Democratic Republic of Congo

 Geographical Information

 Historical Background

Historically, earlier migration patterns into the current day DRC were informed by the hunter-gatherer nature of society, European exploration, missionary work, and expansion of the slave trade. Initially a personal colony of King Leopold II of Belgium, DRC was a resource extraction colony of rubber, minerals, and oil before it was officially handed over to Belgium in 1907 due to the abuse and exploitation experienced by the local population which resulted in the death and maiming of millions under the King’s rule. During the Belgian colonial era, the number of Belgian rose from 1500 in the country in a given year to 17,000 in 1930, and in 1959, 89,000 Belgians were living in DRC (Flahaux and Schoumaker, 2016).

Due to its strategic geographical position, Congo has played a crucial role in migratory movements in Africa, being at the same time a country of origin, destination, and transit for millions of people since its independence. Unfortunately, an accurate and updated analysis of the migration phenomena is still not possible because of the lack of reliable data and, on the other hand, because immigration to the country is often undocumented. 

After its independence and throughout the ‘70s, Congo became an attractive destination for working migrants who came both from African and Eastern countries (Lebanon and India), finding employment, especially in the mining sector. Immigration started to decrease after the 1973 oil crisis and constantly declined as the political situation worsened. According to the United Nations Population Division (UNPD, 2008), the number of immigrants has been dropping since 1995, even if during the decade of the ‘90s, after the breaking out of civil wars in most Central African countries, Congo turned into an immense refugee camp hosting people fleeing from Rwanda, Angola, Burundi, Central African Republic, and Uganda. It is important to note that the country has been mostly considered a transit point to other destinations, such as South Africa, which were considered much safer and which seemed to offer better opportunities.

Moreover, the so-called Second Congo War (1998-2003) reversed the migration trend, leading to massive internal displacements and urging many Congolese to leave the country. 

According to the UNPD, the migration rate estimated for the period 2005-2010 would continue to decline, indicating that Congo remains a crossroads for migrant routes rather than a destination. 

On the other hand, recent international commercial agreements between Kinshasa and Beijing have increased the presence of Chinese immigrants in Congo, operating in the mining sector but also working for infrastructure projects or running businesses that might develop and improve the economic conditions of the country (Flahaux and Schoumaker, 2016).    

The profile of Congolese emigrants has undergone significant changes in recent years. If in the ‘60s and ‘70s, they were long-term working migrants heading to Belgium and France, during the ‘90s, they were mostly asylum seekers and refugees fleeing mostly to other African countries, often without being registered. Therefore, beyond the official figures accounting for Congolese migration, especially during the two Congo wars, a massive exodus of people has remained unrecorded.

 Migration Policies

So far, the Democratic Republic of Congo has acceded to international conventions regarding migration that includes the UN Convention on the Status of Refugees (1956) and the 1967 Protocol, the 1969 OAU Refugee Convention,  the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (1993), the UN Convention against Transnational Organized Crime (1996), the Protocols against the Smuggling of Migrants and Human Trafficking (2005) and it also signed the Kampala Convention on IDPs in Africa (2016). In addition to that, the government of the DRC has also signed the International Covenant on Economic, Social, and Cultural Rights International Covenant on Civil and Political Rights (1976) and ratified the 1990 Convention on the Rights of the Child.

Moreover, the Constitution of 2005 recognizes the rights of migrants in terms of section 32 of the constitution and grants further rights associated with asylum seekers and refugees to them in terms of section 33. Nevertheless, the government has never developed a clear and efficient migration policy and lacks a solid legal framework on migratory issues.

The first law defining the terms of entry, stay, and leave for foreigners was promulgated in 1983, but it contained many unintelligible passages which creates confusion and misinterpretations. In 1987 another law was promulgated (Law n. 87/033) regarding the visas that are required to enter and stay in the country: transit, voyage, exit, residency (from 1 to 5 years), and special permits for those nationals leaving the country for less than 72 hours. According to the law, all foreigners entering the country had to fill out an application form at the airport of arrival and certain border points, but most of the time the application form was not provided.

