Responses to Information Requests

Research Directorate, Immigration and Refugee Board of Canada

This Response to Information Request includes portions of the following responses: RDC41063 of March 2003, RDC40994 of April 2003, COD102456 of March 2007, COD103649 of December 2010, COD103711 of April 2011, COD104937 of August 2014, COD105556 of July 2016, COD106122 of July 2018 et COD200965 of March 2022.

1. Overview of the Congolese Passport

In correspondence with the Research Directorate in February 2023, a representative of the Centre for Human Rights and Humanitarian Law (Centre des droits de home et du droit humanitaire, CDH), a local NGO in the Democratic Republic of the Congo (DRC) (Radio Okapi 2016-01-22) stated that there have been three series of passports since 2000:

• [translation] "in 2000," non-biometric passports "that were not well protected (secure)"
• "in around 2010," semi-biometric passports
• "currently," biometric passports that are "very secure" (CDH 2023-02-14).

According to the same source, [translation] "the numbers changed for each series" mentioned above (CDH 2023-02-14). Samples of biometric, semi-biometric and non-biometric passports, sent to the Research Directorate by the CDH representative, are attached to this Response (attachments 1, 2 and 3).

According to the US Department of State's 2002 reciprocity schedule, "the Government of the [DRC] issued a new style of passport, and has declared that, effective May 31, 2000, previous versions of both DRC and Zaire passports are no longer valid" (US 2002-07-15). Referring to "many previous versions of Zaire/DRC passports still in circulation," the same source added that the Congolese government requested that "measures should be taken immediately in order to assist them in their quest to achieve a more perfect uniformity of passport issuance" (US 2002-07-15).

Congolese media report that a new biometric passport model that contains an electronic chip was officially unveiled by the DRC on 10 November 2015 (Le Potentiel 2015-11-13; Radio Okapi 2015-11-10; Congo virtuel 2015-11-10). Sources state that a new centre for the collection of personal data was also opened on that date in the offices of the Ministry of Foreign Affairs in Kinshasa (Radio Okapi 2015-11-10; Groupe l'Avenir 2015-11-11; Télé50 with ACP 2015-11-11). According to information from the EU's Public Register of Authentic Travel and Identity Documents Online (PRADO), updated 1 July 2021, 4 December 2015 is indicated as the date the [current] ordinary [also called regular] passport was [EU English version] "[f]irst issued" (EU 2021-07-01a).

Sources indicate that the passport issuance system was expected to be rolled out on 2 January 2016 across the country and at the country's embassies and chanceries abroad (Le Potentiel 2015-11-13; Congo virtuel 2015-11-10; Télé50 2015-11-11 with ACP). Sources state that the rollout was to be done [translation] "gradually" (Télé50 with ACP 2015-11-11; Le Potentiel 2015-11-13). Semlex [1] stated in January 2016 that [Semlex English version] "to assist with registration, 26 provincial centers [have been] created, and more than 60 embassies will be equipped with biometric registration stations" (Semlex 2016-01). Information on the number of provincial centres that were operating and the number of embassies that were able to offer biometric passports in January 2023 could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

However, Radio Okapi, the UN's radio station in the DRC (Radio Okapi 2015-04-08), stated in January 2016 that the sale and issuance of the first new passports began on 19 December 2015 (Radio Okapi 2016-01-08). Radio Okapi also stated in December 2015 that all passport applicants were expected to follow the new passport issuance procedure starting on 16 December 2015 (Radio Okapi 2015-12-09). According to a press release posted on its Internet site, the Embassy of the DRC in Ottawa planned to start the new data collection procedure for passport applicants as of 10 March 2016 (RDC 2016-03-07).

However, in a telephone interview with the Research Directorate in January 2023, a program manager in the DRC with the Great Lakes Region Human Rights League (Ligue des droits de la personne dans la région des Grands Lacs, LDGL), a regional NGO headquartered in Kigali that works to promote and protect human rights in Burundi, Rwanda and the DRC (LDGL n.d.), stated that the current passport started being issued in 2017 (LDGL 2023-01-10).

