2.2.1 List of legislations and regulations related to asylum and refugee protection as well as migration (please note most legislation from the DRC is in French without readily available translated English copies):

• Constitution of the Democratic Republic of Congo (Constitution de la République Démocratique du Congo)

• 2002 Refugee Act (Loi N°021/2002 du 16 Octobre 2002 portant statut des réfugiés en République Démocratique du Congo)

• 2003 CNR Decree (Décret n°03/014 du 05 Août 2003 portant organisation et fonctionnement de la CNR et de la Commission Nationale des recours)

• 2005 Internal Regulations of the CNR (Arrêté Ministériel No. 129/2005 du 4 avril 2005 portant règlement intérieur de la Commission Nationale pour les Réfugiés)

• 1983 Foreigners Act (Ordonnance-Loi 83-033 relative à la police des étrangers)

• 1981 Ordinance implementing measures for the Foreigner Act (Ordonnance 87-281 portant mesures d'exécution de l'ordonnance-loi 83-033 du 12 septembre 1983 relative à la police des étrangers)

• 2004 Nationality Code (Loi No. 04-024 du 12 novembre 2004 relative à la nationalité congolaise)

• 2006 Order Implemeting some provisions of the Nationality Code (Arrêté ministériel n° 261/CAB/MIN/J/2006 du 04 juillet 2006 portant certaines mesures d'exécution de la Loi n° 04/024 du 12 novembre 2004 relative à la nationalité congolaise)

• 2013 Internal regulations for refugee camps (Réglement intérieur camp des réfugiés) : not available online.

• Child Protection Law 2009(Loi n° 09/001 du 10 janvier 2009 portant protection de l'enfant)

• Family Code 1987 (Loi n° 87.010 du 1^er Aout 1987 Portant Code de la Famille)

• 2022 Law establishing the fundamental principles related to the protection and reparation of victims of sexual violence linked to conflicts and victims of crimes against peace and the security of humanity (Loi n°22/065 du 26 décembre 2022 fixant les principes fondamentaux relatifs à la protection et à la réparation des victimes de violences sexuelles liées aux conflits et des victimes des crimes contre la paix et la sécurité de l’humanité)

• Anti-trafficking Law (Loi n° 22-067 modifiant et complétant le décret du 30 janvier 1940 portant Code pénal congolais en matière de prévention et de la répression de la traite des personnes)

• 1994 Interministerial Decree establishing the tax on work permits for foreigners (Arrêté Interministériel 032 du 10 mars 1994 fixant la taxe sur la carte du travail des étranger)

• 2005 Ministerial Decree establishing the maximum authorized percentages of foreign workers within companies (Arrêté ministériel n° 121/CAB.MIN/TPS/112/2005 du 26 octobre 2005 fixant les pourcentages maxima autorisés des travailleurs étrangers au sein des entreprises)

2.2.2 List of major judicial decisions related to asylum and refugee protection :

No judicial decisions related to asylum and refugee protection is available.

2.2.3 List of strategies and action plans related to asylum, refugee protection, and migration :

• Education and Training Sector Strategy 2016-2025 (Stratégie sectorielle de l’éducation et de la formation 2016-2025)

• National Strategic Development Plan (Plan national stratégique de développement (PNSD) 2019-2023)

• National Action Plan to Combat Statelessness 2021-2030 (Plan d’Action National de Lutte contre l’Apatridie 2021-2030)

Refugee

Article 1 of the 2002 Refugee Act

Is recognized as a refugee in the Democratic Republic of the Congo:

• Any person who, having a well-founded fear of being persecuted because of their race, nationality, religion, membership in a particular social group, or political opinions, is outside the country of their nationality and is unable or, due to that fear, unwilling to seek the protection of that country, or who, if they do not have a nationality, is outside the country where they had their habitual residence as a result of such events, and is unable or, due to said fear, unwilling to return;

• Any person who, due to an aggression, external occupation, foreign domination, or an event seriously disturbing public order in part or the entirety of their country of origin or nationality, is forced to leave their habitual residence to seek refuge elsewhere outside their country of origin or the country of their nationality.

Asylum seeker

There is no explicit definition of an asylum seeker in the DRC legislation.

An asylum seeker is a person seeking refuge but whose refugee status has not been determined yet. According to Article 29 of the 2002 Refugee Act, to be lawfully recognized as an asylum seeker in DRC, the person needs to present themselves to the relevant authorities within 30 days of them entering the DRC territory. They must submit an asylum request to the Permanent Secretary of the CNR (National Commission for Refugees), after which they receive an asylum-seeker certificate (Article 15).

Child

According to article 2 of the Child Protection Law (2009) a child is a person younger than 18 years old.

Unaccompanied and/or separated child

As per article 2 of the Child Protection Law a child separated from their father and mother or from the person who exercised parental authority over them would be considered an unaccompanied or separated child.

Family

As per article 701 of the Family Code, family is defined as all the relatives and in-laws (“alliés”) of an individual.

Victim of trafficking

There is no specific definition of “victim of trafficking”, however Article 2 of the 2019 Ordinance on the creation, organization, and functioning of the Agency for the Prevention and Fight against Human Trafficking provides a definition of “trafficking”.

Trafficking is the recruitment, transportation, transfer, harboring, or receipt of persons, by means of the threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of authority, power, or a situation of vulnerability, or by offering or accepting payments or other benefits to obtain the consent of a person having authority over another for the purpose of exploitation. The recruitment, transportation, transfer, harboring, or receipt of a child for the purpose of exploitation is considered human trafficking even if none of the aforementioned means are used. The recruitment of children into armed forces and/or armed groups is considered as trafficking.

Currently, under Law No. 22/067 (Loi n° 22/067), there have been amendments to the penal code which criminalize all forms of labour trafficking and some forms of sex trafficking. Article 3 of the law prescribed penalties of 10 to 20 years and a fine of 30 million to 60 million Congolese francs (CDF) which increased to a minimum of 15 years’ imprisonment and a fine of 150 million CDF ($56,390) if the offense involves abduction, threat or use of force, or other forms of coercion. Articles 174(j) and 174(n) of the Sexual Violence Law (2006) as well as Articles 182 and 183 of the Child Protection Law have both criminalized all forms of child sex trafficking and prescribed penalties of 5 to 20 years’ imprisonment and a fine of between 200,000 and 1 million CDF.

Stateless person

In the ‘Plan d’Action National de Lutte contre l’Apatridie 2021-2030’ (National Action Plan to Combat Statelessness 2021-2030), at page 6, the definition of a stateless person is any person whom no state considers as its national under its legislation.

Returnee

There is no definition in the DRC legislation. UNHCR defines a returnee as a « refugee or internally displaced person who has returned to their country or area of origin to remain there permanently".