Only in 2002 did the government pass a national refugee law (Law No 021/2002 of 16 October 2002) establishing the CNR (Commission Nationale pour les Réfugiés – the National Refugee Commission) to process asylum applications and ensure the protection of refugees (UNHCR, 2013). In the same year, another law (No. 036/2003) established the main institutions regulating migratory policies and establish the Central Directorate of the Border Police of the Congolese National Police (for the control of migratory movements and borders) along with the Ministry of Labour and Social Affairs (issuing permits to working immigrants), and the Ministry of Foreign Affairs (issuing passports and visas and, since 2006, monitoring Congolese emigrants). Moreover, in accordance with Law No. 036/2002 of 28 March 2002, there was the designation of Services and Public Bodies authorised to act at the borders of the Democratic Republic of Congo, and the law determines the services authorized at the borders of the DRC (General Directives in terms of Law No. 036/2002). The Law designates the following government services: The General Directorate of Migration, DGM; The Customs and Excise Office, OFIDA; The Congolese Control Office, OCC; The Public Hygiene Service and the new at the time Central Directorate of the Border Police of the Congolese National Police, which supports these four services and ensures the protection and physical surveillance of the borders. Together, these five services ensure integrated border management in accordance with their specific mandates. Despite numerous institutions dealing with migration and refugee issues, in the DRC, the legal framework still presents some important gaps, and the poor coordination among the different departments and ministries is still a key challenge for the development of an effective migration policy.

 Governmental Institutions

 Internal Migration

Between 1999-2009 movements in the DRC, were marked by two factors forced displacement during the wars, the economic crisis, and the exploitation of natural resources (Ngoie & Lelu, 2009). While the former urged people to move from rural to urban areas like Kinshasa, Lubumbashi, and Goma, where they could be employed in the informal sector, the latter reversed the migratory route from urban to rural areas in Pwelo, Dilolo, Kambove, in which the search for gold and other minerals became the predominant activity for migrants (Ibid). In 2007, a survey led by MAFE of a thousand people, aged between 15 and 60, living in Kinshasa showed that 39,2% were not born in the city and that almost 62,9% had migrated from other urban areas to the capital (Migration between Africa and Europe, 2008).

Rapid urbanization in the Democratic Republic of Congo, particularly in Kinshasa, over the last two decades has been phenomenal. Despite the absence of current census data, Kinshasa remains one of the largest cities in Africa after Lagos and Cairo (Anglewicz et al, 2017), and it is projected to be the largest megacities in Africa by 2030 (Batana et al, 2021). The World Development Indicators (WDI) estimates that the DRCs urban population doubled from 16.5 million in 2000 to 35.7 million in 2017 reflecting a 1.1 million annual increase with an increase in urbanization rate from 35% to 44% during the same period (Ibid).

 Internally Displaced Persons

By the end 0f December 2021, there were more than 888,000 people displaced as a result of disasters and 5,339,000 people displaced as a result of conflict and violence (IDMC, 2022). Other sources of internal displacement include the outbreak of epidemics (Cholera, Measles, and Ebola).

 Conflict

Conflict remains the main source of internal displacement in the Democratic Republic of Congo. Sources of conflict include military operations against non-state armed groups, clashes between groups, and intercommunal violence. In 2021, 2.7 million people were internally displaced because of conflict and violence in the eastern provinces of Ituri and North Kivu where martial law was put in place by the president from the 6th of May, and South Kivu and Kasai region (Ibid).

 Disaster

Between January and April, torrential rains and floods destroyed 43,319 homes which triggered more than 200,000 displacements - mostly in Tanganyika province (Ibid). The rains also destroyed farmland, causing food insecurity, particularly in the Kabalo territory. Heavy rains in Bushushu village, Kalehe territory, caused an overflow of the Cishova River, displacing 7,500 people (Floodlist, 2022). Other sources of disaster-related displacement include landslides, earthquakes, strong winds, and volcanic eruptions.

 Immigration

In 2010, the international migrant stock was estimated to be 589,000. In 2015 it was estimated to be 824,500, and in 2019, it stood 963,800 - representing a 0.9% to 1.1% - as a share of the total population (UN DESA, 2019). Though there has been a slight increase from 2015-2019, as a proportion of the population - it is very low. Although DRC is endowed with a lot of natural resources, its resources are being looted by a few at the expense of millions of innocent men, women, and children abandoned in extreme poverty. For example, according to the Global Witness report as indicated by Business and Human Rights Resource Centre (2018), between 2013 and 2015, more than $750 million of mining revenues paid by companies to the state bodies was lost to the treasury. This mismanagement and plundering of state resources has constrained development programmes in the country and made the country unattractive to immigrants – especially economic migrants. Most of the immigrants in DRC come from Central African Republic, Rwanda, Angola, South Sudan, and Burundi (UN DESA, 2019).

