US embassy cable - 04KINSHASA1141

UNCLAS SECTION 01 OF 02 KINSHASA 001141 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV, PREL, CG 
SUBJECT: DRC - THE NATIONALITY QUESTION 
 
REF: KINSHASA 1051 
 
Introduction 
------------- 
 
1. (SBU) Summary:  Recent events in Bukavu (reftel) highlight 
the explosive nature of the nationality question, 
particularly for Tutsis in eastern Congo.  Current Congolese 
law does not recognize the citizenship claims of some 
longtime residents whose ancestors immigrated to the country, 
including the Banyamulenge Tutsis from Rwanda, who comprise 
less than 1 percent of the population.  The Ministry of 
Justice has drafted a law that would outline procedures to 
acquire nationality under Article 14 of the Transitional 
Constitution, which says that all persons of ethnic groups or 
nationalities present in the DRC since independence have the 
same legal rights as citizens.  The Banyamulenge, however, 
were not considered an indigenous ethnic group at 
independence.  Resolution of the nationality issue is needed 
before elections to determine who is able to vote.  However, 
with the many different opinions and emotions surrounding the 
issue, it is unclear how this issue can be resolved without 
lengthy, heated debate that could cause further slippage in 
the transition calendar.  End Summary. 
 
 
Citizens or not citizens? 
------------------------- 
 
2. (U) Although nine countries border the DRC, the 
nationality question in Congo is focused on Rwanda, 
specifically Rwandan Tutsis.  Many Rwandans have emigrated to 
the DRC, some as far back as the 19th century.  Those who 
came during the colonial period were considered by the 
Belgians to be Rwandan, but many have lived in the Congo for 
decades and have never been naturalized.  Birth on DRC 
territory does not automatically confer citizenship, so 
persons born to Rwandan parents are not considered Congolese. 
 
 
3. (U) In 1972, Mobutu issued a decree granting Zairean 
citizenship to Rwandans and Burundians who had been in the 
Kivus before 1 January 1960.  However, in 1981 Mobutu's 
Parliament abrogated the 1972 decree with a law stating that 
only those belonging to a tribe that had been present in the 
Congo in 1885 would have Zairean nationality.  All others 
could gain citizenship through a 2-tiered process (described 
below).  Because there were allegedly no Tutsis in the Congo 
in 1885 and the Banyamulenge (meaning "people from the 
hills") did not exist, this essentially stripped the Tutsis 
of their citizenship.  A 1999 decree made minor changes to 
the 1981 law, but the procedures remained the same.  The 1981 
procedures are still, theoretically, in place until 
Parliament finishes drafting an organic law to implement 
Article 14 of the Transition Constitution. 
 
4. (U) The 1981 law outlines two types of citizenship: 
'petite' and 'grande.'  There are several conditions to get 
petite citizenship, including:  must be over 18, speak one of 
the Congolese languages, have had habitual residence for a 
continuous period of 15 years, not have engaged in acts 
prejudicial to the Congolese state, and maintained main 
material ties/interests in the Congo for the preceding 10 
years.  With petite citizenship, one cannot serve in elected 
or political positions, in the army or the police with an 
officer rank, or in a public position at the executive level. 
 Grande citizenship is much more difficult to get, and 
requires 15 years of status under petite citizenship, 
'eminent service' to the nation, and the recommendation of 
the Mobutu-era 'central committee' (changed by the 1999 law 
to a 'legislative institution').  Most Banyamulenge would be 
ineligible for grande citizenship, and as a result would be 
unable to hold positions in government. 
 
 
Banyamulenge seen as outsiders 
------------------------------ 
 
5. (U) The question of citizenship in the Congo goes beyond 
the legal framework.  Vangu Mambweni, head of the Nationality 
Commission after the 1992 National Conference and now 
Secretary for International Relations of the pro-Kabila PPRD 
 
SIPDIS 
political party, told poloff that most foreigners living in 
the Congo acknowledge they are foreigners.  In contrast, the 
Rwandans come over and proclaim themselves to be citizens 
without going through the process of applying for 
citizenship.  He maintained the problem is the disregard for 
proper citizenship procedures.  However, when poloff asked if 
the Banyamulenge would ever be seen as Congolese, even if 
they went through the proper procedures, he replied that the 
Rwandese want to come to Congo to rule over the Congolese, 
and if they change their ideology then they will be able to 
live here peacefully.  This statement shows the underlying 
attitude that the Banyamulenge could never be true Congolese. 
 
Next Steps 
---------- 
 
7. (SBU) We have not yet seen the draft nationality law that 
was prepared by the Ministry of Justice and is currently with 
the Political, Defense, and Security Commission.  One MP told 
USAID-funded NGO NDI the draft could be finished by mid-June, 
but this seems highly unlikely given recent events in Bukavu. 
 Previous laws on nationality have defined citizenship on an 
ethnic or tribal basis and the Transitional Constitution 
defines it in the same way.  The new Constitution and organic 
law ideally should confer citizenship on an individual basis, 
not by tribal or ethnic groups. 
 
8. (SBU) The Sun City resolutions on nationality, agreed to 
in April 2002, echo Article 14 of the Transition Constitution 
and ask for a census to identify all nationals, immigrants, 
refugees, and infiltrators.  No census has been undertaken 
because there is no money to fund one, so it is unclear how 
that may factor into the draft nationality law.  The 
resolutions also leave the question of dual nationality, 
currently not recognized under the law, to future 
legislation.  All of the previous laws have emphasized that 
Congolese citizenship is exclusive, and given the tension 
between Rwanda and the DRC, it is unlikely that the new law 
will recognize dual citizenship. (Comment:  This policy is 
hypocritical inasmuch as many senior Congolese officials 
already hold European or American passports.  End Comment.) 
 
9. (SBU) Elections cannot be held until the nationality issue 
is cleared up.  Members of the RCD/G, who know it is unlikely 
they will receive many votes during an election, have an 
interest in their few perceived supporters, i.e., the 
Banyamulenge, being citizens.  Because there is a lack of 
political will toward elections and slow movement on laws in 
general in Parliament, there is no current schedule as to 
when the nationality law will be passed.  (Note:  only 2 
major pieces of legislation have gone through the entire 
legislative process since the transition began.  End note.) 
National Assembly Speaker Olivier Kamitatu has previously 
suggested July/August.  Recent events in Bukavu may provide 
an impetus to resolve this question sooner rather than later, 
but are also likely to increase anti-Banyamulenge sentiment. 
 
 
Comment 
------- 
 
10. (SBU) A clear nationality law is needed prior to 
elections to determine both who can vote and who can hold 
office.  The latter is particularly important to Banyamulenge 
politicians like Vice President Ruberwa.  However, attitudes 
take time to change, and many Congolese are skeptical that 
the Banyamulenge deserve citizenship, believing that they are 
still loyal to Rwanda.  Despite these attitudes, it is 
important to have a law that clearly defines nationality, 
preferably on an individual basis, and eliminates the 
ambiguities of previous laws.  Once there is a legal text to 
work with, putting the framework into place will follow. 
Unfortunately, debate over this emotional issue is likely to 
be lengthy and heated, risking further slippage in the 
transition calendar. 
HOOKS