3.1.1 The principle of non-refoulment in the national context

Article 30 of the Refugee Act specifically includes the principle of non-refoulment. The English version of the Article (non-official translation) is the following:

No refugee or asylum seeker may be forcibly returned (“refoulé”) or expelled to a country where their life or freedom would be threatened because of their race, religion, nationality, membership in a particular social group, or political opinions.
No refugee or asylum seeker may be forcibly returned (“refoulé”) or expelled to their country of origin or the country of their nationality while that country is under aggression, external occupation, foreign domination, or experiencing events that seriously disturb public order in part or all of its territory.

There is one exception to the principle of non-refoulment. According to Article 31 of the 2002 Refugee Act, a refugee or asylum seeker can be expelled from the DRC territory, based on national security or public order related reasons. However, the refugee or asylum seeker should be granted the opportunity to defend themselves in front of the CNR (Commission Nationale des Réfugiés) or the Appeal Commission. If the decision to expel the refugee or asylum seeker is maintained, then there should be a reasonable time period for the person to plan their resettlement in another country of asylum.

3.2.1 National Laws and regulations regarding entry of asylum seekers

Article 5 of the Foreigners Act (1983) addresses conditions of entry for refugees and asylum seekers. If a foreigner claims to be a refugee, but do not have a recognized status yet, then they are obligated to wait for the decision pertaining to their refugee status in a place designated by the territorial administrative authority.

This is the only provision specifically mentioning refugees in the Foreigners Act. The Foreigners Act is however outdated as it mentions some institutions that do not exist anymore in DRC.

3.2.2 Limitations on access to asylum during periods of National Emergency

Since the publication of the new Constitution in 2006, and despite the fact that in Article 85 of the Constitution, it is stated that a law will determine the modalities of a state of emergency, there had been no legal text on a state of emergency until 2020 and the Covid-19 pandemic.

In 2020, the Ordinance No. 20/014 of March 24, 2020 proclaiming a state of health emergency to address the COVID-19 epidemic was passed, and then extended and modified by Ordinances No. 20/026 and No. 20/041. According to Article 2 of this Ordinance, the borders were closed to all individuals and passengers destined for the Republic of Congo. The only exception was cargo ships and other freight transport, which were allowed to access the national territory. No provision of the ordinance mentions access for refugees and asylum seekers at the borders.

4.1.1 Access to reception facilities for asylum seekers

The CNR (Commission Nationale pour les Réfugiés /National Commission for Refugees) and its provincial branches are responsible for the reception of refugees (Article 19, 2005 Internal Regulations of the CNR). According to Article 15 of the Refugee Act, in some provinces, the Governor of the province or the nearest territorial authority can also be responsible, subject to the attributions to provincial branches. However, all asylum requests must be transferred by the authorities or provincial branches to the Permanent Secretariat of the CNR as soon as possible after being received in order to be recorded. Article 16 makes the asylum procedure completely free of charge for all. Finally, according to Article 29, refugees must present themselves to the mentioned authorities within thirty days of entering the territory. If they fail to do so, they may be brought before the CNR by the relevant services.

4.1.2 Further accommodations made for reception of particularly vulnerable groups among asylum seekers

There is no such legal provision within the DRC legislation that makes further accomodations for potentially vulnerable groups among asylum seekers.

4.2.1 Detention of asylum seekers

There is no specific provision on the detention of asylum seekers. However, the Foreigners Act defines immigration-related detention in Articles 21, 22, 23, and 24. According to this law, sentences are generally short and do not exceed six months. Foreigners can be detained if:

• They have been expelled from the country, or ordered to be expelled, and have re-entered without special authorization from the President (Article 21).

• They are guilty of illegal entry or stay in the country. For instance, they have not applied for a residence permit; they have stayed in the country after their residence permit was refused or withdrawn; their residence permit is invalid; or they have obstructed officials acting under the provisions of the current ordinance-law or its implementing measures (Articles 22 and 24).

• They are unable to present, upon request from the authorities, documents authorizing them to stay in the DRC (Article 23).

The last case is particularly problematic, as the Refugee ID Card is only valid for two years, and the asylum attestation for a significantly shorter period. Due to various practical challenges, including geographical and safety-related issues, the timely renewal of ID Cards cannot always be guaranteed. Consequently, many asylum seekers and refugees face problems with expiration.(UNHCR, 2023 RPRF, p.5).

4.2.2 Detention of Children

There is no explicit prohibition of the detention of children, including refugee children for immigration-related reasons. However, both the Decree on Delinquent Children (1950) in conflict with the law (Article 2), and the Child Protection Law (Article 113), lists a number of alternative sentences such as guardianship, education, and preservation measures, or the regime of supervised liberty. Because the relevant institutions and structures are inexistent or malfunctioning, these alternatives are rarely implemented. Consequently, children in conflict with the law are imprisoned in the same correctional facilities as adults. The age of criminal responsibility is set at 14 (Child Protection Act, Article 95).

4.2.3 Detention conditions set out in the laws and regulations

The Congolese law guarantees the rights of arrested or detained people. For instance, according to Articles 17 to 21 of the Constitution, these rights include:

- Presumption of innocence: Every individual is presumed innocent until their guilt has been proven and recognized.

- Individuality of criminal responsibility: no one can be arrested, prosecuted and/or detained for someone else’s actions.

- Knowledge of the reasons for one's arrest: the reasons for one’s arrest must be given in a language understood by the arrested person.

- Right to a defense: Every individual has the right to be defended in court either by themselves or by a counselor of their choice. They have the right to counsel throughout the procedure, including during police custody.

- Judgements must be reasoned and written.
- Right to appeal

Furthermore, Articles 45 to 81 of the 2019 Order Establishing the Internal Regulations for “Standard Model” Prison Facilities states that penitentiary centers must adhere to rules regarding hygiene, nutrition, and access to healthcare for inmates. For instance, detainees have the right to have adequate sleeping space, be provided with two meals a day, and have the opportunity to take a daily walk. The right to practice one's religion, the right to correspondence and visitation are also protected. In reality, the conditions of detention were deemed in the National Justice Reform Policy (2013-2017) contrary to human dignity and the correctional system is characterized by overcrowding, a lack of food, hygiene, and access to healthcare. The National Justice Reform Policy planned to implement several programs to overcome these issues.

There is no legal provision ensuring that asylum seekers or refugees are accommodated separately from persons accused or convicted of criminal offenses.

4.3.1 Social and legal assistance offered to asylum seekers

According to Article 9 of the Refugee Act, the CNR is responsible for providing for the basic needs of refugees and asylum seekers on the DRC territory, especially regarding housing, food, health, and education. However, this assistance is provided only within the limits of the resources available. Additionally, the CNR can receive support from national and international organizations to complete its mission.

In practice, assistance is usually provided by UNHCR and other humanitarian organizations (UNHCR, 2023 RPRF, p. 12)..

Regarding legal aid, it is not yet available in DRC but the National Justice Reform Policy (2013-2017) plans the creation of a legal aid fund in order to ensure that vulnerable populations have access to counsel and defense.

