Asylum Access is in the process of preparing an appeal submission for a
male, Banyamulenge asylum claimant ("*AC*") in his late 20s, born in
Bukavu, Democratic Republic of Congo ("*DRC*"). We are seeking expert
advice (as detailed below) on DRC and/or Banyamuenge.
*Background
The AC was executive staff with the Rally for Congolese Democracy
("*RCD*") for 4 years. He has subsequent associations, albeit forced,
with Nkunda. He has also been involved with The Congolese Patriots
Party. The AC was detained and tortured by FARDC but managed to escape
and hide in a rural village in DRC for approx. 2 years before leaving
the country.
UNHCR accepts that if the AC were to return to Bukavu, he could be
persecuted by the local community who are aware of the AC's Bunyamulenge
origins and his past work with Nkunda. However, UNCHR claim that this
fear is highly localized and that the AC could live in Kinshasa.
*Advice/Opinions Sought
Broadly we are seeking expert advice/opinions regarding the following:
- Status of Banyamulenge in Kinshasa? Are they persecuted? What rights
do they have? - Are the Banyamulenge regarded as stateless in DRC? Can
they obtain the rights of citizens in Kinshasa, including obtaining
passports and ID cards? - Banyamulenge community organization in DRC;
how well do Banyamulenge from different parts of the country know each
other? - Status of Banyamulenge in Kinshasa who are known/perceived to
support Nkunda and Rwanda; are they persecuted? - Status of former RCD
members/Banyamulenge *not in* government in Kinshasa. - Loyalties of
former RCD members/Banyamulenge *in* government in Kinshasa. Are they
against Nkunda? Are they in alliance with Bosco Ntaganda? - FARDC arrest
protocols/modus operandi; standards of detention, treatment and release.
- Knowledge or status of The Congolese Patriot(e)s Party (not Union of
Congolese Patriots).
*Please contact Sanjula Weerasinghe ([log in to unmask])*
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