The restoration of Tutsi Refugee Status is the solution but not the current negotiations being proposed in DRCongo
The announced negotiations between DRC Government and AFC/M23 rebels backed by Rwanda is not yet a solution to problem, these negotiations will only put the war on hold but not to end it. The management of refugees remain one among the solutions for the war in DRCongo.
A member of a Tutsi family tends cattle on September 1, 1994 in Nyagatare, Rwanda. Tutsi refugees from DRC returned to Rwanda after more than thirty years of exile during the Hutu regime of President Habyarimana. (Photo by Scott Peterson/Liaison). Since this time Paul Kagame asked them to come back to DRC again and claim that they are Congolese.
On Monday March 11th, 2025 the Democratic Republic of Congo President Felix Tshisekedi surprised everybody when he accepted direct negotiations with AFC/M23 backed by Rwanda as announced by Angola’s President Jose Lorenso on his official Facebook account. For the three years, Tshisekedi rejected the ideas of direct negotiations, obviously this has been a demand of various actors both outside and inside claiming that there are no military solutions to the conflict in DRC. But is this the solution?
On one side, the negotiations may solve issues around power sharing which is the main target of AFC of Nangaa and this will introduce political actors to power, and some Actors members of M23 mainly those who are Congolese natives, but which is not the solution to Tutsi who are the main fighters in M23, they want to go back to their lands in North Kivu and in South Kivu, yet these lands are not theirs. Both President Museveni of Uganda and Paul Kagame of Rwanda have strongly argued about this as the solution.
Yet, Tutsi in Eastern DRC use the land but they do not own this land, going back to their villages does not solve the questions around their identity.
What is the solution to Tutsi Problem in DRCongo?
Tutsi who have caused problems to DRC since 1996 up today came since 1959 up to 1970 as forced migrants from both Rwanda and Burundi, some were granted a refugee status others were not, the rest came as migrants looking for pasture for their cattle. This remains a fact even if it is currently contested by extremists Tutsi Political Leaders, however Tutsi at the Community level still tell this fact how they came.
In the process some integrated Mobutu’s regime and other institutions in the country but they did not have citizenship and did not own their specific territories because they were known as Rwandans who are refugees in the country by then called Zaire. Despite all the negotiations since 1996 up to now, these two issues have never been fully addressed mainly the Tutsi Congolese Citizenship and ownership of the land. Unfortunately the current negotiations will not also address these two issues which will make the war stop for a while but will not end. Unless these two points are addressed, through a constitutional review, we may not settle these challenges.
Tutsi who have problems are generally based in Rutshuru and Masisi Territories in North Kivu Province and in Mwenga and Fizi Territories in South Kivu Province, these two Provinces are close to Rwanda which is interested in manipulating the Tutsi actually Paul Kagame became their spokesperson. Much as they access and use the land but they do not own the land because each space they occupy belongs to the native communities mainly Babembe, Bafuliro and Banyindu in South Kivu and Bahunde in Masisi and Banyabwisha in Rutshuru in North Kivu. The current DRC constitution is unclear about the citizenship of Tutsi and themselves are not convinced that they are Congolese, as they remain too close to Rwanda and everything they are looting is being taken to Rwanda. The Article 10 of the currently DRC constitution claims that each person who was in DRC at the Independence is a Congolese but what about those who were in some territories but these territories were not theirs like the case of Tutsi.
In order to present themselves as Congolese Tutsi in South Kivu mainly those in Minembwe claimed the name of Banyamulenge in 1996 but the challenge is that name Banyemulenge (those from Mulenge or the owners of Mulenge) has failed to be considered as a tribe, Mulenge is a Mountain is where they settled as refugees in 1959 when they entered Congo which belongs to the Bafuliro and cannot be attributed to Tutsi because on that mountain the occupants are Pygmies, Tutsi do not occupy that mountain anymore, Mulenge is not associated to Tutsi language. In DRC we must have the tribes first and the area they occupy take that name of the tribe, for example Babembe they occupy Bubembe, the first thing is the name of the tribe which Tutsi in DRC have failed to get, after that then they will have also a free land which they should occupy, at the moment getting that free land in Eastern DRC is a big challenge.
In North Kivu, especially in Rutshuru and in Masisi some Tutsi seem to be integrated within the host communities and they do not pose a big challenge, however this is not the case for Tutsi in Minembwe which is the main place where they want to build their city center.
In 1976 President Mobutu issued a Presidential Degree granting citizenship to all Tutsi in Zaire (currently DRC) but later on in 1978 Mobutu canceled again this degree, since Tutsi came to Congo they were called Rwandans in clear term “Banyarwanda” the Babembe still use the same word Banyarwanda up to now but some Bahulero where forced to use the word Banyamulenge and if not they were killed.
The currently contested land of Minembwe in South Kivu generally belongs to the Babembe and they are not yet ready to give it away that should be taken into perspective, Tutsi are currently occupying it by force and this is at the center of the war in Minembwe. The two questions remains and should be answered. What shall we do to these Tutsi in terms of tribe and where should we put them in terms of their land, but also if there are possibilities to integrate them in host communities.
The Tutsi DRCongo Citizenship and the ownership of land yet if you do not have these two things you cannot fully participate in political activities of the country including other things.
What we propose
Looking at the situation, we need leaders at all levels who will take courage and engage on discussions about the situation. We propose that Tutsi in DRC should be brought back to their refugee status and grant a refugee status to all Tutsi in the country. In this way, no one in DRC is opposed to their refugee status and no one will attack them on this ground, even the Babembe, Bafuliro and Banyindu who have been in conflict with them are not opposed to the idea of granting Tutsi the refugee status, and then we shall put in place best way for the effective management of refugees.
Some Tutsi do agree to go back to their refugee status but others are strongly opposed to this claiming that they should use force in order to impose themselves, yet the consequences of the war are to huge and cannot be sustained by Tutsi.
With the negotiations, we are likely to pose for a while but not to end the war.
Thanks
Kulihoshi Musikami Pecos,
Human Rights Defender, Specialized in Refugee Rights in the Great Lakes Region
