Proposing New Refugee Law in the Democratic Republic of Congo

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Democratic Republic of Congo Refugee Law, 2024, this is Google Translation the Original French Version in here attached “ACTE SUR LES REFUGIES EN RDC FRANCAIS ONE

Preamble

Considering that the Democratic Republic of Congo has been, is and will remain a host country for millions of asylum seekers, refugees and other forms of forced migrants throughout its history,

Noting that millions of asylum seekers, refugees and other forms of forced migrants have settled and lived in the DRC over the years without a clear legal status defining their presence, while their stay is inconsistent with the Constitution and immigration laws in the DRC,

Noting the need to create better conditions in which each asylum seeker, refugee and other form of forced migrant living in the territory of the DRC can enjoy their rights and duties,

Aware of the challenges that have existed in the DRC regarding the legal and social status of forced migrants, refugees, asylum seekers, and the need to put things in order for adequate management that promotes the rights and duties of these categories of people,

We have therefore proposed this bill which focuses on forced migrants, refugees and asylum seekers who entered the Democratic Republic of Congo throughout its history, and at the same time put in place mechanisms that will manage future forced migrants, refugees and asylum seekers on Congolese soil.

Introduction

This Refugee Act aims to provide new provisions for matters relating to refugees, asylum seekers and other forms of forced migrants, in accordance with Article 14 of the Universal Declaration of Human Rights of December 1948, the Geneva Convention of 1951, the African Union Convention on Refugees of 1969, the Constitution of the Democratic Republic of Congo of 2006 and revised in 2011 relating to the status of refugees and other international obligations of the Democratic Republic of Congo relating to the status of refugees; to create a Congolese National Directorate for Refugees (DNCR); and to be able to answer other questions about the context.

Thus this bill will repeal the law of 2002 and any other provision in force on forced migrants, refugees and asylum seekers,

Refugee law in the Democratic Republic of Congo

Based on chapter 2, article 10 of the Constitution of the Democratic Republic of Congo which defines who is a Congolese Citizen, and chapter II, article 33 on human rights, fundamental freedoms and duties of citizens and the state,

The law was considered urgent in order to help the country respond to the urgent needs of refugees, asylum seekers and other forms of forced migrants on Congolese soil whose legal personality remains a subject of debate,

CONSENT DATE: _______

Start date: See section 1(2).

IT IS ADOPTED by Parliament as follows:

PART I—PRELIMINARY

1. Short title and beginning.

(1) This law may be cited under the title “Law on Refugees in the Democratic Republic of Congo of 2024”.

(2) This law will come into force on the day it is adopted by Parliament and promulgated by the President of the Democratic Republic of Congo,

2. Interpretation

In this Act, unless the context otherwise requires,

The Constitution of the DRC means the current constitution of the Democratic Republic of Congo,

“African Charter on Human and Peoples’ Rights” means the charter adopted by the OAU at the Assembly of Heads of State and Government held in Nairobi, Kenya, on June 26, 1981;

“African Charter on the Rights and Welfare of the Child” means the charter adopted by the OAU during the 26th session of the Assembly of Heads of State and Government held in Addis Ababa on July 11, 1990;

“Appeal Subcommittee” means the Refugee Appeal Subcommittee established under section 16 of this Act;

“Non-citizen” means a person who is not a citizen of the Democratic Republic of Congo;

“Authorized Agent” means a person mentioned or designated as such under Article 43 of this Law;

“Asylum seeker” means a person who has made an application for refugee status under Article 19 of this Law or who intends to make an application; or who entered Congolese soil to seek protection, or descend from forced immigration whose legal status poses a problem in the DRC,

“Clearly abusive applications” or “manifestly unfounded applications” means applications which are clearly fraudulent or do not meet the criteria for granting refugee status under the Geneva Convention, the OAU Convention and this law ;

“Director General” means the Director General for Refugees appointed under Article 9 of this Act;

“Convention on the Elimination of All Forms of Discrimination against Women” means the Convention adopted and opened for signature, ratification and accession by United Nations resolution 34/180 of December 18, 1979 ;

“Convention on the Rights of the Child” means the United Nations Convention on the Rights of the Child adopted on November 20, 1989 by the United Nations Conference on the Rights of the Child;

“Country of nationality”, in the case of a person having more than one nationality, means each of the countries of which that person is a national;

“Eligibility Subcommittee” means the National Refugee Eligibility Subcommittee established under section 11 of this Act;

“Sub-Directorates” means the directorate in each province of the Democratic Republic of Congo set up by the National Directorate to deal with refugees and asylum seekers,

“Reception Center” refers to an office in each territory of the Republic of Congo set up by the Provincial Directorate to deal with refugees and asylum seekers,

“Elementary education” means basic primary education;

“Firearm” means a deadly barrel weapon of any description from which a shot, bullet or other missile may be fired, or any prohibited weapon, whether deadly or not, and any component or part of this weapon designed or adapted to reduce the noise or flash caused by the firing of the weapon, and includes an air weapon, an air rifle or a pistol;

“Fraudulent,” with its grammatical variations and related expressions, means deceptive and dishonest;

“Border” means the land border, port, airport of entry or any other point of entry into the Democratic Republic of Congo;

“Gender discriminatory practices” include strict and enforced adherence to a dress code, pre-arranged marriages, physically harmful facial or genital mutilation, rape, domestic violence, and other related negative activities. gender;

“Geneva Convention” means the Convention relating to the Status of Refugees signed at Geneva on July 28, 1951 and includes the Protocol relating to the Status of Refugees signed at New York on January 31, 1967;

“Integration” means a process of interaction and peaceful coexistence and sharing of available services between refugees and nationals;

“Refugee family member” means:

1. a) One or more spouses of the refugee;
2. b) A child of the refugee; And
3. c) Any person dependent on the refugee;

“Ministry” means the ministry responsible for refugees, i.e. the Prime Minister of the Democratic Republic of Congo;

“Non-political crime” means a crime that is not political in character, or a crime that does not involve opposition to the government of a country on an issue relating to political control or government of that country; or a crime which is not incidental to or part of a political upheaval, committed within the framework of an organized political party or body struggling for power or political control of a country;

“OAU” means the Organization of African Unity established by the Heads of State and Government of Africa in Addis Ababa, Ethiopia, on May 25, 1963, and renamed the “African Union” on July 9, 2001;

“OAU Convention” means the Convention Governing Specific Aspects of Refugee Problems in Africa, adopted by the Assembly of Heads of State and Government of the OAU at its sixth ordinary session in Addis Ababa on 10 September 1969;

“Directorate” means the Congolese National Directorate for Refugees (DNCR) created under article 7 of this law;

“Persecution” includes any threat to life or liberty, or any serious violation of the human rights of a person because of their race, religion, nationality, sex, political opinion or of one’s belonging to a particular social group; and so long as a person is threatened with any harm which can reasonably be considered to be part of a systematic conduct directed against that person as an individual or as a member of a class of persons, by reason of his or her race , religion, nationality, sex, political opinion or membership in a particular social group, this person is persecuted for the purposes of this law;

“Person” includes any individual, business, company, association, partnership or group of persons, whether incorporated or not;

“Refugee” or “recognized refugee” means a person who, having fulfilled the conditions required to obtain refugee status under section 4 of this Act, has been granted refugee status by the Subcommittee of eligibility under Article 20 (2) of this Law, or is a member of the category of persons declared refugees under Article 25 of this Law;

“Travel Document” means a travel document issued under or in accordance with the provisions of the Geneva Convention to a refugee legally staying in the Democratic Republic of the Congo, for the purpose of traveling outside the Democratic Republic of the Congo;

“UNHCR” means the United Nations High Commissioner for Refugees mentioned in the Geneva Convention and includes its representative in the Democratic Republic of the Congo.