Though not stated in the law, assistance is provided free of charge, especially as it is provided by UNHCR and humanitarian organizations.

4.4.1 Right to Family Unity

According to Article 3 of the Refugees Act, the dependents and family members, who join or live with the refugee who is the family head, benefit from the same status as the head of family, provided that the exclusion clauses do not apply. Furthermore, according to Article 15 of the Refugees Act, each asylum seeker, including family dependents, receives an asylum-seeker attestation.

According to Article 3 of the Refugees Act, the dependents and family members, who join or live with the refugee who is the family head, benefit from the same status as the head of family, provided that the exclusion clauses do not apply. This is the only provision in the Refugee Act pertaining to family unit. The proofs for family relation are detailed in the Family Code. For marriage, the proof of relationship is usually the marriage certificate or the family record book (Article 436). If there are no documents proving the marriage, it can still be established through possession of marital status. Possession of marital status means that two people regard and treat each other as spouses and are recognized as such by their relatives and society. This can be proven by presenting more than one witness, who may or may not be a relative (Article 438). For maternal filiation, it is established either through a birth certificate (Article 596), a declaration of maternity (Article 597à), or a maternity investigation lawsuit (Article 600). As for paternal filiation, it is established either through a civil status record or by possession of the status of a child (Article 633).

However, if a civil status document cannot be retrieved, then the Peace Court (Tribunal de Paix) can issue certificates of notoriety (actes de notoriété) that serve as birth, death, or marriage certificates as appropriate (Articles 153 to 156). The certificate of notoriety must then be approved by the president of the Peace Court. Without this approval, the certificate retains only its informational value. The statement of the applicant must be corroborated by two witnesses.

4.4.2 Socio-economic rights afforded to asylum seekers: work, education healthcare and freedom of movement

According to Article 5 of the Foreigners Act, that if a person claims to be a refugee but is not recognized as one, this person is assigned to a residence area where they must stay until a decision regarding their status is reached. The Refugees Act only grants freedom of movement to refugees.

Similarly, access to work and education is only granted to refugees and Article 32 of the Refugees Act do not include asylum seekers. However, Article 9 of the Refugee Act places the responsibility of providing for asylum seekers’ education basic needs, within the limits of the resources available. Additionally, Article 13 of the Constitution enshrines the right of education to all.

Regarding health care, according to Article 9 of the Refugee Act, the CNR is responsible for providing for the basic needs of refugees and asylum seekers, within the limits of the resources available, when it comes to health. Similarly, Article 47 of the Constitution guarantees the right to access health care. Again, Article 32 of the Refugees Act which grants refugees the same treatment as nationals with respect to health care, does not include asylum seekers.

4.4.2 Access to UNHCR facilities for asylum seekers

According to Article 15 of the Refugee Act, the asylum claim can be recorded by UNHCR, and then transferred to the Permanent Secretary of the CNR, implying that asylum seekers have the right to access to UNHCR. Furthermore, Article 8 of the Refugee Act also mentions that the CNR and UNHCR closely collaborates.

4.5.1. Determination of ‘Child’s Best Interest’ principle among asylum seeker children

Article 6 of the Child Protection Act defines the child’s best interests (“intérêt supérieur”) as the commitment to safeguard and prioritize their rights above all else. The child’s best interests are conditioned by the child’s moral, emotional, and physical needs, as well as their age, health, family environment, and the various aspects related to their situation. All decisions and measures affecting a child must take into consideration their best interests.

4.5.2. Current measures to address separated asylum seeker children

According to Article 31 of the Child Protection Act, the child should be kept in their family environment, and any decision affecting the child should avoid separating them from their parents. If, however, it is assessed that it is in the child’s best interest to be separated from their parents or legal guardians, the separation can only take place after a judicial decision was taken in accordance with the provisions of the Child Protection Act.

According to Article 35, the child who was separated from their parent has the right to maintain personal relationships with them or other family members, unless the judge decided otherwise, based on the child’s best interests. If one or all the parents are absent, in detention, in exile, imprisoned, expelled, or deceased, the child has the right to access information about their whereabouts (Article 34). Officers of the Public Ministry are responsible for providing this information, after the child or the person responsible for them requested it.

Finally, Article 36 guarantees the right to family reunification. Social assistants are in charge of facilitating family reunification.

4.5.3 Registration of births and documentation among asylum seeker children

According to Article 116 of the Family Code, any birth that occurred on the Congolese territory must be registered by the civil status officer of the residence of the father or mother. Since the 2009 Child Protection Act, the birth registration should take place within 90 days of the reported event (Article 16). Furthermore, birth registration is free of charge.

However, the Refugee Act only mentions refugees when granting them the right to access civil status services.

5.1.1 Reception official at first instance

The CNR (Commission Nationale pour les Réfugiés / National Commission for Refugees) is the authority in charge of examining refugee status applications and making a decision in the first instance. The relevant texts of law are the Refugee Act, the 2003 CNR Decree, and the 2005 National Regulations of the CNR. The CNR is a public service, that falls under the jurisdiction of the Ministry of Home Affairs. The CNR is composed of three organs:

• The CNR which is in charge of making a decision pertaining to the refugee status of the claimant (Article 5 of the 2003 CNR Decree);

• The Permanent Secretariat, tasked with the reception and recording of all refugees’ claims (Article 9 of the 2003 CNR Decree);

• The Provincial branches, which also receive and record refugees’ claims (Article 19, 2005 National Regulations of the CNR).

5.1.2 Procedural and legal guidance and assistance offered to asylum seekers

There is currently no provision in the DRC law that explicitly states that any sort of procedural or legal assistance should be given or made available to asylum seekers. In fact, it was also reported in the 2023 Refugee Policy Review Framework that the 2002 Refugee Law was still not available in the languages spoken by the refugee population (UNHCR, 2023 RPRF, p.5),, which presents a challenge when raising awareness on refugees and asylum seekers’ rights.

There is no provision regarding legal assistance, inclusive the services of a competent interpreter in the law. However, in Article 17, it is mentioned that if the asylum seekers is summoned to appear in front of the CNR in order to personally present documents or explanations as to why they are seeking asylum, they can be assisted by a counsel and an interpreter of their choice and at their own expense.

Free legal aid is not yet available in DRC but the National Justice Reform Policy (2013-2017) plans the creation of a legal aid fund in order to ensure that vulnerable populations have access to counsel and defense. It is unsure at the moment whether or not refugees and asylum seekers would have access to this fund.

5.1.3 Availability of Legal Aid

Free legal aid is not yet available in DRC but the National Justice Reform Policy (2013-2017) plans the creation of a legal aid fund in order to ensure that vulnerable populations have access to counsel and defense. It is unsure at the moment whether or not refugees and asylum seekers would have access to this fund.

