Responses to Information Requests

Research Directorate, Immigration and Refugee Board of Canada

1. Overview

According to sources, the voter card is issued by the Independent National Electoral Commission (Commission électorale nationale indépendante, CENI) (US n.d.; CDH 2022-08-12; Executive Secretary 2022-08-12). Sources state that the card is issued during the registration period that precedes presidential (CDH 2022-08-12) or nationwide elections (US n.d.) or [translation] "during the review process for the electoral register" (Executive Secretary 2022-08-12). In an interview with the Research Directorate, the Secretary General of the Centre for Human Rights and Humanitarian Law (Centre des droits de l'homme et du droit humanitaire, CDH), a local NGO in the Democratic Republic of the Congo (DRC) (Radio Okapi 2016-01-22), noted that the registration period begins [translation] "a few months" before elections (CDH 2022-08-12). According to sources, the card is valid until the next national elections (CDH 2022-08-12; US n.d.), which amounts to a five-year period (CDH 2022-08-12).

In correspondence with the Research Directorate, the Executive Secretary of Héritiers de la justice, an organization in the DRC that promotes peace and justice in eastern DRC, particularly in the South Kivu region (KAIROS Canada n.d.), stated that [translation] "given the lack of identity document in the country since the end of the Mobutu regime in 1997 and the country's name change, the voter card ... serves as an identity card in the DRC" (Executive Secretary 2022-08-12). Similarly, the US Department of State's Reciprocity Schedule for the DRC indicates that the voter card is "the sole [n]ational ID card available at present" (US n.d.). The Secretary General of the CDH also stated that the voter card is used as an identity card, especially with law enforcement (CDH 2022-08-12).

2. Voter Identification and Registration

Law No. 04/028 of 24 December 2004 Concerning the Identification and Registration of Voters in the Democratic Republic of the Congo, as Amended and Supplemented by Law No. 16/007 of 29 June 2016 (Loi no 04/028 du 24 décembre 2004 portant identification et enrôlement des électeurs en République démocratique du Congo telle que modifiée et complétée par la Loi no 16/007 du 29 juin 2016) reads as follows:

[translation]

Article 3:

The Independent National Electoral Commission is the institution responsible for organizing the identification and registration of voters, and for establishing, publishing and updating voter lists.

It sets the start and end dates for these processes and takes all necessary measures to ensure their successful completion.

…

Article 5:

Voter identification and registration operations are carried out at the same time. They take place at the "Registration Centre" (Centre d'inscription), abbreviated "CI."

…

Article 7:

Voters are identified and registered at the Registration Centre in the jurisdiction where their principal residence is located.

However, an individual who is outside the jurisdiction where their principal residence is located may identify themselves and register at the Registration Centre where their temporary residence is located.

Jurisdiction of residence refers to the territory covered by the Registration Centre that includes the place of residence of the person to be identified and registered.

…

Article 21:

The Registration Centre is the operational structure responsible for receiving voter candidates for the purpose of identifying and registering them. It issues the voter card. (DRC 2016, references omitted)

The Executive Secretary of Héritiers de la justice stated that as of August 2022, the voter card had been issued three times: in 2005, 2011 and 2016–2017 (Executive Secretary 2022-08-12).

The Secretary General of the CDH indicated that the CENI also issues duplicate voter cards (CDH 2022-08-12). The same source noted that duplicates are available [translation] "at any time" after the registration period (CDH 2022-08-12). According to the Executive Secretary of Héritiers de la justice, the CENI has [translation] "sometimes" issue duplicate voter cards to individuals who lost theirs; such a request would require the presentation of a [translation] "certificate of lost document" from the Congolese National Police (Police nationale congolaise, PNC) and verification of the applicant's prior registration through a [translation] "CENI [computer] server" (Executive Secretary 2022-08-12). However, media sources report that the CENI has not issued duplicate voter cards (RTR 2021-02-25; Actualite.cd 2021-04-13) since 2019 due to insufficient means (Actualite.cd 2021-04-13).

3. Requirements and Procedures for Obtaining or Replacing the Voter Card

Law No. 04/028 reads as follows:

[translation]

Article 8:

To be registered on the voter list, [an individual] must meet the following conditions:

1. be a Congolese national;
2. be 18 years of age on the date of the last election of the electoral cycle;
3. be in the Democratic Republic of the Congo at the time of identification and registration;
4. be eligible for civil and political rights.

However, a Congolese person living abroad who meets the conditions set out at points 2 and 4 of the previous paragraph and who holds a valid identity card or passport may identify themselves and register at the registration centre in the embassy or consulate in their place of residence.

A Congolese person living in a country where the Democratic Republic of the Congo does not have diplomatic or consular representation may identify themselves and register at a registration centre near their place of residence.

Article 9:

The following persons may not be registered on the voter list:

1. Persons with complete mental incapacity that is medically proven;
2. Persons deprived, by an irrevocable judicial decision, of their civil and political rights;
3. Serving soldiers and police officers.