“Forced migrant” means any person or group of people who entered Congolese soil in search of protection, or any other person forced to leave their usual place of residence on Congolese soil,

“Descendant” means any person or group of people who are descendants of refugees, asylum seekers and forced migrants,

3. Granting refugee status, a humanitarian act

(1) Subject to paragraph 2 of this Article, and for the avoidance of doubt, the granting of refugee status to any person under this Law does not imply any judgment on the part of the country of origin, nor does it can be interpreted as a hostile act towards the country of origin of the person benefiting from refugee status, but must be considered as a peaceful and humanitarian act extended to this person within the framework of their human rights,

(2) The Government of the Democratic Republic of the Congo has the sovereign right to grant or refuse asylum or refugee status to any person,

(3) Refugee status is temporary in the Democratic Republic of Congo and after 20 years on Congolese soil, durable solutions must be applied for the refugee,

(4) Definition of who is a refugee

Any person, any descendant of the person who entered the Democratic Republic of Congo either legally or illegally with the aim of saving his life from any danger that threatened his life in accordance with the legal instruments mentioned above will be considered a refugee. The Democratic Republic of Congo can also grant refugee status to any person who has escaped, among other things, unbearable social conditions, climatic conditions and natural disasters which threatened their life. In short, refugee status must be granted based on the risks to the life of the person seeking asylum,

Applying for refugee status

(1) A written or verbal request must be sent by the asylum seeker to the Secretary of the Congolese National Directorate for Refugees (DNCR), within 30 days of entry into Congolese territory,

(2) A written or verbal request can also be sent either to the Embassy of the DRC, or fill out an online form. After receipt, the Embassy may transmit this request to the Directorate according to the legal period of this law,

In the event that the Directorate is not in place, the person will address the request to the Governor of the Province, the Territorial Administrator, Customary and Traditional Chiefs, local leaders, Civil Society actors, any representative of the Congolese State and any other person in a position of leadership, who will receive and provide the necessary support to the asylum seeker and then link the person to management for good care,

In addition, the asylum seeker can contact the United Nations High Commissioner for Refugees (UNHCR), United Nations Agencies and other international organizations who must refer the person to the Refugee Directorate within a period not exceeding not 6 working days,

Local authorities, host community leaders and civil society actors can also encourage all long-stayers and descendants of forced migrants in their communities who came as asylum seekers to get in touch with the Directorate in order to process their file, and also share information with the Congolese National Directorate for Refugees,

PART II—DETERMINATION OF REFUGEE STATUS.

4. Requirements for refugee status

A person may obtain refugee status under this Act if:

1. a) Having a well-founded fear of being persecuted because of their race, sex, religion, nationality, membership in a certain social group or political opinion, or anything else that threatens their life, that person a person is outside the country of which he or she is a national and cannot, or, because of this fear, is not willing to return to that country or to avail himself of the protection of that country;
2. b) Having no nationality and being outside the country in which he had his habitual residence due to a well-founded fear of being persecuted because of his race, his sex, his religion, his membership of a certain social group or his political opinions or something else that threatens his life, this person does not want or cannot return to the country of his former habitual residence;
3. c) Due to external aggression, occupation, foreign domination or events seriously disturbing public order in part or all of his country of origin or nationality, that person is forced to leave their place of habitual residence to seek refuge in another place outside their country of origin or nationality;

(d) Well-founded fear of persecution for non-compliance with discriminatory practices based on sex, that person is forced to leave their place of habitual residence to seek refuge in another place outside their country of origin or Nationality;

(e) Such person is considered a refugee under any treaty obligation to which the Democratic Republic of Congo is a party, or under any law in force at the time of the entry into force of this law; Or

(f) This person is a member of a category of persons declared refugees under article 25 of this law, or this person is a descendant of a category of persons who entered the D.R. Congo as refugees under the provisions of this law,

5. Exclusion from refugee status

A person cannot obtain refugee status if:

1. a) This person has committed a crime against peace, a war crime or a crime against humanity as defined in any international instrument to which the Democratic Republic of Congo is a party in any corner of the world;
2. b) This person has committed a serious common law crime inside or outside the Democratic Republic of Congo before his admission to the Democratic Republic of Congo as a refugee or during his stay in the DRC as an asylum seeker or descendant of Forced Migrants;

(c) This person has been guilty of acts contrary to the purposes or principles of the United Nations or the OAU; Or

1. d) Having more than one nationality, this person has not availed himself of the protection of the second country of which he is a national and has no valid reason, based on a well-founded fear of persecution or on a reason mentioned in article 4(c) of this law, for not having availed itself of the protection of this second country.
2. Cessation of refugee status

(1) A person will cease to be a refugee if:

1. a) This person voluntarily avails himself of the protection of the country of which he is a national or voluntarily re-establishes himself in his country of origin;
2. b) This person renounces his refugee status;
3. c) Having lost his nationality, he regains it;
4. d) This person becomes a citizen of the Democratic Republic of Congo or acquires the nationality of another country and benefits from the protection of the country of his new nationality; Or

(e) The circumstances in which this person was recognized or considered a refugee have ceased to exist, but he, without compelling reasons arising from previous persecution:

(i) Continues to refuse to avail itself of the protection of the country of origin or nationality; Or

(ii) Continues to refuse to return to the country of habitual residence or to acquire another available nationality;

(f) Be part of a category of persons declared refugees in accordance with article 25 of this law:

(i) This person has committed a serious common law crime inside or outside the Democratic Republic of the Congo after his admission to the Democratic Republic of the Congo as a refugee; Or

(ii) This person has seriously violated the aims and objectives of the Geneva Convention or the OAU Convention,

(2) The procedure provided for in section 39 of this Act applies to any person who ceases to be a refugee within the meaning of this section,

PART III — ADMINISTRATIVE MATTERS RELATING TO REFUGEES

7. Creation of the Congolese National Directorate for Refugees (DNCR),

A “Congolese National Directorate for the management of Refugees in the DRC which will have the abbreviation (DNCR)” is hereby established.

