Date of publication:

07/07/2025

Democratic Republic of the Congo (the)

Please describe the institutions at the national and sub-national (central and local) levels responsible for implementing laws and policies related to the rights of forcibly displaced persons. 

ANALYSIS

Article 202 of the Constitution places the legislation on refugees, expellees and displaced persons within the exclusive competence of the central power. Such a provision means that provincial authorities do not have any competence on the matter. 

The law N°021/2002 created the CNR (Commission Nationale des Réfugiés) under the jurisdiction of the Ministry of Home Affairs. The missions of the CNR include the grant of asylum, the cessation of the refugee status, the access to basic services for refugees (education, housing, food aid and healthcare), the orientation of policies impacting refugees and asylum seekers and the implementation of said policies, and collaboration with relevant international and national partners (article 9). 

The composition of the CNR (Commission Nationale des Réfugiés) reflects the fundamentally multifunctional nature of this institution. Thus, the 12 members of the CNR include representatives of the Ministry of the Interior; a representative of the Ministry of Foreign Affairs and International Cooperation; a representative of the Ministry of National Defense; a representative of the Ministry of Human Rights; a representative of the Ministry of Social Affairs and the Family; a representative of the Ministry of Public Health; a representative of the Ministry of Labor and Social Security; a representative of the National Intelligence Agency; a representative of the National Police; a representative of the General Directorate of Migration.

The law mentions that the CNR is headquartered at the Ministry of the Interior in Kinshasa, but plans to create provincial branches, suggesting an attempt to decentralize refugee management. However, applications for refugee status are processed centrally by the CNR. The last organ created by law N°021/2002 is the Commission de Recours before which asylum seekers can appeal the decision made by the CNR. 

The CNR's missions are limited by structural constraints. The conflict situation in many parts of the country prevents access to the target public in several provinces. In addition, there are severe budgetary constraints, and the CNR is largely dependent on funding from the UNHCR. In general, the CNR is not fulfilling many of its functions, with the exception of refugee eligibility sessions.