Our submission to the DRC Government to solve the problematic of refugees

Advocacy working document to resolve the problem of Migrant Forces in the Democratic Republic of Congo

Presentation

The Collective of Young Solidarity Organizations of Congo-Kinshasa (COJESKI/RDC, Coordination of North Kivu) mainly deals with the problem of Migrant Forces throughout the republic, we are more specialized in the rights of refugees, Internally Displaced Persons, and survivors of natural disasters among many others. So to carry out its work properly, the COJESKI North Kivu Coordination carries out activities throughout the DRC through focal points. COJESKI North Kivu is a member organization of the New Dynamics of Civil Society (NDSCI),

Introduction

The Democratic Republic of Congo has a long history of receiving refugees who seek asylum and this will continue even in the future, for us exile is a part of human nature and the DRC must prepare to receive those who come.

With the aim of preparing ourselves for appropriate responses and being vigilant of the political situation in countries around us such as Rwanda, Uganda, South Sudan, Sudan, Central African Republic, Cameroon, Congo- Brazzaville we can observe the political risk of causing an influx of refugees in the years or months to come.

This document essentially focuses on urgent solutions for refugees in the DRC regardless of the period from which the person arrived, with particular attention to those who have arrived since 1959 until today.

Suggested solutions

A new law on refugees and putting aside the law of 2002,

The overhaul of the CNR and the replacement of all the Facilitators, this will be the establishment of new Facilitators who will be closer to the refugees and work for their protection,

The establishment of an operational policy for the management of refugees on Congolese soil, from entry into the country from the border, transit centers, refugee camps, camp management, interviews, and humanitarian aid,

Problematic

Unlike other countries, refugees on Congolese soil are the cause of many security incidents, cohabitation, an economic problem, the degradation of nature among many others. Thus this document will essentially focus on the management of refugees, asylum seekers, internally displaced persons, and Congolese refugees in several countries around the world.

Refugee management

This management requires a law, and as you know COJESKI North Kivu has already found the weaknesses of the law, and has already proposed a new law for the management of refugees on Congolese soil. We ask the Congolese Government to pass this new law in Parliament. We are certain that this law will be able to resolve the problem to more than 70% on Congolese soil,

The structure of the Government that deals with refugees

The National Commission for Refugees (CNR) which was established in 2002 did not resolve the problem, on the contrary the CNR is part of the refugee problems. The CNR does not have a refugee protection policy, on the contrary the CNR discourages protection through often forced repatriations, the agents of the CNR are said to be a group set up by the Rwandan regime to facilitate the return of refugees, the CNR has not been able to implement projects that would facilitate the cohabitation of refugees with local populations, generally the protection of refugees takes place in the community or often the CNR does not exist.

The Politicization of Refugees

Especially in North Kivu, political actors use refugees to win elections, to conquer power and to exercise political influence, and often the CNR is absent perhaps since the CNR is part of this strategy to know how to make these refugees feel guilty. .

The inability to know who is a refugee and who is not, especially in the North Kivu

The refugees in North Kivu are not identified and do not have documents, so it seems difficult to know who is a refugee and the local population does not know how to help the refugees, a large part of the refugees are not visible and are not identified to separate them from local communities.

The local population

The lack of information at the local level on the problem, the role and the obligations of the local population on the ways in which refugees can easily be received.

The absence of refugee camps

Refugees exist in the DRC but do not have camps, although this would promote their protection and help local populations share solidarity with these refugees.

Refugee management actors

For a long time we have observed that the leaders of the CNR and the HCR in North Kivu are either more affiliated with Rwanda or only Rwandans camouflage as Congolese, unfortunately these actors are all already known by the refugees and this is causing a major crisis of trust between the refugees and the facilitators of the CNR, and UNHCR, agents who reside in Rwanda, facilitators who are considered intelligence agents of Rwanda. A category of refugees is used by Rwanda as intelligence agents in North Kivu in complicity with the CNR and UNHCR actors.

Relocation of refugees

It is observed that refugees, especially Rwandans, reside right at the border, especially in the Mapendo and Bujovu districts, although this is contrary to the Geneva Convention. Refugees, especially in North Kivu, must be relocated far from the border of their country, especially towards Maniema, Ituri or Tshopo,

Refugee security

The infiltration of security services, especially in North Kivu and South Kivu, where Rwanda comes to take refugees by force, murders and massacres them in the total silence of all the actors who must participate in the protection of refugees.

Accountability of UNHCR to the Congolese State

Refugee management is a shared responsibility between the Congolese Government and UNHCR, although the government must provide security, land and rights, UNHCR must provide humanitarian aid, support development projects in the local populations, as well as justice for the harm committed by the presence of refugees.

Promoting sustainable solutions

The Democratic Republic of Congo must put in place lasting solutions, in particular making a priority of the resettlement of refugees to a third country, especially developed countries, but also the possibilities of the integration and naturalization of refugees on Congolese soil.

Congolese Refugees Abroad

The structure which will deal with refugees in the DRC will be able to work closely with the Ministry of Foreign Affairs to properly control the situation of Congolese refugees abroad, by setting up refugee leadership, and focal points to monitor, to mobilize and to share information with refugees as well as collecting necessary information on the situation of refugees abroad.

Internally Displaced People

The management of IDP camps in terms of who exactly manages these camps and how these camps are managed, the Government should put in place its own structure to manage IDP camps, the CNR has neither the legal basis nor expertise to manage the IDP camps. Internally Displaced Persons, the CNR has neither mandate nor human resources, it is the same thing for the UNHCR, internally displaced persons are not the priorities of UNHCR and the management of the camps must not be abandoned in the hands of the International organisations.

Humanitarian aid to internally displaced people

The management of humanitarian aid, the availability of humanitarian aid to displaced people would be among the Government’s priorities by mobilizing actors at all levels as well as the international community,