However, it is important to note that the data are far from being exhaustive as immigrants cross the border irregularly or without being registered. Moreover, those who are self-employed often work in the informal sector, making it difficult to account for them in migration statistics. Also, no census has been conducted in DRC since 1984.

 Female Migration  

 Children

According to UN DESA (2019), the immigrant stock of children in the DRC has been stable in-between 1990-2015 at 31.9% of the immigrant population. In 2019 the immigrant stock of children as a percentage of the immigrant population declined to 23.6. UNICEF (2021) indicates that as a result of militia attacks, there are more than 5 million displaced people in DRC, of which about three million are children. According to Save the Children (2022), there are several challenges confronting children in DRC. As a result of widespread poverty, with more than 73% of people living in poverty, 91 out of 1,000 children die before their 5th birthday, 43% of children have stunted growth due to severe malnutrition, 38% of children are engaged in child labour, and 21% of girls age 15-19 are married. Another challenge facing children in DRC is the forced conscription of child soldiers. Although there are no precise data on the number of child soldiers in DRC, UNICEF (2018) posits that in the Kasai region alone, there are between 5,000 to 10,000 child soldiers.

 Refugees and Asylum seekers

Democratic Republic of Congo, for decades, has maintained an “open-door policy” to refugees - welcoming and protecting refugees from other parts of the world. The number of refugees in DRC reached a record of 1,433,800 in 1995 (UN DESA, 2019), and since then, it has been below 600,000. According to UNHCR (2022a), as of 31st of March 2022, there were 522,121 refugees and asylum seekers in the DRC - 48% men and 52% women. The refugees and asylum seekers in the DRC come mostly from Rwanda (210,621), the Central African Republic (210,020), South Sudan (56,351), Burundi (40,511), and other (1,192) (Ibid). Even though DRC has an encampment policy for refugees, the majority of refugees and asylum seekers (72%) live outside the refugee camps, and 3% live in urban areas (Ibid). Refugees from the Central African Republic are located mostly in the province of North and South Ubangi and Bas-Uele and Ituri provinces, those from South Sudan are primarily in the Haut-Uele and Ituri provinces, Rwandan refugees are primarily located in North Kivu and South Kivu, and refugees from Burundi are located mainly in the South Kivu province (UNHCR, 2019-2020). As a result of militia attacks in some provinces, for example, North Kivu, South Kivu, and Ituri, the number of refugees located in the urban areas such as Kinshasa, Goma, Bukavu, and Lubumbashi are increasing.   

Despite its poor economic system and the violent environment, because of its geographical position, conflict and insecurity in neighbouring countries have made the DRC an inevitable passage for thousands of refugees escaping from Burundi, Rwanda, Angola, Central African Republic, and South Sudan. In 2002, in response to the inflow of asylum seekers in the DRC, the government created the National Refugee Commission to deal with asylum applications (UNHCR, 2019-2020). By law, refugees are granted the same basic rights as nationals in DRC, but it is always problematic to help, assist and monitor refugees because of the unstable political nature of the country.  

 At the same time, there is also a growing number of refugees from the DRC. According to UNHCR (2022b), in 2018, there were 403,775 Congolese refugees and in 2022, the number has more than doubled to 960,441 Congolese refugees. Majority of the refugees from DRC are living in neighbouring African countries Angola, Burundi, Republic of the Congo, Rwanda, Uganda, United Republic of Tanzania, and Zambia. 

 Emigration

 Labour Migration

Despite the country’s political and economic instability, ethnic conflict, and repeated wars, the diverse rich mineral resources of the country continue to attract international migrants, including low skilled and irregular immigrants from neighbouring African countries and multinational cooperation interested in the country’s natural resources like cobalt, zinc, uranium, diamond, and gold. There are labour migrants from CEMAC and SADC countries who have signed protocols to facilitate the free movement of people and goods within the nation-state of which the DRC is a signatory. Other countries with labour immigrants in the DRC include China, Ukraine, Lebanon, India, and Mexico. 