There is no provision in DRC law allowing asylum-seekers to obtain access to their information and report during the process. However, according to Article 17 of the 2002 Refugee Act, it is possible that they are requested to appear before the CNR in order to present additional documents and information if clarification is needed. Furthermore, when the asylum seeker is notified of the CNR’s decision, the notification should include all the pieces of information needed to appeal the decision. It is not mentioned that they could access their files even after the decision was notified.

5.2.1 Confidentiality of personal information and data

Personal information’s confidentiality is only guaranteed to a certain measure. Article 31 of the Constitution states that everyone has the right to respect for their private life and the confidentiality of correspondence, telecommunications, or any other form of communication.

In 2020, Article 131 of the Law No. 20/017 of November 25, 2020, on Telecommunications and Information and Communication Technologies guarantees the confidentiality of personal data.

Furthermore, since 2022, a new law creating the General Population Registry in the Democratic Republic of Congo covers more extensively the topic of the confidentiality of personal information. This General Population Registry contains biographical and biometric information related to the identity of individuals, as well as information pertaining to civil status for nationals and residents. According to Article 13, only a few authorities are allowed to access these data, namely:

• Congolese public authorities, with respect to the information they are authorized to access under a law, ordinance, decree, order, or judicial decision;

• Public or private entities under Congolese law, for information necessary to carry out missions of public interest entrusted to them by a law, ordinance, decree, order, or judicial decision;

• Individuals or legal entities acting as subcontractors for Congolese public authorities or the public or private entities mentioned in the first two points, for information necessary to fulfill their mission;

• Competent judicial police officers, equipped with authorization from a court president, a request from a public prosecutor, or authorization from an investigating judge;

• Legal professionals, for information they are authorized to access under a law, ordinance, decree, order, or judicial decision;

• Technical service providers and agents responsible for the operation, maintenance, and upkeep of the system, individually designated for a specified duration.

However, this right to privacy and confidentiality is not mentioned in the Refugee Act.

There is no such provision in the 2002 Refugee Act. However, in Article 132 of the Law No. 20/017 of November 25, 2020, it is stated that any transmission of personal data can only be carried out with the authorization of the concerned user or the competent public authority.

5.3.1 Registration of family members of registered asylum seekers

The CNR and UNHCR has been working together to ensure the registration of every asylum-seekers and their dependents in the refugee management database progress and to issue the proof of registration at household level with photograph and biographical data of each member. (UNHCR, 2023 RPRF, p.6).

5.3.2 Obstacles to applying for asylum while in detention

Although the Refugee Act designates the Secretariat as the authority authorized to receive an asylum application, the 2023 Law on the Penitentiary System grants, in its Articles 41 and 42, detainees a release permit to fulfill a procedure requiring the presence of the convicted person. According to these articles, individuals could therefore be granted a release permit to submit an asylum application.

5.3.3. Making a claim for asylum at the border

There is only one procedure detailed in Article 15 of the Refugee Act. According to this article, all claims must be submitted to the Permanent Secretariat of the CNR, the Governor, the territorial authority, or UNHCR.

There is no provision regarding border officials. However, in Article 15 of the 2002 Refugee Act, the Permanent Secretariat of the CNR, the Governor, the territorial authority, or UNHCR are identified as the authorities that can receive an asylum application. It is imperative that this application be subsequently forwarded to the President of the CNR so that it can then be registered by the Permanent Secretariat.

According to Article 15 of the Refugee Act, each family member receives a receipt serving as a residence permit. According to the same article, this residence permit remains valid for the entire duration of the eligibility procedure. However, in practice, it appears that the asylum-seeker attestation is only valid for three months and subject to renewal (CNR, Enregistrement).

Currently there are no other procedures to apply for asylum at the border except for the one procedure detailed in Article 15 of the Refugee Act. According to this article, all claims must be submitted to the Permanent Secretariat of the CNR, the Governor, the territorial authority, or UNHCR.

* *5.3.4 Necessity of travel or identity documents for concerned persons

The only documents that an individual must present during their first contact with the authorities responsible for receiving their asylum application are documents proving their country of origin. These documents can be originals or copies (CNR, Enregistrement).

5.3.5 Challenges for individual asylum seeker claims for females

Currently there is no gender-sensitive procedure.

5.5.1 Standard of credibility for an asylum claim

There is no provision pertaining to credibility assessment in DRC law.

5.5.2 Provisions and standards for decision makers

The eligibility procedure is detailed in the Refugee Act from Article 15 to Article 1; in the 2005 Internal Regulations of the CNR from Article 10 to Article 14; and Article 8 of the 2003 CNR Decree, as well as Articles 11 to 15.

Once the asylum application is submitted either to the Permanent Secretariat of the CNR, the UNHCR, the Governor, or the nearest territorial authority, it must be forwarded as soon as possible to the Permanent Secretariat if it was not submitted directly to it. The application is then reviewed by the National Commission, which meets once a month upon the convocation of the President of the CNR. The Commission may also meet in extraordinary session in cases of urgency or necessity. At least two-thirds of its members must be present for it to deliberate. Decisions on asylum applications are made by a simple majority vote. While the UNHCR participates in the sessions, its representative only has a consultative voice.

The asylum seeker may be summoned by the Commission to appear in order to provide any explanation or additional document necessary for decision-making. If needed, the asylum seeker may be assisted by counsel or an interpreter, at their own expense.

Any decision or opinion of the Commission must be justified. In case of rejection, the asylum seeker must be notified in writing, with all necessary information enabling them to exercise their right of appeal.

The procedure is free of charge, and the Commission's deliberation must take place within six months of the asylum application’s submission date. However, in practice, the determination of refugee status on an individual basis rarely adhered to the prescribed timelines, and some asylum seekers waited several years before a decision on their status was made. Additionally, it was noted that refusals to grant refugee status were not consistently notified, which hindered their ability to appeal (UNHCR, 2023 RPRF, p.4).

5.5.2 Assessment of individual claims of family members and dependents of potential refugees

According to Article 3 of the Refugee Act, family members or dependents are granted the same status as the refugee who is the head of the family. The asylum application of a family member or dependent is only assessed on its own merits if it turns out that an exclusion clause may apply.

5.6.1 Interview and decision making process at first instance

There are currently no provisions within DRC’s laws speaking directly to interviews and decision making being mandatory at first instance. However, Article 17 of the Refugee Act mentions that the asylum-seeker can be summoned by the CNR in order to present additional documents or explanation pertaining to their claim.

5.6.2. Access to ‘Country-of-Origin Information’(COI) available to decision makers

There is no identified authority in charge of collecting and provide accurate, and up-to-date country of origin information. The 2005 Internal Regulations of the CNR lists the missions of various organs composing the CNR: the National Commission (Article 3); the Permanent Secretariat and its Units (Articles 16 and 17); and the provincial branches (Article 19). However, none of them were tasked with providing information pertaining to the asylum seekers’ country of origin.

