By Philippe Tunamsifu Shirambere
The Nationality in a legal sense is an attachment of person to a sovereign state by a tie of allegiance. Each state has the opportunity to determine or to choose the system in which his nationality can be acquired. It can be acquired by jus sanguinis or inheriting it from the parents, by jus soli or being born on territory of the state, a state can combine the two processes (jus sanguinis and jus soli) or by a process of naturalization.
In Republic Democratic of Congo a new law adopted by the transitional government in November 2004, the Law number 04/024 of 12 November 2004 on the Congolese nationality recognizes the process of jus sanguinis and jus soli. However the Democratic Republic of Congo does not recognize double nationality for any Congolese citizens. You will not obtain the Congolese nationality unless you have given up the other nationalities.
Indeed, the Republic Democratic of Congo is a multiethnic country with about two hundred ethnic groups. There are also Tutsi and Hutu who came in Ruanda-Urundi[1] since the Belgium colonization period and some of them still until the independency.
However the relationship between nationality and ethnicity has become an object of manipulation for political elites and a substantial source of instability and conflict in the Eastern of Republic Democratic of Congo in North Kivu province.
Then, throughout of this essay I prefer to think about the Congolese nationality a challenge to peace in Democratic Republic of Congo in answering to the question how the Congolese nationality is the source of conflict?
The Belgium had created two colonies in Africa: the entities now known as the Democratic Republic of the Congo (formerly the Republic of Zaire) and the Republic of Rwanda, previously Ruanda-Urundi, a former German African colony that was given to Belgium to administer after the defeat of Germany in World War I.
The Belgians ruled over Congo from 1909 to 1960, while their rule over Rwanda lasted from 1918 to 1962. In the Congo, the Belgians created an apartheid-like system between the Europeans (Belgians) living in Congo and the Congolese, thereby marginalizing the Congolese in their own society. Among the Congolese, the Belgians used the strategy of divide and rule. They favored certain ethnic groups, especially the ones that would allow them to continue to colonize and plunder the rich natural resources of the Congo.
Immediately after independence on June 30, 1960, ethnic and personal rivalries—influenced by Belgium, other European nations, and the United States—sent the newly independent country into political crisis. In Rwanda, independence brought increased ethnic tensions because of the policies of the Belgian colonial administration.
The case of Republic Democratic of Congo, in particular, concerns me at the highest point to locate the issue of Congolese nationality.
During Mobutu presidency, there was a paradox in Republic Democratic of Congo about legislation which could regulate the states but created confusion.
This is the case of the some legal text as:
· The Law Oder number 71-020 of 26 March 1971 on the acquisition of nationality by Congolese people from Rwanda and Urundi established in the Congo on 30 June 1960 and spends the automatic acquisition in bulk of the Congolese by the native people of Ruanda-Urundi established in the Congo June 30, 1960;
· The Law number 72/002 of January 05, 1972 on the Congolese who attribute, unconditionally, to the Congolese from Rwanda Urundi established in the province of Kivu, before January 01, 1950, and who continued to leave in Republic Democratic of Congo until the date of publication of this Law;
· The Law number 81/002 of June 29, 1981 on the Congolese nationality which introduced following innovations:
o The establishment of two kind of naturalization: small and big;
o The abandonment of the legislative process to the Administrative Procedure;
o The Congolese citizen who marries a foreigner lost his nationality by choosing the nationality of his husband;
o To request the Congolese nationality the procedure individually. It means that this law cancels the nationality of those people who had collectively the Congolese nationality in bulk;
o The Orders Number 83-183 and number 83-184 of the Minister of Justice. Under these orders, all those people who had receive the nationality by the Law number 72/002 of January 05, 1972 must submit their application for obtaining naturalization in accordance with Law number 81-002 of Jun 29, 1981.
With this kind of law, in the 32 years of President Mobutu, encouraged the expression of political opposition based on ethnicity.
When tensions escalated between indigenous tribes Tutsi, Kabila found the opportunity to definitively oust Mobutu in 1996 with more support from Rwanda, Uganda, Burundi, and Angola. With his rebellion movement called Alliance of Democratic Forces for the liberation of the Congo. Seven months later Mobutu went into exile, Kabila became President and renamed the country the Democratic Republic of the Congo, what it was called before becoming the Republic of Zaire in 1971.
Unfortunately, Kabila failed to improve the situation and used also his indigenous tribe in the government and didn’t share very well his power.
In August 1998 against Kabila the Congolese Liberation Movement (MLC) rebels supported by Uganda and Rally for Congolese Democracy (RCD) rebels backed by Rwanda. LD Kabila's government refused to speak to the rebellion and boycotted the summit. In January 16, 2001 LD Kabila was assassinated by one of his own bodyguards, Rashidi Kasereka, who was also immediately killed before he left the president office and 10 days later his son Joseph Kabila became president. During his reign Joseph KABILA changed the policy and tried to negotiate peace with all parties and countries which were involved in conflict.
