Democratic Republic of the Congo: Biometric passports, including whether the notation [translation] "2nd Counsellor of the Embassy" ("2e conseiller d'ambassade") is indicated on the document; the requirements and procedures for obtaining the service passport, as well as its validity and the conditions resulting in its revocation (2010-August 2014)

1. General Information on Biometric Passports

During a telephone interview with the Research Directorate, a representative of the Embassy of the Democratic Republic of the Congo (DRC) in Washington stated that the biometric passport has been mandatory in the DRC since 2009, and that it is the only valid passport; earlier passports, including those that have not yet expired, have been [translation] "cancelled" (DRC 30 July 2014). In correspondence with the Research Directorate, a representative of the Embassy of the DRC in Ottawa also stated that no earlier passport, including those that have not expired, may be used (ibid. 8 Aug. 2014). Furthermore, an operational bulletin published by Citizenship and Immigration Canada in 2010 states the following:

The Government of the Democratic Republic of Congo (DRC) has announced that effective January 1, 2010, only the latest "B" series of DRC passports are acceptable for international travel and all earlier issued passports are no longer valid. The "B" series passport has a serial number beginning either with "OB" (ordinary passports), "SB" (special passports) or "DB" (diplomatic passports). Only DRC passports with serial numbers beginning with "OB", "SB" or "DB" are valid. (Canada 18 Jan. 2010)

The representative of the Embassy of the DRC in Washington also stated that the DRC issues three types of passports (ordinary, diplomatic and service) (DRC 30 July 2014).

1.1 Characteristics and Content of Biometric Passports

According to the representative of the Embassy of the DRC in Washington, although the photograph, fingerprints and signature of the applicant are scanned when a biometric passport application is submitted, only the scanned photograph is in the biometric passport (DRC 6 Aug. 2014). The website of the Embassy of the DRC in London also states that the scanned photograph is printed in the biometric passport (ibid. n.d.c). According to the model of the Congolese passport provided by Keesing Reference Systems, the front cover does not have a pictogram of an electronic chip (Keesing n.d.a), a symbol indicating that a machine-readable passport is electronic according to the specifications of the International Civil Aviation Organization (ICAO) (ICAO 2006, Art. 3 of part II).

In correspondence sent to the Research Directorate, a representative of the International Organization for Migration (IOM), stationed in Kinshasa, stated that the current DRC passport is not entirely biometric and does not comply with international standards (IOM 30 July 2014). In subsequent correspondence, another IOM representative explained that this is because the Congolese passport does not yet have an image of the iris or the fingerprint of the bearer (ibid. 5 Aug. 2014). According to that same IOM representative, the DRC passport is still [translation] "machine readable" (ibid.).

According to Keesing Reference Systems, the following information is included in the DRC national passport: name, given name, date of birth, place of birth, signature of bearer, sex, personal number, document number, expiry date, date of issue, and issuing country and authority (Keesing n.d.a). The type of passport and the [translation] "post-name" (post-nom) also appear on the sample presented by Keesing (ibid. n.d.b). According to that same sample, page 31 of the DRC national passport includes the bearer's place of residence and profession (ibid. n.d.c).

During a telephone interview with the Research Directorate, the representative of the Embassy of the DRC in Washington stated that the biometric passport may contain the notation [translation] "2nd Counsellor of the Embassy" ("2e conseiller d'ambassade") (DRC 30 July 2014). According to that same source, this notation refers to a diplomatic rank within the Ministry of Foreign Affairs, that is, the authority that signs the passport by affixing its stamp, name and title (ibid.). Furthermore, a Le Potentiel newspaper article on 29 March 2014 states that [translation] "only the Ministry of Foreign Affairs possesses the signature and stamps to validate the biometric passport."

1.2 Issuing Authority

According to a representative of the Embassy of the DRC in Washington, the Ministry of Foreign Affairs is the sole authority for issuing Congolese biometric passports (DRC 30 July 2014). The websites of the embassies of the DRC in Washington (ibid. n.d.b) and in Paris (ibid. n.d.d), as well as the website of the Permanent Mission of the Democratic Republic of the Congo to the United Nations (ibid. 2 Mar. 2010), located in New York, state that the printing of biometric passports is Kinshasa's responsibility.

1.3 Requirements and Procedures for Obtaining a Biometric Passport

1.3.1 From Abroad

During a telephone interview with the Research Directorate, the representative of the Embassy of the DRC in Washington stated that each embassy has its own procedures concerning passport applications (DRC 30 July 2014).

The following information is posted on the website of the Embassy of the DRC in Ottawa concerning the procedure for obtaining a biometric passport:

[translation]

The procedure for obtaining a biometric passport has two steps.