The Congolese National Directorate for Refugees will be a state institution enjoying its independence in all these operations,

8. Functions of the Refugee Directorate

(1) The Directorate is responsible for all administrative matters concerning refugees, asylum seekers and other forms of forced migrants in the Democratic Republic of Congo and must, as such, coordinate interministerial and non-governmental activities and programs relating to refugees, asylum seekers and other forms of forced migrants,

(2) The Directorate will also be responsible for all administrative issues in favor of Congolese refugees who decide to return to the DRC, and monitoring the situation of Congolese refugees in several countries around the world. Thus management will be able to set up different departments for the management of each situation,

(3) Without prejudice to the generality of paragraph (1), the Management shall:

1. a) Advise the Prime Minister and his government on policy and other matters relating to refugees;
2. b) Advise the Prime Minister and his government on international and regional conventions and government obligations regarding refugees;
3. c) Protect refugees, asylum seekers and forced migrants and coordinate the provision of humanitarian assistance, services for their welfare;
4. d) Identify and launch projects for refugees, asylum seekers, forced migrants and host populations in areas affected by refugees;

(e) Advise and liaise with UNHCR and other organizations in their diversity on refugee programs and their implementation;

1. f) Implement local, provincial, national, regional and international development plans relating to refugees, asylum seekers and Forced Migrants, in accordance with current international practices regarding refugees;
2. g) Promote and participate in interstate and other initiatives at the local, provincial, national, regional and international levels aimed at finding lasting solutions to the refugee problem;

(h) Promote regional and international cooperation of the Democratic Republic of the Congo on refugees with other countries and international organizations;

(i) Obtain information from countries of origin on the requests of asylum seekers depending on the evolution of the situation in the country of origin if necessary,

(j) Be the custodian of government properties in refugee camp facilities, and other Forced Migrants;

(k) Issue identity cards and travel document recommendations to refugees; And

(l) Ensure the maintenance of public order in settlement areas and refugee camps,

(m) Coordinate and facilitate the reception of newcomers, returnees as well as their integration and integration into their community of origin,

(n) Receive and reactivate the files of those who left the DRC and returned to Congolese soil,

9. A Director General for Refugees

(1) There will be a Director General for Refugees whose function will be a public function and will be voted by Parliament on the recommendation of Civil Society for a period of three (3) years renewable once and notified by the Prime Minister. The criteria will generally be the three (3) best candidates from which Parliament will select one, who has demonstrated a high quality of professionalism in the field of refugees. In the event that Civil Society finds itself in difficulty in nominating these three candidates, the Prime Minister will make a public call for applications in accordance with the laws regarding the employment of public officials in the DRC,

(2) The general manager is the head of the branch and is responsible for the day-to-day operations of the branch and for the administration, organization and control of the staff of the branch,

(3) Without prejudice to the generality of subsection (2) of this section, the Director-General:

1. a) Advise the Accountant on soliciting funds for the care and welfare of refugees and the rehabilitation of refugee affected areas;
2. b) Liaise with UNHCR and other agencies for the protection of refugees and the formulation of programs to ensure that adequate facilities and services for the reception, settlement and integration of refugees are available;

(c) Inform and advise the National Refugee Eligibility Subcommittee on matters relating to refugees and refugee status;

(d) Receive and process applications for refugee status or other related applications to be submitted to the National Refugee Eligibility Subcommittee for review and decision;

1. e) Report and advise the Government and the Permanent Secretary to the Prime Minister for Refugees on refugee issues;
2. f) Advise the Prime Minister and the Permanent Secretary to the Prime Minister on technical matters relating to refugees; And

(g) Perform such other duties as may be assigned to it under this Act, and shall be the initiator of government policy towards refugees and other forced migrants,

(4) The Director-General, in exercising his functions under this Act, is responsible to the Permanent Secretary to the Prime Minister and reports to Parliament,

(5) The Director-General shall submit semi-annual reports on refugee-related matters and activities to Parliament and an annual report to Parliament,

(6) The Prime Minister assists the Director General during his actions and can provide him with guidance and suggestions. The Director General will hold annually a restitution workshop with Civil Society in its diversity and finally their account on the evolution with regard to refugees and asylum seekers in the DRC,

10. Other officers and employees

There will be other officials and employees of the Directorate who may be necessary for the implementation of this law, who will be recruited by the Director General in accordance with public law on employment in the DRC,

11. Provincial Sub-Directorates for Refugees

There will be Provincial Directorates and territorial units (reception centers) which will be designated by the Provincial Assemblies on the recommendations of civil society actors and notified by the National Director, for a period of three (3) years, renewable once. A list of three (3) people will be presented to the Assemblies composed of highly experienced professionals in the field of refugees,

(1) The Refugee Directorate may appoint one or more subcommittees to:

1. a) Investigate and advise the Refugee Directorate on any matter falling within the scope of its functions, the Directorate may refer the matter to the subcommittees;

(b) Exercise such powers and perform such functions of the Refugee Directorate as the Directorate may delegate or refer to the Subcommittee,

(2) A subcommittee is composed of a chairperson who is a member of the Refugee Directorate and any other persons, whether or not members of the Refugee Directorate, as determined by the Refugee Directorate:

(3) A subcommittee is subject to the control of the Directorate of Refugees and may be dismantled or reconstituted by the Directorate of Refugees at any time.

(4) Subject to such directions as the Refugee Directorate may give it, a subcommittee may regulate its own procedure:

(5) In the event of incompetence, conflict of interest or incompatibility, Civil Society actors, local leaders, and any other Congolese Citizen, may petition parliament to withdraw confidence from the Director General in a Petition addressed to the President of Parliament and copy to the Prime Minister,

(6) It will also be the same at the provincial level where petitions will be addressed to the President of the Provincial Assembly and copied to the National Director,

(a) After studying the Petition, Parliament may either decide to dismiss or retain the Director General, and notify the Prime Minister to take note,

12. National Refugee Eligibility Subcommittee

(1) There shall be established a Refugee Eligibility Subcommittee, known as the National Committee.

Refugee Eligibility Subcommittee composed of:

(a) The Permanent Secretary to the Prime Minister in charge of Refugees, who will be the Chairman of the Subcommittee, or his representative;

(b) The Permanent Secretary of the Ministry of the Interior or his representative; who will be the vice-president of the subcommittee,

(c) The Attorney General of the Republic or his representative;

(d) The Permanent Secretary of the Ministry responsible for Foreign Affairs or his representative;

(e) The Permanent Secretary of the Ministry responsible for Local Authorities (Customary Affairs) or his representative;

(f) The National Administrator of the National Intelligence Agency (ANR) or his representative;

1. g) The Director General of the External Security Organization or his representative;

(h) The Principal Commissioner of the Congolese National Police, or his representative;

(i) The National Director of the General Directorate of Migration, or his representative,

(j) The Permanent Secretary of the Ministry of Social Affairs or his representative,

(2) The Director General for Refugees, or his representative, will be:

(a) An ex officio member of the National Refugee Eligibility Subcommittee, without authority to vote on any matter submitted to the Subcommittee,

(b) Secretary of the Committee, who will be the representative of the Ministry of Social Affairs,

(3) UNHCR should attend meetings of the National Refugee Eligibility Subcommittee in an advisory capacity,

13. Functions of the National Refugee Eligibility Subcommittee

The functions of the National Refugee Eligibility Subcommittee are:

(a) Examine and process applications for refugee status in accordance with Article 20 (2) of this Law;

(b) If necessary, re-examine or revise cases it has already dealt with;

(c) Advise the Directorate for Refugees on matters relating to refugee status;

(d) Recommend to the Directorate for Refugees:

1. i) Cases of expulsion or extradition;

(ii) Case of cessation of refugee status; And

(iii) Cases in which a person needs assistance to find another country of asylum,

(IV) Rejected files and those which could be under review,

(V) Files that need to be reactivated and other refugee cases,

14. National Refugee Eligibility Subcommittee Meetings

(1) The National Refugee Eligibility Subcommittee will meet as often as necessary to carry out its tasks, but will in any case meet at least once per quarter,

(2) The chairman of the Eligibility Subcommittee shall preside at all meetings of the Eligibility Subcommittee and, in his absence, the Vice-Chairman shall preside at the meeting and, in the event that he is absent, the members present shall choose one of them to preside,

(3) The quorum at a meeting of the Eligibility Subcommittee is five members, including the presiding member:

(4) The Secretary shall keep minutes of meetings of the National Refugee Subcommittee.