5.6.3 An asylum seekers access to a decision and possibility to appeal

According to the laws of DRC there is no mandatory requirement for an asylum seeker to be given access to any decision made on their claim for the sake of a potential appeal (even though the right to appeal does exist). Nonetheless, asylum-seekers can be requested to appear in front of the National Commission to present additional documents or explanation, thus providing them with the opportunity to clarify any possible contradictions and to prevent misunderstanding.

5.8.1 Asylum seekers right to appeal decisions

According to Article 24 of the Refugee Act, the asylum seeker whose claim has been denied can appeal the decision in front of the Appeals Commission within the ninety days following the notification of rejection. Furthermore, Article 19 mentions that asylum seekers whose claim has been denied must be notified in writing and be provided with all the necessary information for them to be able to appeal the decision.

However various obstacles to asylum-seekers’ right to appeal were reported by UNHCR. Over the past years, the Appeals Commission has remained inactive due to the government’s instability. Furthermore, asylum-seekers are insufficiently informed of their right to appeal and the reasons for denying granting refugee status were not consistently notified, which hindered their ability to appeal (UNHCR, 2023 RPRF, p.4).

5.8.2 Administrative assessment of appeals

Article 22 of the Refugee Act identifies the Appeals Commission as the sole authority responsible for assessing appeals. The 2003 CNR Decree further explains the role and composition of the Appeals Commission. There is no provision stating that the Appeal Commission is independent from the first instance authority, however, Article 19 states that no member of the National Commission may sit on the Appeals Commission. The only exception is the Permanent Secretary, but they do not have a deliberative vote.

The Appeals Commission is composed of:

• The Minister of the Interior or their representative: President;

• The Minister of Foreign Affairs and International Cooperation or their representative: Vice-President;

• The Minister of National Defense or their representative: Member;

• The Minister of Justice or their representative: Member;

• The Minister of Human Rights or their representative: Member;

• The Administrator General of the National Intelligence Agency (ANR) or their representative: Member;

• The Inspector General of the Congolese National Police (PNC) or their representative: Member;

• The Director General of Migration (DGM) or their representative: Member;

• The Permanent Secretary: General Rapporteur: Member.

5.8.3 Outcome of an appeal decision: what is available to the asylum seeker

Article 19 mentions that asylum seekers whose claim has been denied must be notified in writing and be provided with all the necessary information for them to be able to appeal the decision. However, it is not mentioned that the information is provided in a language they understand. In practice, this principle is not necessarily respected as it was observed that asylum-seekers are insufficiently informed of their right to appeal and that the reasons for denying granting refugee status were not consistently notified (UNHCR, 2023 RPRF, p.4).

5.8.4 Procedures and standards of appeal hearings or interviews

There is no provision in DRC law that sets out an exact procedure and standard for appeals. In practice, as the Appeals Commission has remained inactive for the past years (UNHCR, 2023 RPRF, p.4), it is impossible to assess if its decision considers both fact and law based on reliable, accurate, and up-to-date information.

Article 25 of the Refugee Act explains that it is mandatory for the asylum-seeker to appear in front of the Appeals Commission. They can then be assisted by a counsel and/or interpreter of their choice, at their own expense. In practice, because these hearings take place in Kinshasa, it can be challenging for asylum-seekers living in some provinces to attend them (UNHCR, 2023 RPRF, p.4).

5.8.5 Period between appeal hearing and final decision

According to Article 25 of the Refugee Act, until a final decision has been reached by the Appeals Commission, the asylum seeker is allowed to stay on the DRC territory.

5.9.1. Children

5.9.2. Person with disabilities

5.9.3. Women

5.9.4. LGBTIQ

5.10.1 Average processing time, from the asylum claim registration to the decision on refugee status

According to Article 8 of the 2003 CNR Decree, the decision on refugee status must be made within six months of the asylum application’s submission date. However, in practice, the process has been slower and can extend for several years (UNHCR, 2023 RPRF, p.4).

5.10.2 Types of residence offered to refugees by legislation

According to Article 28 of the Refugee Act, the Refugee ID card serves as a residence permit. The Refugee ID card, and consequently the residence permit, is valid for two years and is renewable.

Technically, refugees also have access to other residence permits listed in the 1987 Ordinance Implementing the Foreigners Act. However, the legislation governing visas and residency status is not up to date with the administrative process. For instance, the only long-term visa mentioned in the 1987 Ordinance is the settlement visa (visa d’établissement), which is valid for a maximum of 5 years (Article 2). However, according to the General Directorate of Migration, foreigners can obtain a permanent settlement visa (visa d’établissement permanent) after 15 years in the country (Aéroport de Kinshasa). The fees to obtain a permanent settlement visa are 1500 US$, which represents a significant financial barrier.

5.10.3 Duration of refugee status

There is no maximum duration for refugee status mentioned in DRC legislation. Refugee status is granted as long as the refugee does not meet the cessation clauses outlined in Article 4 of the Refugee Act.

5.10.4 Issuance of individual identity documents certifying refugee status

Article 27 of the Refugee Act grants refugee the right to be issued a Refugee ID card, which is valid for two years and is renewable, as well as a Travel Document. Both documents are issued free of charge.

All refugees are issued a Refugee ID card according to Article 27 of the Refugee Act. As family members and dependents are granted the same status as the refugee who is the head of the family, they are entitled to receive a Refugee ID card as well.

5.10.5 The effect of familial changes on an individual’s refugee status

There are no legal provisions stating that in the event of a change in civil status, such as marriage or divorce, or in the event of the death of the head of the family, the refugee status of family members or other dependents is thereby affected.

5.11.1 Forms of complementary or temporary protection in legislation

Currently there are no other forms of complementary or temporary protections offered to asylum seekers in DRC. Only refugee status is defined as a form of protection under the Refugee Act.

5.12.1. Exclusion

5.12.2. Cancellation

5.12.3. Revocation

5.12.4. Cessation

5.13.1 Process of returning those found not to be in need of international protection

It is not specified in the Refugee Act whether individuals who are found not to be in need of international protection are forced to return. However, without refugee or asylum-seeker status, they will need to regularize their stay in the DRC under the Foreigners Act, as they will no longer have a residence permit.

According to Article 15 of the Foreigners Act, an individual subject to an expulsion order can only be detained if they are likely to evade the execution of the expulsion measure. Detention lasts for forty-eight hours, but in cases of absolute necessity, it can be extended in increments of forty-eight hours, not exceeding a total of eight days.

5.13.2 Execution of removal orders

Both the Refugee Act and the Foreigners Act suggest that individuals subject to removal orders are notified in writing. Indeed, Article 15 of the Foreigners Act specifies that an expulsion measure must be issued through a reasoned order from the President of the Republic. Similarly, Article 31 of the Refugee Act states that a refugee or asylum-seeker subject to an expulsion measure must have the opportunity to present their defense before the National Commission for Refugees or the Appeals Commission, implying that the reasons for the expulsion must be communicated to the individual.