First step

The applicant must correctly fill out the application form ... taking care to answer all the questions. Any form that is incorrectly filled out will not be considered.

Once the form is completed, the applicant must attach copies of all the documents required and send the sealed envelope to the embassy address.

The documents required are the following:

A copy of the first three pages of the former Congolese passport

A photocopy of the birth attestation or certificate

A copy of the Canadian resident card, work permit or study permit. (These documents must be valid and issued by Immigration Canada.)

Four passport photographs

Proof of residential address

Second step

Upon receiving the form, the consular service will contact the applicant to make an appointment.

The applicant must appear in person at the embassy on the scheduled date and time (a delay of more than 15 minutes will cancel the appointment).

At the embassy, the applicant must complete, in pen and in upper case letters, the same biometric passport application form.

The applicant must have in their possession the original documents initially sent to the embassy.

If the applicant has no consular card, an additional $20 will be required to create their card (DRC n.d.a).

The website of the Permanent Mission of the DRC to the United Nations posts the following information concerning the process and conditions for residents of the United States to obtain a biometric passport:

[translation]

Set up an appointment and appear at the Permanent Mission to fill in an application, have your picture taken and be fingerprinted.

Document to be provided:

a copy of your old passport, or failing this, a police report attesting to the loss of the passport;

a copy of one of the following: Green Card, I-94, State ID or Driver's License;

a money order of $250 payable to the Permanent Mission of the DRC to the United Nations (ibid. 2 Mar. 2010).

1.3.2 In the DRC

The representative of the Embassy of the DRC in Washington provided the information in the following paragraph concerning the procedure for obtaining a passport from within the DRC (DRC 6 Aug. 2014).

An application for a biometric passport in the DRC is made to the Ministry of Foreign Affairs in Kinshasa or to one of its officials seconded to one of the provinces. Moreover, the procedure for obtaining the passport in the DRC differs greatly from the procedure for obtaining it from an embassy, notably with respect to the documents required, an attestation serving as a certificate of nationality and a police clearance being requested in the DRC, and the requirement to obtain approval from the Intelligence Service (Service des renseignements) officers, housed within the Ministry of the Interior, which first verifies the information contained in the passport application form for identification purposes. Other sources also refer to the identity check conducted by the National Intelligence Agency (Agence nationale de renseignements, ANR) (ACP 19 Aug. 2010; La République 15 Jan. 2010; Radio Okapi 1 Apr. 2009).

Moreover, two sources point out the [translation] "administrative slowness" faced by the residents of Kinshasa in order to obtain a biometric passport, considering the limited number of photo centres, Kinshasa having in March 2014 only one centre for a significant population (Le Potentiel 29 Mar. 2014; Radio Okapi 28 Mar. 2014). However, these same sources cite an announcement made on 27 March 2014 by the Chancellery and Litigation Branch (Direction de la chancellerie et des litiges) at the Ministry of Foreign Affairs, according to which three other centres would soon open in Kinshasa (ibid.; Le Potentiel 29 Mar. 2014). Still according to those same sources, outside of Kinshasa, there are six other photo centres, located in Katanga, Maniema, Kasaï-Oriental and Kasaï-Occidental, and in the cities of Bunia and Kinsangani in Orientale Province (ibid.; Radio Okapi 28 Mar. 2014).

2. Service Passport

A sample of the DRC service passport, with a dark green cover, taken from the Electronic Document Information System on Network (Edison TD), is attached to this Response.

In a telephone interview with the Research Directorate, the representative of the Embassy of the DRC in Washington stated that service passports are issued only to individuals such as government employees on official duty, while the ordinary passport is for anyone, and the diplomatic passport is issued to diplomats and their family, as well as to ministers and other individuals holding a high government position (DRC 30 July 2014). According to a story from the Agence congolaise de presse (ACP) on the introduction of the new biometric passports on 1 April 2009, published on 1 April 2009 on the website Internet Digitalcongo.net and making reference to a speech by the Minister of Foreign Affairs to foreign diplomats accredited to the DRC, [translation] "the service passport will be issued to secretaries general of the public administration, government officials on official duty, and those from the Ministry of Foreign Affairs who have not been posted. Public representatives, as well as athletes who travel to compete, are entitled to the service passport, accompanied by a verbal note (note verbale)." Further information on this verbal note could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the representatives of the embassies of the DRC in Washington (DRC 30 July 2014) and in Ottawa (ibid. 8 Aug. 2014), a service passport is valid for five years, as is the case for the other types of passports. According to the representative of the Embassy of the DRC in Washington, the service passport is free and revocable if the bearer ceases to occupy his position (ibid. 5 Aug. 2014). Further information on the service passport, in particular on the conditions resulting in its revocation, could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