 Human Trafficking

The DRC is a source, transit and destination country for human trafficking and was recently upgraded from Tier 3 to the Tier 2 watchlist (US Department of State, 2020). Men, women, and children are at risk for forced labor and sex trafficking, mostly inflicted by the armed groups that still control some areas, especially in the eastern region (Ibid). Common forms of exploitation include forced labor, including debt bondage; women and girls are used for forced prostitution and marriages, and as domestic servants. Children are employed in agriculture, mining, smuggling and begging (Ibid). The percentage of Congolese women among the victims of trafficking in the period 2002-2018 were around 67.9%, while that of children was at 61%; and IOM reflects that no data was collected or reports on women and children exploited in the DRC (IOM, 2020). Human trafficking is prevalent in the DRC, with 3,107 documented cases in which children escaped from armed groups in the DRC in 2019 (The Borgen Project, 2020). In April 2019, the Agency for the Prevention and the Fight Against Trafficking in Persons (APLTP), was established as the national coordinating body for anti-trafficking (US Department of State, 2020)

In 2015, 4,300 victims of human trafficked were identified but unfortunately, the government has done little so far to limit and address the human trafficking offenses (IOM, 2020 & The Borgen Project, 2020). With one of the reasons being the difficulty in identifying victims. Additionally, with nine neighbouring countries, Congolese borders are difficult to monitor, and police surveillance is ineffective. Angola and Uganda are the countries that allow refugees and asylum seekers to enter informally that is without being accounted for. There was further evidence in 2018 of some national army forces being involved or complicit in human trafficking (US Department of State, 2019). For instance, from January to August 2018, reports indicate that at least 893 women and girls were victims of sexual and gender-based violence, with primary perpetrators including armed groups followed by Congolese National Army (FARDC), police, and intelligence agents and reports that the FARDC worked with proxy militias which recruited and used child soldiers (Ibid). Additionally the FARDC continued to collaborate broadly with the Bana Mura proxy militia, which used at least 64 children in sexual slavery during the 2018 reporting period (Ibid). In contrast, in 2019, the government made key achievements during the reporting period including increasing prosecutions and investigations of trafficking cases, particularly on sex trafficking and forced labor - crimes that had previously generally not being addressed in the justice system (US Department of State, 2020). The government convicted a former colonel in the FARDC for trafficking crimes and ordered the leader of an armed group and two accomplices to pay restitution to more than 300 victims of sexual enslavement and other crimes (Ibid)

 Historically the main routes for illegal migration and smuggling can be found in the West, East and South region of the country (IOM, 2009). Kinshasa seems to be the crucial point for migrants to reach either North Africa (passing through Brazzaville, Gabon and Douala) or Europe (via Luanda and Portugal) (Ibid). In the Eastern region, smuggling routes go through Goma to Tanzania and South Africa or to Uganda and Nigeria. Bukavu is also an important crossroads to reach Morocco via Tanzania, Kenya and Nigeria. Lubumbashi is the southern passage to reach Zambia, Namibia and South Africa, or to go to Luanda passing through Dilolo or to go to the United Kingdom via Lusaka (IOM, 2019).

 Remittances

 Returns and Returnees

 International Organisations

The most important international organizations dealing with migration in the DRC are the IOM (International Organization for Migration), the United Nations High Commissioner for Refugees (UNHCR), and Doctors Without Borders (MSF). The IOM aims to improve the collection of data regarding migratory movements and internal displacements as well as to better manage situations at the borders, where the majority of the population lives and where the presence of refugees and asylum seekers is more prevalent. In the DRC, IOM has operated by assisting returnees and opposing human trafficking. The UNHCR deals mainly with the refugees and IDPs and cooperates with government departments to host Congolese refugees worldwide but also supports and invests in programs that create opportunities for personal development, such as in the Mantapala settlement in Zambia where refugee women, including many Congolese women, were empowered and trained to become entrepreneurs and have access to markets and services. The MSF assists migrants fleeing disease and conflict in the DRC, including responding to the world’s largest measles epidemic in 2019, with 310,000 infected and 6000 dead; aiding women displaced as a result of gender-based violence; and providing shelter for those displaced as a result of intercommunal violence.

Banner photo: particular of Kisnhasa by Irene2005 from Flickr (Creative Commons)