5.13.3 Readmission back into the country

The DRC has signed readmission agreements, mainly with European countries, such as France and Switzerland. However, these countries are not the countries of origin for the majority of asylum-seekers and refugees in the DRC.

6.1.1 Protection against non-discrimination

The principle of non-discrimination is enshrined in the Constitution on several occasions particularly with respect to ethnicity, political opinion, cultural and linguistic minorities, access to education and public services, family origins and religions. Article 14 especially emphasizes the principle of non-discrimination based on gender. Additionally, the 2002 law protects refugees and asylum seekers from discrimination due to their race, religion, nationality, membership of a particular social group, or political opinion. In practice, discriminatory behaviors and acts occur, especially those based on ethnicity (UNHCR, 2020 RPRF, p.4).

There are currently no direct legislation for the constitutional principles of non-discrimination, but the DRC is currently working on a law against tribalism, racism, and xenophobia.

6.2.1 Access to refugee travel documents or passports

Refugees are entitled to a Travel Document in accordance with the articles 27 and 28 in the 1951 Convention. The request is made by the refugee to UNHCR and the Ministry of Home Affairs is supposed to deliver the Travel document. However the travel documents are not biometric yet (UNHCR, 2023 RPRF, p.7). This makes it complicated for refugees to travel to certain destinations as the International Civil Aviation Organization requires for passports and travel documents to be biometric. Advocacy work is currently being undertaken by UNHCR in DRC to ensure that refugees travel documents are biometric.

The issuance and renewal of the identity document and the travel document are entirely free of charge, with no taxes applicable. This principle is well respected.

6.2.2 Limitations on the right to movement

According to Article 32 of the Refugee Act, freedom of movement is guaranteed for refugees, subject to administrative restrictions applicable to refugees. Additionally, Article 11 of the Foreigners Act guarantees freedom of movement for foreigners as well under the condition that they are able to present their documentation when requested by law enforcement officers. This can be problematic as not all refugees are in possession of a Refugee ID Card, especially in remote areas. For instance, in 2020, only 16% of recognized refugees had a Refugee ID Card.

In the case of refugees living within the premises of a refugees’ camp and attending schools outside of its premises, they must obtain an exit permit issued by the camp administrator.

Article 11 of the Foreigners Act states that foreigners can stay and move freely within the DRC territory. Even though there are camps in DRC, most refugees (75% of them) live outside of them, in rural areas. Two percent live in urban settings such as Kinshasa and. Lubumbashi. In total, 23% of refugees live in planned settlements (UNHCR, 2023 RPRF, p.1)..

6.5.3 Birth registration and documentation of children of refugees

Article 34 of the Refugee Act states that refugees can obtain birth certificates under the same conditions as nationals from DRC. Birth registration should take place within 90 days of the reported event. However, the services of registration of vital events are limited in rural areas. There are difficulties to reach certain areas where a majority of refugees live. Indeed, roughly 25% of the refugees in DRC live in areas that are accessible, meaning in urban settings and refugees camps. The remaining 75% live in remote areas that are extremely difficult to reach (UNHCR, 2023 RPRF, p.1). In these areas, relevant services are rarely close to the place of residence. The lack of transports also makes it difficult for them to reach the registration centers. Moreover, some of these centres do not have functional services and enough staff members to take care of all the enquiries and registrations. Finally, there is a lack of awareness on the matter. It was reported that a significant part of the refugees is not aware that vital events can and have to be registered in the host countries as they believe it is only possible to do so in their country of origin.

All these conditions hamper the ability to register a child’s birth within the 90 days period. Once the 90 days period is passed, it becomes significantly more difficult for refugees to register the birth of their children. They must apply to the court for a suppletive birth certificate. This procedure is not easy in regions where the Peace Courts are not close at hand, and because the procedure requires the payment of fees approaching $150.

The proportion of refugee and asylum-seeker children under 5 years of age whose births have been registered with a civil authority is 90%. However, it was noted that there is a significant gap between children whose birth were registered and children who have a birth certificate (UNHCR, 2023 Annual Report, p.9)

6.2.4 Freedom of religion

The Constitution guarantees freedom of religion for all (Article 22) and prohibits any manifestation of discrimination on the grounds of religion (Article 13), including within the education sector (Article 45). Moreover, the 2014 Framework law on education includes in Article 3 the definition of freedom of education the freedom of parents to choose an education corresponding to their religious or philosophical convictions. As refugees are entitled to the same rights and treatment as nationals with respect to education, according to Article 32 of the Refugee Act, such principles also apply to them.

6.2.5 Rights of the Refugee Child

Several texts of law assert the right to primary education for all, including refugees. With respect to education, refugees are entitled to the same rights and treatment as nationals, according to Article 32 of the Refugee Act. The internal regulation of refugee camps also provides for refugees children to have access to primary education. Discrimination is prohibited on the grounds of religion, family origin, social status, place of residence, political opinions or convictions, and belonging to a race, ethnicity, tribe, cultural, or linguistic minority, by both the Constitution and the 2014 Framework Law on Education. Primary education is free for all.

Although below the national average, the proportion of refugees children enrolled in primary school has improved these past years thanks to projects like the Education Quality Improvement Program and the Projet d’Education Pour la Qualité et la Pertinence des enseignements aux niveaux Secondaire et Universitaire.

The Child Protection Act specifically mentions refugee and forcibly displaced children. Article 41 guarantees that any child who is forcibly displaced, a refugee, or seeking asylum is entitled to protection, support, and humanitarian assistance.

6.2.6 Refugees rights to secondary and tertiary education

Several texts of law assert the right to secondary education for all, including refugees. With respect to education, refugees are entitled to the same rights and treatment as nationals, according to Article 32 of the Refugee Act. Discrimination is prohibited on the grounds of religion, family origin, social status, place of residence, political opinions or convictions, and belonging to a race, ethnicity, tribe, cultural, or linguistic minority, by both the Constitution and the 2014 Framework Law on Education. However, the internal regulations of refugees camp only names the right to primary education for children refugees. Although below the national average, the proportion of refugees children enrolled in primary school has improved these past years thanks to projects like the Education Quality Improvement Program and the Projet d’Education Pour la Qualité et la Pertinence des enseignements aux niveaux Secondaire et Universitaire. The percentage of refugees children enrolled in secondary school (35.83%) however remain significantly lower than the percentage of refugees children enrolled in primary school (62.85%) (UNHCR, 2023 Annual Report, p.6).

