In her report entitled Hutus and Banyamulenge in the Democratic Republic of Congo (DRC, Formerly Congo), Anne Pitsch uses the name "Banyarwanda" to designate Hutu and Tutsi people who are natives of Congo, native Rwandans who were brought to Congo by the Belgians in the mid-twentieth century to work the fields or Rwandan refugees who fled massacres there in 1959 (Jan. 2000). The term "Banyamulenge" refers strictly to Tutsis, most of whom have lived in the DRC since before colonial borders were established in the 1890s (ibid.).

The author adds that, although many of them had lived in Kivu since before Congoan independence [June 1960] and even colonization, the Banyarwanda (Hutus and Tutsis) were no longer considered citizens of Congo under the rule of Mobutu (ibid.).

In her risk assessment, Anne Pitsch writes that the "Tutsis of eastern Congo appear more at risk than the Hutus of the area largely because they are resented by the 'native' Congolese" (ibid.).

In its April 2001 report on the Democratic Republic of Congo, the United Kingdom Immigration and Nationality Directorate (IND) states that:

Birth on national territory reportedly does not necessarily confer Congolese citizenship. The Government refuses to recognise the citizenship claims of long-time residents whose ancestors immigrated to the country, including the Tutsis.

. . .

There is the question of discrimination against the Banyamulenge who are Congolese Tutsis of Rwandan origin who have been living in the east since the nineteenth century and are resented because of their ownership of land. Attempts to exclude them from citizenship were made in legislation of 1972 and 1981 and may again arise in the context of the proposed constitution, pre-election census and the registration of new political parties.

. . .

Violent acts against the Tutsis have lessened in intensity since 1999 and the Government no longer incites mob violence against unarmed Tutsis. The widespread killings that occurred in 1998 did not occur in 1999. During 2000, there were no reports of extrajudicial killings of non-combatant Tutsis in government-controlled areas. Tutsis have either left the Government-controlled areas or are in hiding, sought refuge abroad or in government custody. In addition to this, many Tutsis have been evacuated to safe countries in evacuation programmes by the UNHCR. Persecution and harassment of Tutsis is now sporadic and not part of a systematic and concerted campaign. Many people who are not Tutsis but physically resemble Tutsis have been detained or beaten on suspicion of being a Tutsi.

During a telephone conversation on 10 September 2001, a Human Rights Watch (HRW) representative responsible for the Democratic Republic of Congo provided the following information.

In areas controlled by the Kinshasa government, most members of the Tutsi ethnic group and those related to them (because they have a parent or grandparent of Tutsi origin) have been evacuated to other countries.

In areas under rebel domination, particularly Kivu, members of the Tutsi ethnic group, especially the Banyamulenge, are still being attacked by the Mayi-Mayi and the Rwandan Hutu Interahamwe militiamen who are allied with the Congolese government in its fight against the rebel forces and against the presence of foreign armies in that region, especially those from neighbouring Rwanda.

The HRW representative explained that morphology, place of residence, language and oral tradition are essential methods of identifying Tutsis and other people with relatives of Tutsi origin.

In terms of physical appearance, members of the Tutsi ethnic group are generally described as being, among other things, slim with pointy noses. As for the place of residence, the HRW representative explained that, in the Democratic Republic of Congo, members of the same ethnic group generally live in a well-defined area and speak their own language. It therefore becomes very easy, especially in rural areas, to identify the members of a given ethnic group. Finally, the HRW representative stressed the fact that, in societies with an oral tradition, the ability to identify members of surrounding ethnic groups is very great. If there is a doubt, the person is asked to state his or her identity, ethnicity and mother tongue, which makes it possible to check with other members of the group to which the person claims to belong whether the person is indeed part of that group.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of sources consulted in researching this Information Request.

Human Rights Watch (HRW). 10 September 2001. Telephone conversation with a representative responsible for the DRC.

Pitsch, Anne. January 2000. Hutus and Banyamulenge in the Democratic Republic of Congo (DRC, Formerly Congo). Published by the Minorities at Risk Project. http://www.bsos.umd.edu/cidcm/mar/drcbany.html [Accessed 13 Sept. 2001]

United Kingdom. April 2001. Home Office, Immigration and Nationality Directorate (IND). Democratic Republic of Congo Assessment. http://www.ind.homeoffice.gov.uk/defaut.asp?pageld=172 [Accessed 9 Sept. 2001]

Africa Confidential 1999-2001

Africa Research Bulletin 1999-2001

IRB Databases

Info-Congo/Kinshasa 1999-2001

Jeune Afrique/L'Intelligent 1999-2001

Keesing's Record of World Events 1999-2001

LEXIS/NEXIS

REFWORLD

Indexed Media Review (IMR) 1999-2000

Internet sites, including:

Amnesty International

ASADHO

Human Rights Watch (HRW)

International Crisis Group (ICG)

Médias congolais

MISNA

Observatoire de l'Afrique centrale

Panafrican News Agency (PANA)

ReliefWeb

Le Soir

La Voix des Sans Voix (VSV)

Search engines, including:

Fast

Lycos