In December 2002 Joseph Kabila signed the Global and Inclusive Agreement on Transition in the Democratic Republic of the Congo: Inter-Congolese Dialogue - Political negotiations on the peace process and on transition in the DRC between : the Government of the Democratic Republic of the Congo, the Congolese Rally for Democracy (RCD), the Movement for the Liberation of the Congo (MLC), the political opposition, civil society, the Congolese Rally for Democracy/Liberation Movement (RDC/ML), the Congolese Rally for Democracy/National (RCD/N), the Mai-Mai. Under the deal rebels and opposition members are to be given portfolios in an interim government.
In June 2004 the General Nkunda who was one of the commanding officer of Congolese Rally for the Democracy (RCD) refused to integrate the DRC Army, create his own movement CNDP (National Congress for the Defense of People) and began to fight against the Transitional Government. He wants to protect his indigenous tribe the “Banyamulenge” but they don’t want Nkunda’s protection and that they are protected by the DRC government.
Politically fomented restrictions on citizenship eligibility are on the rise in Africa. This has proven particularly so in the Democratic Republic of Congo, where, over more than 40 years since independence, the citizenship of the “Rwandophone” minority (peoples of Rwandan/Burundese heritage, including the much-discussed “Banyamulenge”), has been switched on and off as expediency dictated, a key element in the divide-and-rule strategies of political elites, and in the outbreak of two recent wars.
Recognizing this, in 2004, the post-war Transition Government promulgated a new law on nationality; Law 04/024 of 12 November 2004 related to the Congolese Nationality. It fixes the fundamental options on Congolese nationality and institutes two distinct legal statutes: Congolese nationality of origin and Congolese nationality of acquisition.
Indeed, the Congolese nationality of origin is recognized to the child at birth into account two elements connecting the individual to the DRC, namely its affiliation with respect to one or both parents Congolese jus sanguinis belonging to ethnic groups and nationalities whose people and territory constituted what became Congo (now DRC) at independence, jus sanguinis and jus soli, or birth in the DRC, jus soli.
Thus, a Congolese nationality of origin under this Act:
· The child with one parent, father or mother is Congolese;
· Any individual ethnic groups and nationalities whose people and territory constituted what became Congo (now the DRC);
· The new-born baby found on the territory of the DRC, whose parents are unknown; However, it will be deemed never to have been Congolese if, during his minority, his filiations is established with respect to an alien if he has, under the National Housing Act of its parent, the nationality of the parents.
· A child born of parents in the Democratic Republic of Congo with the status of stateless persons or foreign parents whose nationality is not transmitted to the child because of the laws of the State of origin that recognizes only the jus soli or not recognizes no effect on the nationality natural.
Moreover, the Law number 04/024 of 12 November 2004 on the Congolese nationality support five modes of acquisition of nationality:
· The acquisition of Congolese nationality by naturalization;
· The acquisition of nationality by Congolese by the effect of option;
· The acquisition of Congolese nationality by adoption;
· The acquisition of Congolese nationality by marriage;
· The acquisition of Congolese nationality by residence in the DRC.
This Law has made many advances in the issue of Congolese nationality as the sources of different armed conflict in Democratic Republic of Congo. Unfortunately, nationality and ethnicity still like the weapon against each campaign since the election period.
To come to a conclusion what can I suggest for the future?
According to Lucy Hovil, the extent to which groups and individuals have apparently identified along ethnic rather than national lines during the conflict has revealed a level of split allegiance that is considered unacceptable within a strong nationalist discourse on Congolese identity. For instance trans-national ethnic identities – in this context, Hutu and Tutsi – are seen to negate national allegiance and to be the cause of violence that has been exported from Rwanda. In other words, those who show ethnic allegiance that crosses borders are seen as somehow un-Congolese. This subjective interpretation of nationality shows the huge gap between law and the lived reality of citizenship.
The Law number 04/024 of 12 November 2004 on the Congolese nationality improves all previous legislation. It is generally inclusive and offers the possibility of asserting citizenship to most of the contested populations.
However, for all people who came in Rwanda and Burundi before the independency and who seen their citizenship contested I would like to remind that the Democratic Republic of Congo does not recognize double nationality for any Congolese citizens. For that they have to choose and work for one country.
About the parliament Institution to adopt and vote the law which can allow people to leave in peace without discrimination.