6.2.7 Refugee right to state social assistance

According to Article 32 of the Refugee Act, refugees enjoy the same treatment as DRC nationals regarding social assistance. However social assistance is very limited, due to strained resources and the fragility of social nets. Consequently, both nationals and refugees do not often benefit from this social assistance (UNHCR, 2023 RPRF, p.12). One of the main institutions in DRC is the Fonds Social de la République Démocratique du Congo (FSRDC) which has progressively include refugees into their livelihood support programs. The decree creating the FSDC names in Article 3 among its missions the responsibility to improve social services for disadvantaged communities across the country, including displaced and resettled individuals. In the National Strategic Development Plan, the DRC government also committed to further the inclusion of the most vulnerable populations in the social action, for instance by building, rehabilitating and equipping the social infrastructures of the Ministry of Social Affairs, which is in charge of social assistance.

6.2.8 Access to legal assistance

According to Article 33 of the Refugee Act, refugees enjoy the same treatment as DRC nationals regarding access to the court.

However, courts are not accessible for most of the refugees. Indeed, roughly 25% of the refugees in DRC live in areas that are accessible, meaning in urban settings and refugees camps. The remaining 75% live in remote areas that are extremely difficult to reach. In these areas, Peace Courts are rarely close at hand, and it is extremely difficult for refugees and nationals to travel to Peace Courts due to the lack of functional transports. Besides, the legal fees are difficult to cover for many of these refugees and the legal aid system is too weak at the moment to fully support refugees in need (Justice Reform Policy, p.13).

6.2.9 Refugee rights to property

There are no provisions in the Refugee Act granting refugees access to artistic rights and patent rights. However, the 1982 Intellectual Property Law states in Article 3 that any national of a member country of the International Union for the Protection of Industrial Property benefits from the law, including patent rights. The article also implies that any person habitually residing in the DRC is entitled to these rights. Regarding artistic rights, the 1986 Ordinance-Law on the protection of copyright and related rights applies only to foreigners whose countries have signed reciprocity agreements or an international convention to that effect, as stipulated in Article 3.

There is no provision in the Refugee Act regarding the right of refugees to acquire movable and immovable property. In practice, authorities usually refer to the 1951 Convention, which grants refugees the most favorable treatment accorded to foreigners.

6.2.10 Refugee rights to work and conduct business

Article 32 of the Refugee Act entitles refugees to the same treatment as nationals with regard to exercising a professional activity, this includes wage-earning employment and self-employment.

Furthermore, Article 1 of the Labour Code states that it applies to all workers carrying out their professional activity within the territory of the Democratic Republic of Congo, regardless of race, gender, marital status, religion, political opinion, national descent, social origin, or nationality. It therefore also includes refugees.

Legal ambiguity stems from the fact that the Labour Code includes provisions on foreigners’ right to work as they need to obtain a work permit from the National Commission for Foreigners’ Employment (Articles 208 to 211) but do not include special provisions on refugees. Consequently, even though refugees should receive the same treatment as nationals with regard to exercising a professional activity, employers often request that they obtain this work permit (UNHCR, 2023 RPRF, p.8).

However, due to the high unemployment rate in the country, refugees’ access to both formal and informal employment is particularly difficult. Consequently, only a very low percentage of refugees are formally employed. The lack of data on the matter also makes it complicated to properly assess the employment situation of refugees in DRC. The fact that many refugees do not hold a refugee ID, which must be renewed every two years further hinders their capacity to access formal employment.

However, the ONEM, DRC Employment Public Service, is progressively integrating refugees in their database to match them with employment opportunities which improves the general refugees employment level. One of the advantages of being registered at the ONEM is that refugees receives an official job-seeker card, thus asserting their right to work and employability among employers.

6.2.11 Refugee rights to financial institutions

Refugees are allowed right to open a bank account and access traditional financial services, according to an administrative regulation issued by the Central Bank in 2018. No obstacles at this level have been reported (UNHCR, 2023 RPRF, p.9)

6.2.12 Labour rights and social security for refugees

Refugees are not explicitly mentioned in the Labour Code. Only foreigners in general are referred to in Articles 208 to 211. However, the Refugee Act states that refugees are entitled to the same treatment as nationals in terms of access to employment. Additionally, refugees are not explicitly mentioned in the 2016 Social Security Law, but foreign workers are described as subject to Article 3.

6.2.13 Social assistance for refugees with disabilities

The DRC Constitution protects in Article 49 individuals with disabilities by asserting their rights to specific protective measures related to their physical, intellectual, and moral needs. However until 2023, no specific measures, actions, or legislation ensured the possibility for people with disabilities to enjoy these rights. There is no mechanisms yet to identify people with disability (UNPRPRF, 2022 Country Report, p.25), making it difficult to accurately assess their situation, evaluate their needs, and implement responsive actions. Due to inadequate school infrastructure for their situation, and in some cases, the difficulty of access to schools for disabled individuals (for example, the distance between their place of residence and the school), the rate of dropout was particularly high for people with disabilities. This further hampered their chance to be employed, adding to other barriers such as the lack of adapted transport and stigma. In 2022, a law was passed to promote and protect the rights of individuals with disabilities. This included the right to adapted services in the school system, health sector, transports and housing. The law applies to any person with a disability present on the national territory, without any distinction. However, the law is still recent, which means that it is too early to assess its implementation and identify obstacles that might prevent people with disabilities these newly stated rights.

6.2.14 Duties of a refugee towards host state

The duties mentioned in the Refugee Act are twofold:

• The obligation to comply with the laws and regulations of the country, as well as with measures taken to maintain public order and national security (Article 35).

• To refrain from any subversive activity likely to compromise national security and the Democratic Republic of Congo or its relations with its country of origin or the country of which the refugee holds nationality; or any activity incompatible with the goals, objectives, and principles of the African Union and the United Nations (Article 36).

7.1.1 Administrative and procedural standards for voluntary repatriation

According to Article 9 of the Refugee Act, the CNR is in charge of assessing the resettlement requests in the DRC and the taking of all necessary measures to welcome resettled refugees and asylum seekers in the best possible conditions of security and dignity. However, these measures only apply to those wishing to be resettled/repatriated to the DRC, and not to refugees residing in the DRC who wish to benefit from voluntary repatriation to their country of origin. It appears that the UNHCR is responsible for the repatriation of refugees and asylum seekers, but due to financial constraints, its quantitative objectives in this area have not been met. Moreover, a lack of interest in voluntary repatriation has been observed, particularly among South Sudanese refugees, due to the security situation in their home country (UNHCR, 2023 Annual Report, p.7).

