesty’s Passport Office (HMPO). To do this, you will need to complete a “D1 form”.

The form, and instructions on where to send it is available online.

If you plan to repatriate the person who died to the UK, you may require their passport to do this. In these circumstances, you should cancel the passport after they have been repatriated.

6. Further Information

6.1 Child deaths

In DRC, child death follows the same procedure as that of an adult. The remains of a child can be repatriated following the same procedures as for an adult. Parents or family will pay for repatriation or burial. There is no social services in DRC who covers child funeral’s expenses; gets involved neither in the process of repatriation nor of the local burial of the child’s body.

If child’s death is suspicious, the local authorities can withhold the body for investigation and release it once investigation ends. There is no information about surrogate mother.

6.2 Deaths in road traffic accidents

When death occurs because of road traffic accidents, the Congolese authorities may withhold the body for investigation purpose, and checking insurance from both sides. Body will be released after completing investigations. Sometimes it can take longer, more than a month.

6.3 Deaths investigated as murder or manslaughter

If the local police have confirmed that they are investigating the death as a murder or manslaughter a dedicated team within the Foreign, Commonwealth & Development Office will be available to provide support, including by referring you to a specialised organisations. You can find more about what they can do online.

You should note that if the deceased is repatriated to parts of the UK a coroner or procurator fiscal may decide to hold an inquest. See the section on UK Coroners and inquests below.

In the DRC, if there is a case of murder and manslaughter, the Police can investigate only if the family or friends express their desire to have the case investigated. Otherwise the case will be dropped. If the family expresses their desire to have their case investigated, the Congolese Police will start investigating and then handover to the magistrate who will lead the investigation but will still work hand in hand with the Police.

The Magistrate updates the family as the case is evaluating. Sometimes the family has to push to have these updates. When a suspect has been detained but then let go, they can still investigate if the family wants to. Note that in DRC, there is no timing for a trial, sometimes it can take years before the sentence is declared.

In 2020, the homicide rate for the Democratic Republic of the Congo was 13.5 cases per 100,000 population. There is no specific procedure for deaths from terrorism.

6.4 UK coroners and inquests

If you repatriate the person who died to England and Wales there may be an inquest. The decision on when to hold an inquest is made by His Majesty’s Coroner. Please note, an inquest will usually only happen in certain situations, for example, when someone has died in suspicious, unnatural, and violent circumstances or whilst in detention. If the person who died is cremated and only their ashes are brought home, there will not be an inquest.

If you repatriate the person who died to Scotland, the Procurator Fiscal may decide to call for a Fatal Accidents or Injuries Inquiry.

If you repatriate the person who died to Northern Ireland, there will be no coronial inquest or further inquiry.

Please note, Procurators Fiscal and Coroners do not have jurisdiction in another country, nor do they seek to apportion blame to a named individual.

You can find more information on Coroners and the Procurator Fiscal in the Foreign, Commonwealth & Development Office guide on Death Abroad.

6.5 Legal Aid

Legal Aid is available for legal representation in the DRC but the service received is often extremely poor. Access to information other than post-mortem and police reports can be restricted, and you should consider engaging the services of a local lawyer if you want more detailed feedback following a police enquiry DRC.

Please see our list of English speaking lawyers if you would like more information.

6.6 Compensation

No government compensation scheme is available.

You can find information on UK compensation for victims of terrorism overseas online.

6.7 Translation and Interpretation

French is the official language in the DRC. English is spoken at a low level, since it is a subject taught at secondary school and at university. Only few people can speak English.

The local authorities do not provide translation or interpretation. You need to contact local translators and interpreters recognised by the local authorities.

7. Additional support

7.1 Local support organisations

There are no local support organisations known in the DRC.

7.2 Support organisations in the UK

In the UK, many organisations can help bereaved families. Some of these are listed in this guide.

8. Annex

List of local funeral directors

Every care has been taken compiling this list. However, neither His Majesty´s Government nor the British Embassy in Kinshasa can act as guarantor of the competence or probity of any particular company, nor can they be held responsible in any way for consequences arising from advice accepted or action initiated.