Article 10:

To verify the voter's identity and age, consideration will be given to one of the following documents:

1. Birth certificate, a certified true copy, an extract or an affidavit in place of a birth certificate issued by the competent jurisdiction;
2. Certificate of nationality or attestation in lieu;
3. 2010-2011 voter card issued by the Independent National Electoral Commission;
4. Valid Congolese passport;
5. Valid national driver's licence;
6. Valid student card;
7. Order from the President of the Republic conferring citizenship by naturalization;
8. Congolese pension booklet issued by the public agency responsible for social security.

If none of these documents can be provided, consideration will be given to a written statement from three individuals of the age of majority who are already registered on the voter list at the same Registration Centre, countersigned, free of charge, by the district or village chief where the centre is located.

However, a Congolese person living abroad who applies for identification and registration must present one of the following documents:

1. Valid Congolese passport;
2. Consular card.

Each of the documents listed above must be presented together with either a valid residency card or attestation, or a valid residence permit. (DRC 2016, references omitted)

According to the US Reciprocity Schedule, the voter card is obtained by filling out an application form and going to the nearest CENI office with proof of identity, such as old photo identity documents, or two witnesses with valid national identity documents (US n.d.). The same source states that the voter card is printed on the spot after a photograph is taken (US n.d.).

The information in the following paragraph was provided by the Secretary General of the CDH:

To obtain the voter card, the applicant must go to the local CENI office during the registration period and answer the CENI officers' questions regarding the applicant's date and place of birth, community and address at the time of the application. The CENI [translation] "generally" does not request proof of identity unless there are "doubts" about the applicant's background, in which case the applicant must bring witnesses who can corroborate their statements. A copy of the old card can serve as proof for applicants who are already registered on the voter list and who lost their voter card (CDH 2022-08-12). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to sources, voter cards are issued free of charge by the CENI (US n.d.; CDH 2022-08-12; Executive Secretary 2022-08-12), as are duplicates (CDH 2022-08-12; Executive Secretary 2022-08-12).

4. Features of the Voter Card

The Reciprocity Schedule states that the voter card is blue (US n.d.). The Secretary General of the CDH also stated that the text on the voter card is black against a sky blue background (unlike the previous card, which had a red background) and contains the following visible features:

• the phrases "République démocratique du Congo" (Democratic Republic of the Congo), "Commission électorale nationale indépendante" and "carte d'électeur" (voter card) written at the top of the card;
• the code and name of the registration centre;
• the holder's [translation] "national number";
• information on the holder's civil status: last name, first name or "post-name" (post-nom), date and place of birth, sex, father's and mother's names;
• the holder's current place of residence: sector/chiefdom/commune, territory/city and province;
• the holder's place of origin: sector/chiefdom/commune, territory/city and province;
• serial number of the card;
• place and date of issue
• name and signature of the CENI employee who issued the card;
• CENI barcode; and
• CENI emblem (DRC flag and map) as a watermark (CDH 2022-08-12).

The same source stated that the security features of the voter card are the barcode, the signature of the government official who issued the card and the CENI watermark, as well as the holder's photograph and fingerprint (CDH 2022-08-12).

Sources also confirmed that voter cards issued across the country for the same election period are [translation] "similar in every way" (CDH 2022-08-12), or [translation] "identical" (Executive Secretary 2022-08-12).

5. Versions Issued Since 2016

Information on versions of the voter card issued since 2016 was scarce among the sources consulted by the Research Directorate within the time constraints of this Response.

The Secretary General of the CDH stated that only one version of the voter card was issued in 2016-2017 and it is still valid since the national elections held in 2018 (CDH 2022-08-12). The Executive Secretary of Héritiers de la justice also indicated that this version of the card was [translation] "the only one" and noted the following information about the registration process:

In the lead-up to the 2018 elections ... the voter list was gradually updated in the provinces. This process began in 2016 and ended in 2017.

… [B]ecause of the relatively long period of time between when voters were registered and when the elections were held, a significant number of people had lost their card. They were given duplicate cards. (Executive Secretary 2022-08-12)

Sources note that during the 2016–2017 registration period, individuals who were at least 16 years of age were allowed to register (Radio Okapi 2017-02-09; Executive Secretary 2022-08-12), [translation] "with the view that [16- and 17-year-olds] would have reached the age of majority" at the time of the 2018 elections (Executive Secretary 2022-08-12).

A sample of a voter card (issued in 2017), sent to the Research Directorate by the Executive Secretary of Héritiers de la justice, is attached to this Response.