(5) The Secretary shall transmit to the Prime Minister copies of the minutes of the meetings of the National Subcommittee on Refugees, after being approved by the President.

15. Power to co-opt

(1) The National Refugee Eligibility Subcommittee may co-opt any person to assist it in dealing with any matter if the National Eligibility Subcommittee is satisfied that the person’s experience or qualifications are likely to be suitable. to help address such an issue, in particular members of Civil Society working in this area can participate and share their knowledge as recommendations,

(2) A person co-opted under subsection (1) is entitled to participate in the deliberations of the National Refugee Admissibility Subcommittee regarding that matter, but is not entitled to vote on any matter submitted for decision before the National Refugee Admissibility Subcommittee.

16. Refugee Appeal Subcommittee

(1) There is established a refugee appeal subcommittee composed of a Chairman and four other members appointed by the Refugee Directorate on such terms and conditions as the Refugee Directorate may determine,

(2) The members of the appeal subcommittee shall be appointed by the Director-General from among persons having knowledge or experience of refugee law or matters relating to immigration, foreign affairs, national security, local administration, human rights and refugees in general, including civil society actors involved in the field of refugees and forced migrants,

(3) A member of the Refugee Branch and a member of the National Refugee Admissibility Subcommittee may not be members of the Appeal Subcommittee.

(4) A representative of the United Nations High Commissioner for Refugees may participate in meetings but without the right to vote,

17. Functions and powers of the appeal subcommittee

(1) The Appeals Subcommittee may receive and hear appeals from decisions of the National Refugee Eligibility Subcommittee on questions of law and procedure,

(2) In any appeal brought before it, the appeal subcommittee may:

1. a) Confirm the decision of the National Refugee Eligibility Subcommittee;

(b) Rescind the decision of the National Refugee Eligibility Subcommittee and refer the matter to the Eligibility Subcommittee for further consideration and decision;

1. c) Order a new hearing of the application; Or

(d) dismiss the appeal,

(3) The appeal subcommittee shall promptly hear and decide any appeal referred to it and, in any case, make a decision within sixty days from the date of receipt of the appeal,

(4) For the avoidance of doubt, the appeal panel shall not make a decision granting refugee status to an applicant:

(5) The applicant shall be informed in writing of the decision of the appeal subcommittee within fourteen days of the date of the decision,

(6) Subject to this Act, the Appeal Subcommittee may decide on its own procedure, except to the extent that its procedures are prescribed by regulations made under this Act,

(7) The appeal subcommittee will be located in the office of the Directorate of Refugees and will be accessible daily to refugees and any other aggrieved parties,

The Appeals Commission will also extend its mandate to matters relating to management and function on all refugee-related matters and will receive cases from any concerned party regarding any decision taken by any actor,

(7) The Refugee Directorate will assign specific individuals employed within the Refugee Directorate to carry out such administrative functions of the Appeal Subcommittee as may be necessary for the operation of the Appeal Subcommittee,

18. UNHCR should attend the proceedings

(1) UNHCR should attend the proceedings of the Appeals Board,

(2) A representative of the UNHCR may, while attending a proceeding under subsection (1), make oral or written submissions on behalf of the person whose appeal is being heard.

PART IV — APPLICATION FOR REFUGEE STATUS AND RELATED ISSUES.

19. Application for refugee status

(1) Any person who enters, has lived and is staying in the Democratic Republic of the Congo and wishes to remain there as a refugee must submit a written or verbal application to the National Refugee Eligibility Subcommittee for grant status. refugee status within thirty days following the date of entry into the Democratic Republic of Congo, or from the time the person submitted the application. The request will be processed on a case-by-case basis by the Office of the Directorate for Refugees,

(2) A request made under paragraph (1) of this article may be submitted to the Director General for Refugees through an Authorized Agent or to the representative of UNHCR,

(3) An authorized officer or representative of UNHCR to whom a request is submitted under paragraph (2) of this section shall, as soon as practicable, transmit the request to the Director General for Refugees,

20. Granting of refugee status

(1) The Director General for Refugees shall, as soon as practicable, process the application for presentation before the National Refugee Eligibility Subcommittee and may:

(a) Request from the applicant any additional information that may be necessary to support the application; And

(b) Conduct any inquiry or investigation it considers appropriate, but efforts may be necessary to obtain information from independent sources, and the information collected cannot be used as a basis for granting or denying refugee status,

(2) The National Refugee Eligibility Subcommittee shall, within ninety days after the date of receipt of the application by the Director General, examine and determine the refugee status of the applicant and may, after conducted any investigation the Subcommittee considers necessary —

(a) Rejection of the request; Or

(b) Grant refugee status to the applicant,

(3) The Director General must, within fourteen days of the date of the decision of the National Refugee Admissibility Subcommittee, inform the applicant in writing of the decision of the Subcommittee,

(4) When an application is refused under subsection (2) of this section, the National Refugee Admissibility Subcommittee shall state in writing the reasons for its decision and the applicant shall receive a copy of the statement,

(5) For the avoidance of doubt, the ninety day period referred to in paragraph (2) of this section shall begin on the day following the date on which the applicant submitted the application to:

1. a) The general director;

(b) The authorized official; Or

1. c) The UNHCR representative,

(6) Where the National Refugee Eligibility Subcommittee determines that an application before it is a manifestly abusive or manifestly unfounded application, the Subcommittee shall take appropriate action to remove the applicant in accordance with applicable law.

21. Appeal of the injured party

(1) An applicant aggrieved by the decision of the National Refugee Eligibility Subcommittee may appeal to the Refugee Appeals Subcommittee within thirty days after receipt of notice of the Subcommittee’s decision. national refugee eligibility committee,

(2) Notwithstanding subsection (1) of this section, the Refugee Appeal Subcommittee may hear an appeal filed after the expiration of thirty days if the appellant has good cause to have filed a late appeal,

(3) When an appeal is heard under this section, the appellant may appear in person before the Refugee Appeal Subcommittee or may be represented by counsel at the appellant’s expense. However, the Directorate is also encouraged to provide necessary legal assistance to those who seek it,

(4) A decision of the Refugee Appeal Subcommittee may be appealed to the High Court, in the event that the applicant is not satisfied,

22. Requests requiring urgent and special attention

(1) Without prejudice to the requirement of a fair and equitable procedure for the determination of refugee status, the Director-General shall process as quickly as possible applications considered to be manifestly abusive or manifestly unfounded, in accordance with the accelerated procedures prescribed by regulation taken under this Act,

(2) The Director General shall process applications for:

1. a) People with disabilities;
2. b) Victims of trauma, detained persons and victims of torture;
3. c) Minors and vulnerable people; And

(d) Other persons requiring urgent attention, in accordance with special procedures prescribed by the implementing regulations of this Law,

23. Residency pending decision of the National Refugee Eligibility Subcommittee

(1) Notwithstanding the provisions of any other law, the asylum seeker and any person having requested refugee status as well as any member of his family must remain in the Democratic Republic of Congo,

1. a) Until his application is accepted or rejected and no appeal has been filed with the Refugee Appeals Subcommittee;

(b) When the application is refused, until such person has exhausted his right of appeal under this Act,

