Democratic Republic of Congo: Whether a document called a Certificate of Lost Documents [attestation de perte de pièces] is accepted as a means of identification; if so, the date that this measure came into force; information on the certificate, including whether lost identity documents are indicated on it; whether the document contains stamps or seals from the National Intelligence Agency (Agence nationale des renseignements, ANR) and the Migration Branch (Direction générale de migration, DGM); procedure to obtain document (2006-Novembre 2013)

1. Certificate of Lost Documents

Sources state that the Certificate of Lost Documents is a document issued to people who have lost an identity document (Canada 5 Dec. 2013; LE 5 Nov. 2013) [translation] "in order to support their identification" (ibid.).

1.1 Issuance of the Certificate of Lost Documents

According to two sources, the Certificate of Lost Documents is no longer issued in the Democratic Republic of the Congo (ACAJ 18 Nov. 2013; Canada 5 Dec. 2013). In correspondence sent to the Research Directorate, the Executive Secretary of the Ligue des électeurs (LE), a Congolese NGO that defends human rights and promotes electoral culture and is part of the International Federation of Human Rights (Fédération internationale des ligues des droits de l'homme, FIDH), explains that, since 1984, the government [translation] "has been unable...to provide an identity card to the Congolese people," and that, consequently, the Certificate of Lost Documents "has been systematically issued as a piece of identification" (LE 5 Nov. 2013). The Executive Secretary added that the voter's card became an [translation] "interim identity card" (ibid.) during 2005 and 2006. In correspondence sent to the Research Directorate, the President of the Congolese Association for Access to Justice (Association congolaise pour l'accès à la justice, ACAJ), a human rights NGO (ACAJ n.d.), points out that the Certificate of Lost Documents [translation] "is no longer issued...since the voter's card was put into circulation in 2006" (ibid. 18 Nov. 2013). A representative of the Embassy of Canada in Kinshasa, who obtained information from an officer at the municipality's Citizen Services (Service de population), stated in correspondence sent to the Research Directorate that, since August 2012, the government has [translation] "prohibited" the issuance of the Certificate of Lost Documents because of the "massive amounts of fraud" resulting from the armed conflict in the country (Canada 5 Dec. 2013). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

1.2 Validity of the Certificate of Lost Documents

The official from the embassy stated that, according to information from the officer at the municipality's Citizen Services, the Certificate of Lost Documents had been accepted as a means of identification between 1997 and 2012 (ibid.). However, similar to the information provided by the President of ACAJ, the official stated that the Certificate of Lost Documents is no longer valid (ibid.; ACAJ 18 Nov. 2013). According to the ACAJ President, the Certificate of Lost Documents has not been valid since [translation] "around 2005" (11 Dec. 2013). However, during a telephone interview with the Research Directorate, the individual responsible for the ANR Operations Branch stated, on the contrary, that Certificates of Lost Documents issued between 1997 and 2012 were still valid and served as an identity card (DRC 10 Dec. 2013). A representative of the Association for Peace, Human Rights and Justice (Ligue pour la paix, les droits de l'homme et la justice, LIPADHOJ), a Congolese NGO that defends victims of human rights violations (GTDV s.d.), also stated in correspondence sent to the Research Directorate that the Certificate of Lost Documents is still considered valid [translation] "to a certain extent," but that it would depend on the authority or official before which it was presented (LIPADHOJ 11 Dec. 2013). According to the representative, the Certificate of Lost Documents is used by people who have lost their identity documents (certificate of nationality, passport) in order to request a voter's card (ibid.). The Executive Secretary of the LE also stated that the Certificate of Lost Documents could be used to request a [translation] "duplicate" of the voter's card, but he specified that, since December 2012, the procedure for issuing duplicates of voter's cards has been suspended (LE 5 nov. 2013). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2. Format of and Information on the Certificate of Lost Documents

According to sources, the following information could be found on the Certificate of Lost Documents:

Bearer's names (LE 5 Nov. 2013; LIPADHOJ 11 Dec. 2013; DRC 10 Dec. 2013)

Date of birth (ibid.; LIPADHOJ 11 Dec. 2013)

Place of birth (ibid.)

Province of origin (ibid.)

Bearer's address (DRC 10 Dec. 2013; LE 5 Nov. 2013)

Civil status (ibid.; RPD 10 Dec. 2013)

Profession (ibid.; LE 5 Nov. 2013)

Parents' names (LIPADHOJ 11 Dec. 2013; DRC 10 Dec. 2013)

Parents' address (Canada 5 Dec. 2013)

Photograph of bearer (LE 5 Nov. 2013)

Signature of bearer under the photograph (ibid.)

Date of issuance (ibid.; LIPADHOJ 11 Dec. 2013)

List of documents lost (LE 5 Nov. 2013; Canada 5 Dec. 2013)

According to the Executive Secretary of the LE, the certificate bears [translation] "the seal of the municipality and the signature of the bourgmestre" (5 Nov. 2013). The LIPADHOJ representative stated, however, that the certificate bears the seal or stamp of the authority who issued it, be it, for example, the police or the Ministry of the Interior [ministère de l'Intérieur] (11 Dec. 2013);

Two sources state that the certificate bears no mention of the ANR or the DGM (ACAJ 18 Nov. 2013; LE 5 Nov. 2013). However, the embassy official stated that, according to the officer from Citizen Services, the certificate bears the stamps of the ANR and the DGM (5 Dec. 2013).

Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Sources report that the certificate is prepared in French (Canada 5 Dec. 2013; LE 5 Nov. 2013). According to the individual responsible for operations at the ANR, the certificate is a card (DRC 10 Dec. 2013). However, the LIPADHOJ representative stated that the certificate format varies (LIPADHOJ 11 Dec. 2013). For example, he stated that the Certificates of Lost Documents issued by the police are prepared on A4 paper, while those issued by the municipality are made of cardboard, in the form of a pamphlet (ibid.). Further information on the format of the Certificates of Lost Documents could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3. Validity Period

According to the Executive Secretary of the LE, the Certificate of Lost Documents is valid for three months from the date of issuance (LE 5 Nov. 2013). However, the LIPADHOJ representative stated that the duration of validity is not indicated on the certificate; according to him, the certificate, which is used to obtain a voter's card, is no longer used once the voter's card is issued to the bearer (11 Dec. 2013). Further information on the duration of the validity of the certificates of lost documents could not be found among the sources consulted by the Research Directorate within the time constraints of the Response.

4. Procedure to Obtain the Certificate of Lost Documents

Sources state that the Certificate of Lost Documents is issued by the municipality (LE 5 Nov. 2013; DRC 10 Dec. 2013; LIPADHOJ 11 Dec. 2013). The LIPADHOJ representative stated that it could also be issued by the police (ibid.). Sources explain that the applicant first had go to the police to report a lost document (ibid.; LE 5 Nov. 2013). According to the Executive Secretary of the LE, at that time, the police would establish a [translation] "contact report" (ibid.). He stated that the applicant had to prove their identity by stating [translation] "their most detailed personal information, even their village of origin" (ibid. 13 Nov. 2013). Sources report that the applicant was [translation] "taken at their word" (ibid.; LIPADHOJ 11 Dec. 2013). The LIPADHOJ representative stated that the applicant did not necessarily have to present documents to support their application, but that certain police officers required it (for example, a former identity card issued when the region was still called Zaire could be requested) (ibid.).

According to the Executive Secretary of the LE, the applicant then had to present the report to the [translation] "local ANR office for authorization, and then the municipal administration would produce the Certificate" of Lost Documents (LE 5 Nov. 2013). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints.

Sources state that the applicant had to pay a fee (LIPADHOJ 11 Dec. 2013; DRC 10 Dec. 2013) of about five American dollars (ibid.).

According to the Executive Secretary of the LE, it took a minimum of two days to obtain it (LE 13 Nov. 2013). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The individual responsible for operations at the ANR stated that the Certificate of Lost Documents [translation] "could be requested by a third person, as long as they had the information in their possession" (DRC 10 Dec. 2013). He added that this information [translation] "could be written on a piece of paper" (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints for this Response.

According to the Executive Secretary of the LE, the Certificate of Lost Documents cannot be issued in Canada (LE 13 Nov. 2013). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

4.1 Renewal

The Executive Secretary of the LE stated that once the Certificate of Lost Documents expired, it could be renewed many times; the bearer simply needed to go directly to the municipal administration and was not required to report to the police first (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate.

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 for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Association congolaise pour l'accès à la justice (ACAJ). 11 December 2013. Telephone interview with the president.

_____. 18 November 2013. Correspondence from the President to the Research Directorate.

_____. N.d. "Bienvenue sur le site officiel de l'ACAJ!" [Accessed 9 Dec. 2013]

Canada. 5 December 2013. Embassy of Canada in Kinshasa. Correspondence from an official to the Research Directorate.

Democratic Republic of the Congo. 10 December 2013. Agence Nationale des Renseignements. Telephone interview with the Operations Branch Manager.

Victims' Rights Working Group (VRWG). N.d. "LIPADHOJA.s.b.l., Ong/DH Ligue pour la paix, les droits de l'homme et la justice." [Accessed 18 Dec. 2013]

Ligue des électeurs (LE). 13 November 2013. Correspondence from the Executive Secretary to the Research Directorate.

_____. 5 November 2013. Correspondence from the Executive Secretary to the Research Directorate.

Ligue pour la paix, les droits de l'homme et la justice (LIPADHOJ). 11 December 2013. Correspondence from an official to the Research Directorate.

Additional Sources Consulted

Oral sources: Officials from the following organizations were unable to provide information for this Response: Democratic Republic of the Congo - ministère du Plan et Suivi de la mise en oeuvre de la révolution de la modernité; Institut Vie et Paix; Interpol; National Democratic Institute; Attempts to contact officials of the following organizations were unsuccessful: Association africaine des droits de l'homme; Association des femmes avocates de la République démocratique du Congo; Association des femmes juristes congolaise; Centre des droits de l'homme et du droit humanitaire; Comité des observateurs des droits de l'homme; Democratic Republic of the Congo - Embassy in Ottawa, ministère de l'Intérieur, Sécurité, Décentralisation et Affaires coutumières, ministère de la Justice; Electoral Institute for Sustainable Democracy in Africa; Groupe Justice et Libération; Ligue des droits de la personne dans la région des Grands Lacs.

Internet sites, including: Africatime; Afriquinfos; Agence congolaise de presse; AllAfrica; Amnesty International; Commission électorale nationale indépendante; Le Congolais; Congo indépendant; Congo Tribune; Courrier International; Echos Grands-Lacs; ecoi.net; Eupol RD Congo; Factiva; Fédération internationale des ligues des droits de l'homme; Freedom House; Global Rights; GlobalSecurity.org; Human Rights First; Human Rights Watch; Infosbascongo.net; Jeune Afrique; Kongo Times!; Lexadin; Pambazuka News; Le Potentiel; La Prospérité; Radio France internationale; Slate Afrique; Sociétécivile.cd; United Nations - Integrated Regional Information Networks, Refworld, ReliefWeb, Office for the High Commissioner for Human Rights; United States - Department of State; Université de Kinshasa; Université de Kisangani; Université de Lubumbashi; West Africa Elections Observers Network.