6. Document Fraud Related to the Voter Card

Information on document fraud related to the voter card in the DRC was scarce among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the Secretary General of the CDH, document fraud related to the voter card is [translation] "widespread" in the DRC because the document is [translation] "very easy" to reproduce (CDH 2022-08-12). The same source stated that these falsified voter cards are produced either in cybercafés for lower-quality documents or in secret print shops run by counterfeiting networks for high-quality imitations that resemble a genuine card (CDH 2022-08-12). Without providing further details, the Executive Secretary of Héritiers de la justice also stated that, according to [translation] "several sources," the false voter cards in circulation are produced

• in conjunction with "certain dishonest [CENI] agents";
• through "counterfeiting carried out by pirate IT shops (services)";
• using "CENI equipment stolen from certain territories during and after past elections." (Executive Secretary 2022-08-12)

The information in the following two paragraphs was provided by the Secretary General of the CDH:

People who were minors at the time of the last elections and who have since become adults and do not attend an academic institution may turn to counterfeiters to obtain a fraudulent voter card in order to have an identity document when one is required by government representatives, including law enforcement. A genuine voter card may also be issued [translation] "illegally" by the authorities, like the 2016 case where, in certain villages of North Katanga, cards were given to minors, especially 16- or 17-year-olds.

Due to a lack of resources, the government has not implemented "any specific measures" to combat voter card fraud. The "majority" of government services, including the police, are unable to differentiate between fraudulent cards produced by high-quality secret printers and genuine voter cards. Only immigration officers are capable of detecting this type of fraudulent card. However, when the authorities catch someone using a fraudulent card, they "try" to conduct an investigation in order to dismantle the secret print shops that were used. Counterfeiters and users of fraudulent voter cards are also "sometimes" prosecuted in court under the Criminal Code (Code pénal) provisions on counterfeiting. Punishments may be as much as three years in prison (CDH 2022-08-12). Corroborating information 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

Actualite.cd. 2021-04-13. "Carte d'électeur : La CENI ne produit plus des duplicatas depuis 2019 faute d'argent." [Accessed 2022-08-10]

Centre des droits de l'homme et du droit humanitaire (CDH). 2022-08-12. Interview with the Secretary General.

Democratic Republic of the Congo (DRC). 2016. Loi no 04/028 du 24 décembre 2004 portant identification et enrôlement des électeurs en République démocratique du Congo telle que modifiée et complétée par la Loi no 16/007 du 29 juin 2016. [Accessed 2022-08-12]

Executive Secretary, Héritiers de la justice. 2022-08-18. Correspondence with the Research Directorate.

KAIROS Canada. N.d. "Héritiers de la Justice, Democratic Republic of Congo." [Accessed 2022-08-31]

Radio Okapi. 2017-02-09. "Que faire en cas de perte de la nouvelle carte d'électeur?" [Accessed 2022-09-28]

Radio Okapi. 2016-01-22. "Lubumbashi : L'ONG CDH demande la libération de Christopher Ngoy." [Accessed 2022-10-01]

Radio télévision Rwanzururu (RTR). 2021-02-25. Mathe Ngovoka. "DRC : 'La CENI doit relancer la production des duplicatas des cartes d'électeurs aux requérants' (Jules Mathe)." [Accessed 2022-09-27]

United States (US). N.d. Department of State. "Democratic Republic of the Congo Reciprocity Schedule." [Accessed 2022-08-12]

Additional Sources Consulted

Oral sources: Les Anges du ciel; attorney and law faculty instructor at a Congolese university; Avocats sans frontières; Barreau de Kinshasa; Barreau de Mbandaka; Caucus des femmes; Collectif des organisations des jeunes solidaires du Congo-Kinshasa; Comité national femme et développement; Democratic Republic of Congo – Embassy in Ottawa; Human Rescue/DRC; Kivu Rise; law firms in the Democratic Republic of the Congo (4); Ligue des droits de la personne dans la région des Grands Lacs; Ligue pour la paix et les droits de l'homme; Ligue pour la paix, les droits de l'homme et la justice; Programme d'appui aux actions féminines; Réseau des femmes pour un développement associatif; Toges noires; Voix des sans-voix pour les droits de l'homme; Women as Partners for Peace in Africa.

Internet sites, including: Al Jazeera; Amnesty International; Australia – Department of Foreign Affairs and Trade; Austrian Red Cross – ecoi.net; L'Avenir; BBC; Belgium – Commissariat général aux réfugiés et aux apatrides; La Conscience; EU – EU Agency for Asylum, European Anti-Fraud Office; Factiva; France – Office français de protection des réfugiés et apatrides; Freedom House; Human Rights Watch; Minority Rights Group International; Le Phare; La Prospérité; RDC-EVEIL; Transparency International; UK – Home Office; UN – Human Rights Council, International Organization for Migration, Refworld; US – CIA; Voice of America.

Attachment

Democratic Republic of the Congo (DRC). 2017. Sample of a voter card. Sent to the Research Directorate by the Executive Secretary of Héritiers de la justice, 2022-08-18. Translated into English by the Research Directorate.