U.S. Committee for Refugees and Immigrants World Refugee Survey 2006 - Congo-Kinshasa

Refoulement/Physical Protection

In 2005, there were no reports of refoulement from the Democratic Republic of Congo (Congo-Kinshasa).

The Government continued to honor its 2002 Refugee Law, which codified the right to asylum guaranteed in the 1951 Convention Relating to the Status of Refugees and the 1969 Convention Governing the Specific Aspects of Refugee Problems in Africa. The Refugee Law and a 2003 decree designated the National Commission for Refugees of the Ministry of the Interior to decide asylum cases with review by an Appeals Commission.

Congo-Kinshasa kept its borders open to asylum seekers. The Government required asylum seekers to present themselves to local authorities within 30 days of entry into the country. There were no major influxes of refugees, but the Office of the UN High Commissioner for Refugees (UNHCR) conducted a registration process that counted an additional 45,500 Angolans and 33,900 Rwandans compared to previous figures.

Widespread fighting in the east of the country displaced tens of thousands of Congolese nationals and prevented many of the more than 20,000 returning Congolese refugees from returning to their homes. Many Congolese Tutsi repatriating to the South Kivu region reported that non-Tutsi Congolese harassed them, but there were no reports that the Government prevented the returns as it had in the past.

Several thousand Congolese refugees repatriated from Tanzania, Zambia, Burundi, Kenya, Mozambique, and South Africa. Many had been living in exile for up to a decade, often in settings deprived of basic rights.

Detention/Access to Courts

Police sometimes detained those with refugee status documentation, disregarding and even tearing up the documents, and refugees traveling without documents were also subject to short-term detention but there were no reports that the Government detained refugees or asylum seekers for illegal entry.

The Refugee Law mandated that the Government provide identification documents to refugees free of charge, a function UNHCR performed. In urban areas, UNHCR issued identity cards with photographs to each adult refugee. In rural camps and settlements, it issued cards without pictures to each family. The Refugee Law granted refugees the same access to courts as nationals, but the Congolese judicial system functioned poorly and was subject to government influence and corruption. Authorities in prisons and jails widely accepted bribes.

Freedom of Movement and Residence

The Refugee Law granted refugees freedom of movement subject to the same restrictions applied to foreigners generally. In zones of continuing conflict and instability, refugees had to obtain a one-time travel authorization from local authorities who often demanded bribes. Many refugees traveled without authorization or presented passenger tickets as proof of travel. Those without any identity documents risked police and military harassment at mobile checkpoints and even short-term detention.

In most rural settlements, refugees integrated among Congolese villagers. Those refugees who chose not to reside in the camps or rural settlements did not require special permission to move to urban areas.

The Refugee Law mandated that the Government provide refugees with free renewable international travel documents. In practice, applicants had to demonstrate specific reasons for travel, such as resettlement offers, need for medical evacuation, enrollment plans at an educational institution, or evidence of imminent plans for travel – such as plane tickets. The Government issued 19 such documents in 2005.

Right to Earn a Livelihood

The Refugee Law granted refugees the same right to professional employment as nationals, but the Fair Labor Standards Act regulated access to employment and reserved certain professions for nationals. The Government discriminated against refugees seeking public employment.

Many refugees owned property for farming, operated businesses, and owned bank accounts despite the absence of any law protecting their right to do so. In urban and rural regions, refugees engaged in all forms of unofficial labor, such as farming, trading, tailoring, and mechanical repair, and did not require special authorization.

Public Relief and Education

The Refugee Law granted refugees the right to social assistance, health services, and education on par with nationals. The 2003 decree mandated that the Government, according to its means, meet all refugee needs, including food, lodging, health, and education. While the Government allowed humanitarian agencies access, UNHCR discontinued rations to refugees in the camps during the year.