(2) Where a person has exhausted the right of appeal in respect of an application and refugee status has not been granted, that applicant is authorized to stay in the Democratic Republic of the Congo for a period not exceeding eighty -ten days to allow him or her to request asylum or admission to a country of his or her choice,

(3) At the expiration of the ninety days referred to in paragraph (2) of this article, the person whose application has been rejected shall be subject to expulsion or deportation from the Democratic Republic of the Congo or to any other appropriate measure under applicable laws,

When deported, the person must be returned to the country they came from and not necessarily their country of origin,

(4) The Prime Minister may, at the request of the person concerned, extend the period of ninety days referred to in paragraph (2) of this article if he has reasonable grounds to believe that the person concerned is likely to obtain asylum in the DRC or be admitted to the country of their choice for the extended period,

(5) Asylum seekers and refugees are entitled to the same treatment and enjoy the same privileges as defined by this Law,

24. Refugee rights after filing the application

(1) After an applicant has submitted an application for refugee status to the National Refugee Eligibility Subcommittee under section 19 of this Act, the applicant must:

(a) Be issued a temporary document valid for a period of ninety days from the date of issue, and thereafter, the document is renewable every three (3) months until every rights linked or incidental to applications for refugee status are exhausted;

And (b) be informed of the presence of the UNHCR representative in the Democratic Republic of Congo and have the opportunity to contact him, to benefit from humanitarian assistance and a temporary place of residence,

(2) The applicant has the right to a hearing in the consideration of his or her application and, if necessary, the State shall provide the applicant with the services of a competent interpreter,

(3) In exercising his rights under paragraph (2) of this section, the applicant may be represented or assisted by a person of his choice, including an attorney at his own expense, or request an attorney from the State to the Director for Refugees,

25. Group recognition, mass influx and temporary protection

(1) The Prime Minister may, if it is evident that a category of persons qualifies to be refugees under section 4 of this Law, declare that category of persons to be refugees:

(2) The Prime Minister shall make a declaration under subsection (1) of this section in the manner most likely to ensure that the declaration is brought to the attention of authorized officers and persons to whom it relates,

(3) The Prime Minister may, in the event of a massive influx of asylum seekers into the Democratic Republic of Congo, in consultation with the Minister responsible for the Interior, issue an order authorizing asylum seekers to reside in the Democratic Republic of the Congo without requiring that their individual status be determined under article 4 of this law,

(4) A declaration made under paragraph (3) of this article is valid for a period of three years from the date of the declaration or until the cause of influx into the Democratic Republic of the Congo from the country of origin or habitual residence ceases to exist, whichever comes first, this may depend on developments in the situation in the country of residence,

(5) Where asylum seekers are permitted to reside in the Democratic Republic of the Congo under paragraph (3) of this article, they shall be subject to the general treatment and rights accorded to refugees under this law,

(6) The exclusion of a specified person from a declaration made under subsection (1) of this section does not prevent that person from applying to the National Refugee Admissibility Subcommittee for granting of refugee status. refugee under this Act,

(7) The termination of temporary protection granted by the Prime Minister under paragraph (3) of this section shall not prevent any individual in the asylum seeker group from applying to the National Refugee Eligibility Subcommittee for the granting of refugee status under this law,

26. Family of a recognized refugee

(1) Any dependent of the family of a recognized refugee who enters the Democratic Republic of the Congo benefits from the same protection as this refugee and must:

1. a) Be authorized to enter and stay in the Democratic Republic of Congo for as long as the recognized refugee is authorized to remain there; And

(b) Receive all necessary documents relating to their status,

(2) Upon the death of a recognized refugee, any member of the family of the recognized refugee in the Democratic Republic of the Congo will continue to benefit from the protection referred to in paragraph (1) of this article and will remain in the Democratic Republic of the Congo until disqualification opposite,

(3) Nothing in this section prevents a family member of a recognized refugee from applying for refugee status in accordance with this Act,

27. Family reunion of a recognized refugee

(1) A recognized refugee may apply to the National Refugee Eligibility Subcommittee for permission for a member of his or her family to enter and reside in the Democratic Republic of the Congo for the purpose of reunion,

(2) Regulations made under this Act prescribe the procedure to be followed for applying for family reunification under subsection (1) of this section, taking into account the principle of family unity,

(3) When an application is made to the National Refugee Admissibility Subcommittee under subsection (1) of this section, the Director General must investigate the application and submit a written report to the Subcommittee, specifying the relationship between the refugee and the person to whom the application relates,

(4) The National Refugee Eligibility Subcommittee may grant authorization to enter and reside in the Democratic Republic of the Congo under this article to:

1. a) Any member of the family of a recognized refugee; And

(b) Any person dependent on a member of the family of a recognized refugee,

(5) The Director General will investigate and verify the family situation of an unaccompanied child who enters the Democratic Republic of the Congo and wishes to remain in the Democratic Republic of the Congo as a refugee, and may make recommendations regarding adoption of the child. child under the Child Protection Act, 2009 or any other applicable law,

(6) The Prime Minister may, in writing, revoke the authorization of a person to enter and reside in the Democratic Republic of the Congo under this article in the interest of national security or in the public interest,

(7) For the purposes of paragraph 5 of this article, “child” means a person under the age of eighteen years,

(8) The Dependent of the family of a refugee recognized in the Democratic Republic of Congo, with a view to obtaining his own status, can submit his application wherever he is, or once in the territory of the DRC,

(9) In the interest of family reunification, the holder of refugee status can submit a request for this purpose to the General Directorate,

(10) The Director General may from time to time regularize those who are on Congolese soil and who are recognized as refugees in other countries according to the provisions of this law, and in consultation with the UNHCR,

PART V—RIGHTS AND OBLIGATIONS OF REFUGEES.

28. Rights of refugees under international conventions

Subject to this law and any reservation made by the Democratic Republic of the Congo to any international or regional convention or instrument, every refugee enjoys the rights and is subject to the obligations provided for or specified in:

1. a) The Geneva Convention;
2. b) The OAU Convention; And
3. c) Any other convention or instrument relating to the rights and obligations of refugees to which the Democratic Republic of the Congo is a party,

(e) The constitution in force in the Democratic Republic of Congo,

29. Rights of refugees in the Democratic Republic of Congo

(1) A recognized refugee must, subject to this Act, the OAU Convention and the Geneva Convention:

(a) Be in possession of an identity card in the prescribed form indicating the refugee status of the holder for purposes of identification and protection; the identity card must be renewed every four (4) years,

1. b) Be authorized to remain in the Democratic Republic of the Congo;

(c) Have the right to fair treatment without discrimination based on race, religion, sex, nationality, ethnic identity, membership in a particular social group or political opinion;

1. d) Benefit from at least the same treatment as that generally accorded to non-citizens under the Constitution and any other law in force in the Democratic Republic of the Congo; and be entitled to the privileges which may be granted under the laws of the Democratic Republic of Congo by any administrative body or organ of the Government;

(e) Benefit from at least the same treatment accorded to non-citizens generally in similar circumstances regarding,

(f) Benefit from humanitarian aid and other services necessary for their well-being,

1. i) Movable and immovable property and other rights relating to property and fine arts and other contracts relating to movable and immovable property;

(ii) The right to transfer property held and declared by a refugee at the time of entry into the Democratic Republic of Congo, including those legally acquired in the Democratic Republic of Congo;

