UNHCR, APRIL 2023
REFUGEES FROM GENERATION TO GENERATION
Annex 4: National legal frameworks
This annex provides a more detailed account than set out in chapter 3 of the report of the legal
frameworks relating to refugee status, documentation of legal status, and nationality in each country,
including the laws on:
-
Recognition of refugee or stateless status, issue of identity and travel documents
Registration of civil status: births, deaths, adoptions, marriages, divorces, legal parentage, etc
Immigration: policies on permanent residence & other long-term status
Citizenship / nationality and prevention of statelessness
o Country of asylum
o Country of origin
There are many other factors that impact the degree to which refugees can be integrated where they live,
including in particular access to land, as well as employment or self -employment. These issues are
covered in country studies under the refugee policy review framework, which are cross-referenced in the
country headings below. 163 They are important context for the current study, but not its primary focus.
Democratic Republic of Congo (DRC)
For other rights of refugees, including access to the labour market and land, see Refugee Policy Review
Framework.164 On policies for local integration see the Brief on the Management of Forced Displacement,
by the Regional Durable Solutions Secretariat for the Great Lakes. 165
International instruments
DRC is a party to the UN and OAU refugee conventions. It is not a party to the UN conventions on
statelessness.
The DRC is also a party to CERD, ICCPR, CEDAW, CRC and CRPD.
DRC has been a party to the ACHPR since 1987, and the Protocol on the Rights of Women in Africa since
2008. In December 2020, it acceded to the African Charter on the Rights and Welfare of the Child.
Pledges
In 2011, at a Ministerial Intergovernmental Event to commemorate the 60th anniversary of the 1951
Convention relating to the Status of Refugees and the 50th anniversary of the 1961 Convention on the
Reduction of Statelessness, the DRC government pledged to support the legal, social and economic
integration of Angolan refugees (specifically), including by facilitating access to agricultural land,
employment opportunities, education and/or long-term residency status. More generally, it pledged to
take initiatives such as identifying cases of statelessness on its national territory; preventing statelessness
by setting up national mechanisms in compliance with its national legislation and through registering
children by the Registrar of Civil Status, encouraging civil marriage, and applying the provisions of the
nationality code for acquisition of nationality. 166
163
Refugee Policy Review Framework, country summaries published March 2022, for DRC, Rwanda, and Uganda.
164
Democratic Republic of the Congo: Refugee Policy Review Framework Country Summary as at 30 June 2020,
UNHCR, March 2022 https://reliefweb.int/report/democratic-republic-congo/democratic-republic-congo-refugeepolicy-review-framework-country.
165 The
Democratic Republic of Congo: Brief on the Management of Forced Displacement, Regional Durable Solutions
Secretariat for the Great Lakes, March 2022 https://www.redssgreatlakes.org/.
166
‘PLEDGES 2011: Ministerial Intergovernmental Event on Refugees and Stateless Persons’, UNHCR ministerial
meeting to commemorate the 60th anniversary of the 1951 Convention relating to the Status of Refugees and the
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