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

Agence congolaise de presse (ACP). 19 August 2010. "Des difficultés décriées dans l'obtention du passeport biométrique ordinaire." [Accessed 8 Aug. 2014]

_____. 1 April 2009. "Les ambassadeurs et chefs des missions diplomatiques informés sur la mise en circulation des nouveaux passeports biométriques." [Accessed 8 Aug. 2014]

Canada. 18 January 2010. Citizenship and Immigration Canada (CIC). "Traitement des demandes présentées avec un passeport de la République démocratique du Congo." Bulletin opérationnel 177. [Accessed 6 Aug. 2014]

Democratic Republic of the Congo (DRC). 8 August 2014. Embassy of the Democratic Republic of the Congo in Ottawa. Correspondence sent to the Research Directorate by a representative.

_____. 6 August 2014. Embassy of the Democratic Republic of the Congo in Washington. Telephone interview with a representative.

_____. 5 August 2014. Embassy of the Democratic Republic of the Congo in Washington. Telephone interview with a representative.

_____. 30 July 2014. Embassy of the Democratic Republic of the Congo in Washington. Telephone interview with a representative.

_____. 2 March 2010. Permanent Mission of the Democratic Republic of the Congo to the United Nations in New York. "Consular Services: Passport Application." [Accessed 7 Aug. 2014]

_____. N.d.a. Embassy of the Democratic Republic of the Congo in Ottawa. "Passeport/Voyages : Procédure à suivre pour l'obtention du passeport biométrique." [Accessed 22 July. 2014]

_____. N.d.b. Embassy of the Democratic Republic of the Congo in Washington. "New Congolese passport application procedures." [Accessed 22 July 2014]

_____. N.d.c. Embassy of the Democratic Republic of the Congo in London. "Conditions d'obtention du passeport." [Accessed 28 July 2014]

_____. N.d.d. Embassy of the Democratic Republic of the Congo in Paris. "Les démarches et les justificatifs." [Accessed 8 Aug. 2014]

International Civil Aviation Organization (ICAO). 2006. Documents de voyage lisibles à la machine. Partie 1: Passeports lisibles à la machine. Volume 2 : Spécifications pour passeports à composant électronique contenant des éléments d'identification biométrique, 6e éd. (Doc 9303) [Accessed 11 Aug. 2014]

International Organization for Migration (IOM). 5 August 2014. Kinshasa Office. Correspondence sent to the Research Directorate by a representative.

_____. 30 July 2014. Correspondence sent to the Research Directorate by a representative.

Keesing Reference Systems. N.d.a. "Congo, Democratic Republic - COD - National Passports: Cover." [Accessed 28 July 2014]

_____. N.d.b. "Congo, Democratic Republic - COD - National Passports: Photograph and Bearer's Details." [Accessed 7 Aug. 2014]

_____. N.d.c. "Congo, Democratic Republic - COD - National Passports: Second Spread." [Accessed 8 Aug. 2014]

Le Potentiel. 29 March 2014. Donatien Ngandu Mupompa. "L'obtention du passeport biométrique reste un véritable casse-tête pour les Kinois." [Accessed 22 July 2014]

Radio Okapi. 28 March 2014. "Les Kinois peinent à obtenir les passeports biométriques." [Accessed 22 July 2014]

_____. 1 April 2009. "Kinshasa : les passeports biométriques sont enfin là!" [Accessed 5 Aug. 2014]

La République. 15 January 2010. "Obtention du passeport biométrique : le chemin de la croix de l'Anr aux Affaires étrangères." [Accessed 7 Aug. 2014]

Additional Sources Consulted

Oral sources: Attempts to contact representatives of the following organizations were unsuccessful: Centre national d'appui au développement et à la participation populaire; Comité des observateurs des droits de l'homme; Democratic Republic of the Congo - Embassy of the Democratic Republic of the Congo in the Benelux region, Embassy of the Democratic Republic of the Congo in London, Ministry of Foreign Affairs.

Internet sites, including: Afrik.com; Afrique Rédaction; AllAfrica; Democratic Republic of the Congo - Ministry of the Interior; Droitcongolais.info; ecoi.net; Factiva; Infosud-Tribune des droits humains; Jeune Afrique; Kongo Times; Legalnet.cd; Panapress; Le Phare; Syfia Grands Lacs; United States - Department of State.

Attachment

Electronic Document Information System on Network (EDISON TD). N.d. "Congo, Democratic Republic. Service Passport." [Accessed 6 Aug. 2014]