(iii) Education, other than elementary education for which refugees must benefit from the same treatment as nationals, and in particular with regard to access to particular studies, recognition of foreign certificates, diplomas and degrees and remission of fees and taxes;

(iv) The right to carry out agricultural, industrial, artisanal and commercial activities and to create commercial companies, non-profit and industrial associations in accordance with the applicable laws and regulations in force in the Democratic Republic of the Congo;

(v) The right to practice the profession of the refugee holding qualifications recognized by the competent authorities of the Democratic Republic of Congo and who wishes to practice this profession;

(vi)The right to have access to employment opportunities and to engage in gainful employment;

(vii) Any other rights that may lawfully be granted to a refugee;

1. g) Have the same rights as Citizens of the Democratic Republic of Congo with regard to the practice of their religion and the religious education of their children;
2. h) Have the right of association with regard to apolitical and non-profit associations and unions;
3. i) Have free access to the courts, including legal assistance under the applicable laws of the Democratic Republic of the Congo,

(2) The refugee benefits from the same protection as that granted to citizens of the Democratic Republic of Congo with regard to the protection of intellectual property rights, including industrial inventions, patents, designs, trade names, copyright and other artistic rights and scientific works,

(3) Refugees will have to access and exploit the land, but they will not own the land in the Democratic Republic of Congo,

(a) The refugee will be able to access and exploit the land for a period of 15 years, renewable only once,

(b) Public or community lands where refugee housing will be located will be negotiated taking this provision into account,

(c) The refugee who requires land outside their official residence must comply with this provision,

(d) Before accessing and exploiting the land, the refugee and the owner must inform the Directorate for other administrative arrangements,

30. Freedom of movement

(1) Subject to paragraph (2) of this article, a recognized refugee has the right to free movement in the Democratic Republic of the Congo,

(2) The free movement of recognized refugees in the Democratic Republic of the Congo is subject to reasonable restrictions specified in the laws of the Democratic Republic of the Congo or in instructions issued by the Director General, which generally apply to non-citizens in same circumstances, in particular for reasons of national security, public order, public health, public morality or protection of the rights and freedoms of others;

31. Right to a travel document

(1) A recognized refugee staying in the Democratic Republic of Congo is entitled to a travel document to travel outside the Democratic Republic of Congo, unless compelling reasons of national security or public order require otherwise,

(2) A travel document issued to a recognized refugee is valid for all countries except the refugee’s country of origin and countries for which the Democratic Republic of Congo has restrictions,

(3) A recognized refugee in possession of a valid passport issued by the country of origin must surrender that passport to the issuing official before acquiring a travel document,

(4) A person who has ceased to be a recognized refugee under this Act shall not be issued with a travel document and, if he is in possession of a travel document, he must surrender it to the office of the Director General or Immigration,

(5) For the purposes of this Article, “travel document” means a travel document issued under or in accordance with Article 28 of the Geneva Convention,

(6) The Directorate to define the modalities for accessing the travel document,

32. Rights of refugee children

(1) Refugee children will benefit from the same treatment as nationals with regard to primary education and will also be recognized as refugees in the Democratic Republic of Congo,

(2) Every refugee child is entitled to the enjoyment of the rights and freedoms contained in:

(a) The Child Protection Act, 2009;

(b) The African Charter on the Rights and Welfare of the Child, 1981;

(c) The Convention on the Rights of the Child, 1989; And

(d) The Geneva Convention, regardless of race, ethnic group, color, sex, language, relationship, political or other opinions, national and social origin, property, birth or any other other situation of the parent or legal guardian of the child,

(3) Identity documents for children and unaccompanied minors must be issued in accordance with the principles applicable to a recognized refugee,

33. Rights of refugee women

(1) A female refugee must benefit from equal opportunities and access to procedures relating to refugee status; and positive measures must be taken to protect refugee women against discriminatory practices based on sex as well as all forms of sexual exploitation,

(2) A refugee woman has the right to the equal enjoyment and protection of all human rights and fundamental freedoms in the economic, social, cultural, civil or any other field, as provided for in the Constitution and other relevant laws in force in the Democratic Republic of Congo and international and regional instruments to which the Democratic Republic of Congo is a party, and in particular the following:

(a) Convention on the Elimination of All Forms of Discrimination against Women, 1979; And

(b) The African Charter on Human and Peoples’ Rights, 1981,

34. Personal status

(1) The personal status of the recognized refugee is governed by the law of the country of his domicile or, if he does not have a domicile, by the law currently in force in the Democratic Republic of Congo.

(2) All rights previously acquired by a refugee and dependent on personal status, in particular rights attached to marriage, will be respected, subject to the laws of the Democratic Republic of Congo,

(3) After three years of legal marriage between the Congolese citizen and the refugee, the couple will be able to decide which status they will adopt, either starting the naturalization process to become Congolese or becoming a refugee to benefit from the nationality of the spouse. The Director General may set the terms and conditions to be followed by this couple, so these two people will benefit from the same treatment accorded to others in the situation without discrimination,

35. Duties and obligations of the refugee

Subject to this Act, a recognized refugee must:

(a) Be bound by and comply with all laws and regulations currently in force in the Democratic Republic of the Congo;

1. b) Comply with the measures taken to maintain public order;
2. c) Not engage in activities likely to endanger state security, harm public interests or disrupt public order;
3. d) Not engage in subversive political activities and not participate in political activities in the Democratic Republic of Congo, whether at the local or national level;

(e) Not participating in the management of the country at the local, provincial and national levels,

(e) Will not engage in any activity contrary to the principles of the Charter of the United Nations and the Statute of the African Union, and in particular, will not engage in any political activity in the Democratic Republic of Congo against any country, including his home country; And

(f) If he is gainfully employed or is fully integrated and has a source of income, pay taxes in accordance with the applicable tax laws of the Democratic Republic of Congo,

(g) Not fraudulently pass yourself off as a Congolese citizen or acquire documents reserved for Congolese Citizens,

(h) Do not conquer land in the Democratic Republic of Congo,

36. Rights of members of the refugee’s family

A family member of a recognized refugee has the same rights and is subject to the same obligations as the recognized refugee,

37. Refugee Representatives

The Director General in partnership with the Independent National Electoral Commission will organize elections of the committee of refugee representatives at each level, this committee will be composed of 7 people led by a Representative for a period of 3 years renewable only once. The eligibility criteria will be set by the CENI according to the electoral law in the Democratic Republic of Congo. The members of the Committee will be the representatives of the refugees to the different institutions and different authorities at each level,

PART VI—MISCELLANEOUS.

38. Principles of international instruments to follow

In exercising their functions under this Act, the National Refugee Eligibility Subcommittee and the Refugee Appeal Subcommittee shall be guided by the principles set forth in relevant international conventions or instruments or applicable, culture and other positive standards in the Democratic Republic of Congo,

39. Prosecution for illegal entry or presence in the Democratic Republic of Congo

(1) Notwithstanding the provisions of the law on nationality of the Democratic Republic of Congo, no proceedings may be initiated or continued against any person or any member of the family of such a person in respect of his entry or presence illegal in the Democratic Republic of Congo if this person:

(a) Intends to submit an application to be recognized as a refugee under this Law; Or

(b) Obtained refugee status,

(2) Any person who, after having applied for and exhausted all rights to grant refugee status under this law, is not recognized as a refugee and continues to reside illegally in the Democratic Republic of the Congo, will be treated in accordance with to applicable law.