Politically fomented restrictions on citizenship eligibility are on the rise in Africa. This has proven particularly so in the Democratic Republic of Congo, where, over more than 40 years since independence, the citizenship of the “Rwandophone” minority (peoples of Rwandan/Burundese heritage, including the much-discussed “Banyamulenge”), has been switched on and off as expediency dictated, a key element in the divide-and-rule strategies of political elites, and in the outbreak of two recent wars.
Recognizing this, in 2004, the post-war Transition Government promulgated a new law on nationality; Law 04/024 of 12 November 2004 related to the Congolese Nationality. It fixes the fundamental options on Congolese nationality and institutes two distinct legal statutes: Congolese nationality of origin and Congolese nationality of acquisition.
Indeed, the Congolese nationality of origin is recognized to the child at birth into account two elements connecting the individual to the DRC, namely its affiliation with respect to one or both parents Congolese jus sanguinis belonging to ethnic groups and nationalities whose people and territory constituted what became Congo (now DRC) at independence, jus sanguinis and jus soli, or birth in the DRC, jus soli.
Thus, a Congolese nationality of origin under this Act:
· The child with one parent, father or mother is Congolese;
· Any individual ethnic groups and nationalities whose people and territory constituted what became Congo (now the DRC);
· The new-born baby found on the territory of the DRC, whose parents are unknown; However, it will be deemed never to have been Congolese if, during his minority, his filiations is established with respect to an alien if he has, under the National Housing Act of its parent, the nationality of the parents.
· A child born of parents in the Democratic Republic of Congo with the status of stateless persons or foreign parents whose nationality is not transmitted to the child because of the laws of the State of origin that recognizes only the jus soli or not recognizes no effect on the nationality natural.
Moreover, the Law number 04/024 of 12 November 2004 on the Congolese nationality support five modes of acquisition of nationality:
· The acquisition of Congolese nationality by naturalization;
· The acquisition of nationality by Congolese by the effect of option;
· The acquisition of Congolese nationality by adoption;
· The acquisition of Congolese nationality by marriage;
· The acquisition of Congolese nationality by residence in the DRC.
This Law has made many advances in the issue of Congolese nationality as the sources of different armed conflict in Democratic Republic of Congo. Unfortunately, nationality and ethnicity still like the weapon against each campaign since the election period.
To come to a conclusion what can I suggest for the future?
According to Lucy Hovil, the extent to which groups and individuals have apparently identified along ethnic rather than national lines during the conflict has revealed a level of split allegiance that is considered unacceptable within a strong nationalist discourse on Congolese identity. For instance trans-national ethnic identities – in this context, Hutu and Tutsi – are seen to negate national allegiance and to be the cause of violence that has been exported from Rwanda. In other words, those who show ethnic allegiance that crosses borders are seen as somehow un-Congolese. This subjective interpretation of nationality shows the huge gap between law and the lived reality of citizenship.
The Law number 04/024 of 12 November 2004 on the Congolese nationality improves all previous legislation. It is generally inclusive and offers the possibility of asserting citizenship to most of the contested populations.
However, for all people who came in Rwanda and Burundi before the independency and who seen their citizenship contested I would like to remind that the Democratic Republic of Congo does not recognize double nationality for any Congolese citizens. For that they have to choose and work for one country.
About the parliament Institution to adopt and vote the law which can allow people to leave in peace without discrimination.
BIBLIOGRAPHY
1. Shirambere Tunamsifu, P. (2009). Course of citizenship Education for under graduate, Université Libre des Pays des Grands Lacs; (French version)
2. Republic Democratic of Congo (2004), The Law number 04/024 of 12 November 2004 on the Congolese nationality; (French version)
3. M’Bokolo, Elikia, the Ethnic question in the Republic Democratic of Congo, http://www.africafiles.org/article.asp?ID=22490;
4. Hovil, Lucy, Nationality and the manipulation of ethnicity in North Kivu: A toxic mix, http://africanarguments.org/2010/05/nationality-and-the-manipulation-of-ethnicity-in-north-kivu-a-toxic-mix/;
5. Stephen Jackson, “Doubtful Nationality”: Political Manipulation of Citizenship in the D. R. Congo, http://www.informaworld.com/smpp/content~db=all~content=a782792571
7. http://encyclopedia.jrank.org/articles/pages/5919/ETHNIC-AND-POLITICAL-CONFLICTS-IN-POSTCOLONIAL-BELGIAN-COLONIES-IN-AFRICA.html
8. http://www.onwar.com/aced/nation/cat/congo/fcongo1964a.htm
10. http://www.reliefweb.int/rw/RWFiles2004.nsf/FilesByRWDocUNIDFileName/MHII-65G8B8-gov-cod-16dec-02.pdf/$File/gov-cod-16dec-02.pdf
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