STATELESSNESS AND CITIZENSHIP IN THE EAST AFRICAN COMMUNITY Congolese refugees Tens of thousands of refugees from the Democratic Republic of Congo still live in Rwanda after fleeing the violence that erupted in North and South Kivu provinces, especially in 1995-97, in the aftermath of the Rwandan genocide; the outflow of refugees and ethnic militia responsible for the killings; civil conflict in Congo, and subsequent military interventions by the Rwandan government into Congo. These refugees are Kinyarwanda speakers, culturally similar to the population in Rwanda itself, and one of the central reasons for their flight from Congo is the denial of their Congolese nationality and rights in that country. Although there have at different times been efforts to repatriate this group to Congo, especially following the 2008 military agreement between Presidents Kagame of Rwanda and Kabila of Congo, these efforts have been strongly resisted on the ground in the Kivus. A tripartite agreement signed in early 2010 between UNHCR and the governments of DRC and Rwanda did not result in a single repatriation to Congo from Rwanda, thanks to ongoing tensions about the identification of those who should be able to return.233 These refugees have not been naturalised in Rwanda and their children born in Rwanda are not regarded as Rwandan citizens. These refugees would under the nationality law have the right to apply for naturalisation as Rwandan under the normal procedures for any long-term resident. However, the specific provisions in the Rwandan constitution and nationality law of 2008 that “Any person with Rwandan origin and his or her descendant shall have the right to acquire the Rwandan nationality upon request thereof” requires evidence of genealogical connections and historical residence in Rwanda itself through witness testimony and other means; a general connection to Rwandan culture is not sufficient.234 In principle, refugee children born in Rwanda might also benefit from the provisions in the nationality code for “otherwise stateless” children to acquire its nationality based on birth in Rwanda. Some of those who are registered as refugees have also acquired Rwandan identity cards, and the government has stated that it will revoke identity documents in these circumstances.235 However, there are also asylum seekers in the camps who have never been registered as refugees because their status as Rwandan or Congolese has not been determined. The refugees themselves mainly wish to return to Congo, subject of course to the security situation improving, but in the Kivus their return is viewed with great suspicion.236 Reforms to the Congolese nationality law adopted in 2004, as part of the peace process aimed at bringing an end to the civil war, still found nationality on membership of an ethnic group established in Congo at independence, leaving ongoing room for disagreement as to which groups are indigenous Congolese.237 Resolution of the stateless limbo of these refugees may depend on resolution of the question of access to citizenship in DRC itself: the framework for this to happen has been agreed by regional leaders through the structures of the International Conference on the Great Lakes Region (ICGLR), but the political will has been lacking.238 233 International Crisis Group, Five Priorities for a Peacebuilding Strategy, Africa Report No. 150, 11 May 2009; Eastern Congo: Why Stabilisation Failed, Africa Briefing No. 91, 4 October 2012. 234 Article 22, Organic Law No. 30 of 2008; Article 18, Presidential Order No. 21/01 of 27 May 2009 establishing the procedure for the application and acquisition of Rwandan nationality. Interviews with faculty members School of Law, University of Rwanda, Legal Aid Forum, Kigali, July 2016. 235 Daniel S. Ntwari, “Kigali to crackdown on refugees with national identification”, The East African, 26 March 2016. 236 International Refugee Rights Initiative, Shadows of Return: The Dilemmas of Congolese Refugees in Rwanda, July 2011. 237 Congolese nationality is attributed to every person who “belongs to the ethnic groups and nationalities of which the individuals and territory formed what became Congo at independence”: "Est Congolais d’origine toute personne appartenant aux groupes ethniques et nationalités dont les personnes et le territoire constituaient ce qui est devenu le Congo (présentement la République Démocratique du Congo) à l’indépendance." Loi No. 04/024 du 12 novembre 2004 relative à la nationalité congolaise, Article 6. The law moved the relevant cut-off date from 1884 to 1960 (the date of independence); other provisions do allow for those born in DRC to apply for nationality at majority, but no regulations have been adopted to allow these provisions to be implemented in practice. 238 Information on the Pact on Security, Stability and Development in the Great Lakes Region and its protocols available at the website of the ICGLR Executive Secretariat: http://www.icglr.org/. UNHCR / September 2018 57