40. A recognized person takes refuge in another country

A person who has obtained refugee status in another country can enter the Democratic Republic of Congo and also be recognized as a refugee if they present the degree of persecution of which they have been a victim,

41. Procedure for withdrawing recognition of refugee status

(1) Where the Director General has reasonable grounds to believe that a person who has been recognized as a refugee under this Act,

1. a) Should not have been so recognized; Or

(b) Has ceased to be a refugee under this Act, the Director-General must refer the case to the National Refugee Eligibility Subcommittee to determine whether or not the eligibility status of that person should be removed,

(2) Where a matter has been referred to the National Refugee Admissibility Subcommittee under subsection (1) of this section, the Subcommittee shall cause written notice to be served on the person whose refugee status is under consideration:

1. a) Inform this person of the fact that their refugee status is being considered for removal; And

(b) Invite such person to make written representations regarding his or her refugee status to the National Refugee Eligibility Subcommittee within fourteen days of the date of service of the notice served on him or her,

(3) The National Refugee Admissibility Subcommittee—

(a) Consider a matter referred to it under paragraph (1) of this article;

(b) May make such inquiries or investigations as it considers necessary concerning the matter; after that,

(c) May withdraw the recognition of that person as a refugee due to misrepresentation of facts of a material or substantial nature concerning:

1. i) His nationality, or

(ii) His eligibility for refugee status under this Act,

(4) The National Refugee Eligibility Subcommittee shall notify the person concerned in writing of its decision under this section,

(5) Any person aggrieved by the decision of the National Refugee Admissibility Subcommittee under this section may, within seven days after notification of the decision, appeal to the National Refugee Admissibility Subcommittee. refugees,

(6) In any appeal under subsection (5) of this section, the refugee appeal subcommittee may:

1. a) Confirm or revoke the decision of the National Refugee Eligibility Subcommittee and recommend that the person continue to be recognized as a refugee and inform the National Refugee Eligibility Subcommittee of its decision;
2. b) Refer the matter to the National Refugee Eligibility Subcommittee for further investigation and advice or recommendations; Or

(c) Conduct such further inquiries and investigations into the matter as the Refugee Appeals Subcommittee deems appropriate.

42. Expulsion of refugees

(1) The Prime Minister may, after consultation with the Minister responsible for the Interior, order the expulsion of any recognized refugee from the Democratic Republic of Congo, if the Minister considers that the expulsion is necessary in the interests of security national,

(2) Before ordering the expulsion of a recognized refugee under paragraph (1) of this article, the Prime Minister shall give due consideration to any representation made by the refugee concerned or his representative or the representative of the UNHCR,

43. Extradition of refugees

(1) Where—

1. a) A country with which the Democratic Republic of Congo has concluded extradition agreements or treaties; Or

(b) An international court requests from the Democratic Republic of Congo the extradition of a recognized refugee on the grounds that this refugee:

1. i) Is required to answer to criminal charges; Or

(ii) Has been found guilty by a competent court of a serious criminal offence, which constitutes a non-political offence, the Prime Minister may, after consultation with the Minister responsible for Internal Affairs and the Attorney General, order the extradition of such refugee in accordance with the provisions of the applicable extradition law,

(2) A request for extradition under paragraph (1) of this article may be granted only if the offense giving rise to the request for extradition was committed in the territory of the requesting country,

(3) Subject to the provisions of any written law, the Prime Minister may refuse a request for extradition under this section, if the offense for which extradition has been requested is triable under the laws of the Republic Democratic Republic of the Congo, or if the Prime Minister is of the opinion that it would not be in the public interest to grant the request,

44. Extradition, return of the refugee,

(1) Notwithstanding the provisions of any other law, no person shall be refused entry into the Democratic Republic of the Congo, expelled, extradited or returned from the Democratic Republic of the Congo to any other country or subjected to similar measures if, as a result of such refusal, expulsion, return or other action, such person is obliged to return to or remain in a country where:

(a) He or she may be subjected to persecution because of his or her race, religion, sex, nationality, membership in a particular social group or political opinions; Or

(b) His life, person or freedom would be threatened due to external aggression, occupation, foreign domination or events seriously disturbing public order in part or all of that country ,

(2) If necessary, the Prime Minister shall take such measures as he considers appropriate to ensure that a person referred to in paragraph (1) of this article is admitted to another country of his choice,

45. Authorized agents

(1) Agents of the Directory at each level, Governors of Provinces, territorial administrators, local leaders, cultural leaders, representatives of civil society, directors of public administration, immigration officers, internal security agents and police officers not having the rank of inspector or his representative, will be authorized agents for the purposes of this law,

(2) The Prime Minister may, by notice, designate any other public official or any category of public officials as authorized officials for the application of this law,

(3) An authorized officer shall, in implementing any provision of this Act, consult with and refer refugees or asylum seekers to the refugee eligibility committee and the office responsible for refugees,

(4) An authorized officer may, for the purposes of exercising powers and discharging his duties under this Act, and having in mind the right of an individual to privacy of his person , his residence, his correspondence, his communications and his other property:

(a) Subject to paragraphs (5) and (6) of this section, search any person or property;

(b) Take a photograph of any recognized refugee or asylum seeker or any person claiming to be a refugee under this Act or any member of such person’s family; And

(c) question any recognized refugee or asylum seeker or any person claiming to be a refugee under this Act or any member of that person’s family,

(5) A search of any person or property under subsection (3) (a) of this section shall not be carried out unless the authorized officer concerned has reasonable grounds to believe that the search is necessary for the prevention, investigation or detection of:

(a) A contravention of this Act; Or

(b) A fraudulent declaration or concealment by a recognized refugee, asylum seeker or person claiming to be a refugee under this Act or by any member of that person’s family, of any fact relevant to his or her identity or its status.

(6) Where a woman is required to be searched under subsection (3) (a), the search shall only be carried out by an authorized female officer and shall be conducted with due respect for decency, and where no female authorized agent is available the search will be carried out by a woman specially designated for this purpose by an authorized agent,

46. ​​Place of residence and transit centers

(1) The Prime Minister may, in accordance with the Constitution and any other law, by notice, designate places or areas in the public domain as transit centers or refugee camps for the purposes of residential environments. The Prime Minister will organize consultations for an agreement with the parties concerned to grant land to the refugees,

(a) Temporarily accommodate persons who have applied for refugee status while awaiting the processing and review of their application by the National Refugee Eligibility Subcommittee; And

1. b) Local refugee settlements whose applications for refugee status have been granted,

(c) The Transit Center may be located at least 30 km from the border, and the place of residence may be located at least 80 km from the border,

(d) In the event of granting refugee status in Mass, those concerned must be directly directed to the place of residence,

(e) The Prime Minister may also, in official correspondence, recognize places where refugees have settled for a long time as their place of residence, especially in cases where these places promote the integration and access of refugees to certain vital opportunities,

(f) Places of residence of refugees must take into account proximity to the local population to facilitate integration and access to services,

(g) Services in places hosting refugees must be inclusive to avoid tensions between population groups, interventions must be sensitive to conflict to promote peaceful cohabitation,

(h) The environment of residence of refugees, asylum seekers and other forms of forced migrants will always retain a civilian character. The Director General will be responsible for managing the sites for refugees, asylum seekers and other forms of forced migrants,

