9
Introduction
Rwanda and Burundi to eastern Congo to form a source of labour
for commercial agricultural plantations. Then, at the moment
of independence, eastern Congo also took in huge numbers of
refugees fleeing violence in Rwanda and Burundi (sadly, a pattern
to be repeated).
The status of the Banyarwanda was thus already of key importance in the jockeying for position among different ethnic
groups during the lead-up to independence. In 1964, the first
constitution adopted by the new state declared that to qualify
as a Congolese citizen a person had to have an ancestor who
was ‘a member of a tribe or part of a tribe established in the
Congo before 18 October 1908’ – thus excluding those who had
come under the Belgian population transfers. During the 1970s,
the law was changed to provide more recent dates; but in 1981
a new code of nationality included only those who could show
that their ancestors were established in the country when its
borders were first set in 1885. With the arrival of hundreds of
thousands of refugees in the aftermath of the Rwandan genocide,
resentment of this influx and of the Rwandan army interventions
that followed built to the point where the national parliament
adopted a resolution declaring all Banyarwanda to be foreigners
who had acquired citizenship fraudulently. Two successive rebellions plunged the country into a decade of war, in which half a
dozen of Congo’s neighbours also became involved.
The terms agreed in a peace deal in 2004 form the basis of
the new constitution and citizenship law, which recognize as a
Congolese citizen by birth ‘every person belonging to the ethnic
groups and nationalities of which the individuals and territory
formed what became Congo at independence’. Yet active hostilities still continue in the east, and the status of the different Banyarwanda as indigenes or non-indigenes remains central to that
conflict. Despite the date change to 1960, the law still founds the
basis of Congolese nationality on ethnicity, rather than on birth,
residence or other objective criteria; meaning that the argument
still centres on claims to ancestral origin and bloodline. Hate
speech and exclusion flourish in this legal environment.