However, the DRC has signed several tripartite agreements for the repatriation of refugees living in the DRC, such as:

1. Tripartite agreement DRC-Rwanda-UNHCR, signed in Kinshasa on October 24, 1999, for the repatriation of Rwandan refugees;

2. Tripartite agreement DRC-Republic of Congo-UNHCR, signed in Kinshasa on April 10, 1999, for the voluntary repatriation of Congolese refugees living in the DRC;

3. Tripartite agreement DRC-Angola-UNHCR, signed in Kinshasa on December 10, 2002, for the repatriation of Angolan refugees living in the DRC;

4. Tripartite agreement DRC-Republic of Congo-UNHCR, signed in Kinshasa on September 2, 2004, for the repatriation of Congolese refugees;

5. Tripartite agreement DRC-Sudan-UNHCR, signed in Kinshasa on January 30, 2006, for the repatriation of Sudanese refugees living in the DRC;

6. Tripartite agreement DRC-Burundi-UNHCR, signed in Kinshasa on December 11, 2009, for the repatriation of Burundian refugees living in the DRC;

7. Second tripartite agreement Rwanda-DRC-UNHCR, signed in Kigali on February 17, 2010, for the repatriation of Rwandan refugees living in the DRC;

8. Second tripartite agreement DRC-Angola-UNHCR, signed in Kinshasa on June 8, 2011, for the repatriation of Angolan refugees living in the DRC;

9. Tripartite agreement DRC-CAR-UNHCR, signed in Kinshasa on June 5, 2019, for the repatriation of Central African refugees living in the DRC.

These agreements typically mention the rights of refugees within the framework of voluntary repatriation.

7.2.2 Opportunities for naturalization under legislation

The 2004 Citizenship Act provides for foreigners residing in the DRC to naturalize. However, the conditions are particularly demanding as the law requires the Council of Ministers to examine the request, the National Assembly to give its opinion, and the President to sign the decree (Article 12). Outside of the cases of birth on the DRC territory, marriage with a DRC national, adoption by Congolese parents, and the acquisition of nationality by parents, foreigners must meet several conditions to obtain the DRC nationality, including a minimum period of residence of seven years (Article 22), the proof of having « rendered outstanding services to the Democratic Republic » or that their naturalization « presents a real and visible interest for the Democratic Republic of Congo » (Article 11). The vagueness of the law on the conditions allows gives officers a wide margin of interpretation, often to the detriment of refugees' interests as these conditions are often interpreted in a very restrictive manner. In practice, very few refugees obtain the DRC citizenship. The tensed situation with Rwanda impacts the access to integration solutions for all refugee, hence the difficult legal conditions to meet to be naturalized. To the legally mentioned conditions, additional and discretionary conditions, as well as additional documents, are requested by the officers. This makes it even more complicated for refugees to access naturalization. Furthermore, in some cases, naturalization applications are submitted without the refugee receiving a receipt. This meant that if the file was lost, the person had no proof of having filed a naturalization request.

Refugee children born in the country are not recognized as DRC nationals at birth. However, they can request the nationality after their 18 year-old birthday, if they justify of a permanent residency in DRC, according to Article 21 of the 2004 Citizenship Act. To do so, Article 6 of the 2006 Order Implementing the 2004 Citizenship Act states that the applicant must submit their naturalization application together with a certificate of domicile in the Democratic Republic of the Congo; a duly legalized birth certificate issued by the competent authorities of his or her country of origin or by the Congolese authorities, or in the absence of a birth certificate, an administrative or judicial act supplementary to the birth certificate issued either by the competent Congolese authorities or by the competent authorities of his or her country of origin, attesting to his or her age and identity; an attestation certifying permanent residence in the Democratic Republic of the Congo; a written and signed declaration affirming the applicant's wish to acquire Congolese nationality; a translation into French of documents drawn up in another language, authenticated by the competent authorities of the country concerned.

Moreover, given the difficulties involved in obtaining permanent residency, it is rare, and even rarer for minors, to be eligible. This makes acquiring Congolese nationality by birth an almost impossible option.

7.2.3 Opportunities for permanent residency under legislation

Technically, refugees also have access to the residence permits listed in the 1987 Ordinance Implementing the Foreigners Act. However, the legislation governing visas and residency status is not up to date with the administrative process. For instance, the only long-term visa mentioned in the 1987 Ordinance is the settlement visa (visa d’établissement), which is valid for a maximum of 5 years (Article 2). However, according to the General Directorate of Migration, foreigners can obtain a permanent settlement visa (visa d’établissement permanent) after 15 years in the country (Aéroport de Kinshasa). The fees to obtain a permanent settlement visa are 1500 US$, which represents a significant financial barrier.

7.2.4 Availability to access active migration or skilled entry schemes

It does not appear that there are any barriers preventing refugees from accessing active migration or skilled entry schemes.

7.2.5 Recognition of academic, professional, and vocational diplomas and certificates acquired by refugees in their country of origin

According to Article 151 of the 2014 Framework-Law on Education, the central power is responsible for determining the equivalence with diplomas from foreign countries. Regarding higher education, the Academic Services Directorate of the Ministry of Higher Education and Academic Affairs has been assigned this mission. For high school certificates, it appears that their recognition is determined individually by ministerial decree. In general for primary and secondary education diploma, there is little difficulties for refugees to get them to be recognized.

Moreover, as a signatory member of the Conseil Africain et Malgache pour l'Enseignement Supérieur (CAMES) since 2011, the Democratic Republic of Congo is part of the diploma equivalence recognition program. The Democratic Republic of Congo is committed to recognizing and guaranteeing the equivalence of diplomas obtained in other signatory countries. These countries are Benin, Burkina Faso, Burundi, Cameroon, Central African Republic, Chad, Côte d'Ivoire, Republic of Congo, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Madagascar, Mali, Niger, Rwanda, Senegal and Togo. The Democratic Republic of Congo therefore recognizes the diplomas of a significant part of refugees on its territory, since it receives refugees from the Burundi, Central African Republic and Rwanda. Diplomas are recognized by a CAMES body, which examines applications from public and private higher education establishments in member states. It is up to the institution to apply to CAMES for recognition. Each accreditation is valid for five years.

For primary, secondary and tertiary degrees the CNR facilitates the recognition and plays an intermediary role.

7.2.6 Inclusion of refugees in national development plans

The National Strategic Development Plan 2019-2023 does not explicitly mention refugees in its measures. However, when considered alongside the Refugee Act, it appears that the measures outlined in the National Strategic Development Plan can be applied to refugees and in refugee-hosting areas. For instance, the DRC government has committed in this plan to enhance the inclusion of the most vulnerable populations in social action, such as through the construction, rehabilitation, and equipping of social infrastructure managed by the Ministry of Social Affairs, which is responsible for social assistance. Although not explicitly mentioned, refugees can be considered part of the most vulnerable populations.

7.2.7 Empowerment of refugee women

The Democratic Republic of Congo has established a National Action Plan for implementing United Nations Security Council Resolution 1325 on women, peace, and security 2019-2022. Among its objectives, Objective 8 aims to ensure the respect of the rights of women and girls, including refugee and displaced women. This objective is primarily achieved through a transformation of the justice system to better include these groups. As part of the logical framework accompanying this National Action Plan, several activities are planned targeting refugee and displaced women and girls, such as the renovation of schools in camps and the periodic assessment of living conditions and security for displaced and refugee persons through a gender lens.