(2) An applicant or refugee who wishes to reside in a place other than the designated places or areas may inform the Director General to reside in any other part of the Democratic Republic of the Congo,

(a) The Director General may send a letter to the Local Authority of the area where the refugee wishes to reside, and the local authority to confirm to the Director General of the presence of the refugee in his area,

(b) The local authority will be strictly prohibited from accommodating refugees for more than 7 Days without informing the Director General,

(c) Any asylum seeker must strictly reside in the transit center,

(e) The refugee’s information letter to the Director must contain the reasons for changing the location, and the period he will stay in this new environment,

(f) The security of the refugee who is outside the refugee’s area of ​​residence will be ensured by the local authority and in case of necessity contact the Director General, the refugee will always be able to access humanitarian aid from the usual place in the area. place of residence of refugees,

(3) A refugee who is permitted to stay in a place other than a place or area designated under subsection (2) of this section may be required to report to the local or urban council of the area or to an officer authorized from the moment when at the time indicated,

(4) The Director General shall, in collaboration and with the support of non-governmental organizations, civil society, UNHCR, international organizations and the international community:

1. a) Where necessary, provide relief and assistance to persons whose applications are pending before the National Refugee Eligibility Subcommittee; And
2. b) Promote refugee autonomy and sustainable development in areas affected by the presence of refugees,

(5) Declare and recognize the current places of residence of refugees and asylum seekers as transit centers for refugees and asylum seekers,

(6) Declare certain places where refugees and asylum seekers live as places of residence for refugees, or transit centers,

47. Naturalization of a recognized refugee

The Constitution and any other law in force in the Democratic Republic of Congo regulating naturalization apply to the naturalization of a recognized refugee, naturalization will be specifically limited only to refugees who already have refugee status and who have already lived in the DRC in a period of 20 years,

The Prime Minister will, if necessary, define government policy regarding the naturalization process, which must be implemented by the relevant minister in collaboration with the General Directorate for Refugees. The refugee naturalization application will be addressed to the Director General, who within a period of 14 days after acknowledging receipt may transmit it to the Minister concerned,

(a) Application for naturalization will be individual and limited only to any adult person over 18 years of age,

(b) Minor dependents of naturalization applicants will be included in the application but they will wait until the age of 18 to be granted Congolese nationality,

(c) The heterogeneous couple between Congolese and refugees will follow the legal process, and will choose their legal status either the two people can become refugees or the two people become Congolese because one will have to benefit from the legal status of the other by acquisition, after 3 years legal marriage,

(d) In other cases to avoid any confusion this law may pursue the patriarchal principle,

48. Voluntary repatriation of refugees

(1) A recognized refugee who voluntarily wishes to be repatriated must express his wish in writing to the Director General who, in consultation with UNHCR, will ensure that arrangements are made for the repatriation of that refugee. Voluntary repatriation will be specifically limited only to refugees who already have refugee status,

(2) Repatriation will be requested by the refugees themselves, the management will do everything possible to provide necessary information to the refugees in relation to their origin,

(3) When a request for voluntary repatriation is received by UNHCR, it shall inform the Director General,

(4) Voluntary repatriation must respect the rights of refugees and must not be a political tool,

(5) Steps must be taken by the National Directorate to define the entire process of voluntary repatriation and which must be involved,

(6) The Director General to promote voluntary repatriation as a durable solution,

(7) Refugees must have access to credible information from their countries of origin, so the Directorate can promote actions that aim to better provide real information to refugees, before approving their return,

(8) Refugees will always be encouraged to inform the Directorate of their desire to return to their country of origin,

Resettlement to a third country

The General Directorate will advise and encourage UNHCR to prioritize refugee cases for resettlement to a third country, resettlement will be specifically limited only to refugees who already have refugee status,

The General Directorate will also share necessary information with UNHCR on the situation of refugees who may need resettlement,

The General Directorate should work closely with the UNHCR to promote the resettlement of refugees to the third country,

The Directorate will encourage refugees who need resettlement to write a cover letter,

The Directorate will share all information and opportunities related to resettlement every year in collaboration with UNHCR,

50. Penalty against certain carriers

(1) Subject to paragraph (2) of this article, any carrier who knowingly transports or transports in the Democratic Republic of the Congo a person without a valid travel document is liable to the penalty provided for by the law in force in the Democratic Republic of the Congo relating to to immigration and is, in addition, responsible for removing this person from the Democratic Republic of Congo at his own expense,

(2) Nothing in this article shall be construed as preventing a carrier from transporting or transporting to the Democratic Republic of the Congo a refugee who it has reasonable grounds to believe is genuinely seeking asylum,

(3) For the purposes of this section, “carrier” means a person who is in charge of a ship, aircraft, train or vehicle arriving from any place outside the Republic Democratic Congo;

48. Regulations

(1) The Director-General may, by statutory instrument, make regulations prescribing matters,

(a) Shall or may be prescribed by or under this Act; And

(b) Necessary or convenient to prescribe to give effect to this Act,

(2) Without prejudice to the generality of subsection (1) of this section, regulations made under subsection (1) must provide:

1. a) The exercise of the right of appeal conferred by this law;
2. b) Procedures to be followed at meetings of the National Eligibility Subcommittee for Refugees and the Appeals Subcommittee for Refugees, including participation in these meetings by the representative in the Democratic Republic of Congo of the Office of the High Commissioner for United Nations Refugees and specific voluntary organizations involved in assisting refugees in the Democratic Republic of Congo;

(c) The procedure for examining applications for granting refugee status and the form in which applications must be presented;

(d) Rapid and accelerated procedure for processing requests considered to be manifestly abusive or manifestly unfounded;

(e) Form and issuance of identity and travel documents to refugees and their family members;

(f) The assignment to subcommittees of the Refugee Directorate or others of functions relating to investigation, country of origin information and determination of refugee status;

(g) The form of any order or notice required to be served on a refugee under this Act;

(h) Handing over of firearms by refugees;

(i) The procedure for extradition of refugees;

(j) The positive action procedure for the integration of refugee women, refugee children and disabled refugees;

(k) The procedure for the protection and integration of refugees into host communities for the purposes of refugee self-reliance and self-sufficiency;

1. l) Support from the Prime Ministry to refugee-affected areas to enable them to cope with the impact of refugees;
2. m) Integration of refugee concerns into local, national and regional development plans;

(n) The procedure to be followed for the conduct of voluntary organizations dealing with the Office of the High Commissioner on matters concerning the activities and welfare of refugees; And

(o) The procedure to be followed for the meetings and conduct of other organizations or bodies involved in activities in favor of refugees;

1. p) The regulation of the use rights of refugees with regard to the land on which they are settled,
2. Repeal of Law No. 021/2002 and transitional provisions

(1) Law No. 021/2002 is repealed.

(2) Notwithstanding repeal under subsection (1) of this section:

(a) Any public officer or employee holding any office or employment under the repealed Act immediately before the commencement of this Act shall not continue to hold such office or employment and shall be appointed or employed again if necessary under this Act; And

(b) Any regulations made under the repealed Act shall cease to apply, provided that those which comply with the provisions of this Act shall continue in force as if they had been made under this Act,

Hosted by Kulihoshi Musikami Pecos

Human Rights Activist and Refugee Rights Specialist in the Great Lakes Region of Africa

Provincial Coordinator of COJESKI North Kivu

With the support of Melissa from the University of Florida in the USA.