During a telephone interview with the Research Directorate in 2014, a representative of the Embassy of the DRC in Washington, DC stated that the [semi-]biometric passport had been mandatory in the DRC since 2009, and that it was the only valid passport; earlier passports, including those that had not yet expired, had been [translation] "cancelled" (DRC 2014-07-30). Furthermore, an operational bulletin published by Citizenship and Immigration Canada (CIC) in 2010 states the following:

The Government of the [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 2010-01-18)

The representative of the Embassy of the DRC in Washington, DC also stated that the DRC issues three types of passports (ordinary, diplomatic and service [also called duty passports]) (DRC 2014-07-30).

Information on whether the personal number is identical across all biometric passports issued to a particular holder could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2. Non-Biometric Passport (Before 2009)
2.1 Types of Passports

The information in the following four paragraphs was obtained in 5 and 7 March 2003 telephone interviews with, respectively, the Director General of the National Development Support Centre (Centre national d'appui au développement), a Congolese NGO that coordinates activities for certain Congolese civil society groups and organizations, and the president of Journalists in Danger (Journaliste en danger, JED), a Congolese NGO that defends freedom of the press:

Duty passports are issued by the Ministry of Foreign Affairs and Cooperation, Chancellery Branch. As with other types of passports (diplomatic and regular), senior officials of the ministry have signing authority (minister-counsellor, senior counsellor, etc.). Unlike regular passports, which may be issued by embassy offices abroad, duty passports are issued only in Kinshasa upon presentation of a travel order.

Unlike regular passports, for which applicants must pay administration fees, duty passports are issued free of charge to any person holding a travel order, such as a public servant going to a mission or a journalist accompanying a government delegation abroad. The travel order must be signed by the office of the presidency or by an appropriate departmental authority.

However, in very rare cases, a public servant without the diplomatic status required to obtain a diplomatic passport may, for the purpose of an extended mission outside the country, apply for a duty passport for his or her family members. The president of JED gave the example of a public servant who would have to live in Belgium for a long time because he is a representative of the Congolese government in a Brussels-based firm.

The two interviewees indicated that, even for an ordinary passport, it would be unthinkable, without taking major risks, to apply to government authorities for a passport for a person wanted by security forces (JED 2003-03-07; Centre national d'appui au développement 2003-03-05).

In correspondence dated 5 March 2007, the JED president provided the information in the following five paragraphs:

The DRC issues three types of passports: a regular passport, a duty passport and a diplomatic passport.

The regular passport is dark blue and issued to all Congolese citizens who apply for one. Since the Ministry of Foreign Affairs and International Cooperation is based in Kinshasa, Congolese citizens who want to obtain a regular passport must either go to Kinshasa themselves or authorize a friend or relative there to act on their behalf.

The duty passport is green and issued to government employees on assignment. An official travel order signed by a minister or deputy minister is required [to obtain it]. In the case of a military officer, the travel order is signed by the Minister of Defence or their deputy minister. In the case of government employees working in the office of the president of the DRC, the travel order is signed by the president's chief of staff or their assistant.

The diplomatic passport is red and issued to members of the government and their families, to government employees with the rank of minister and their families, and to diplomats and their families. The diplomatic passport is issued upon presentation of a certificate of appointment (order from the head of state).

According to the President of JED, all citizens, including those who served under former president Mobutu, can obtain a regular passport, but [translation] "the more prominent individuals and those who have problems with the government cannot easily obtain a passport" (JED 2007-03-05).

2.2 Issuing Authority

The following information was provided in a document entitled "Visa Reciprocity and Country Documents Finder," published in 2002 on the US Department of State website:

The DRC has been using a new type of passport since 31 May 2000; all previous versions are no longer valid. The "[n]ew DRC diplomatic/service passports are invalid if they are issued outside of Kinshasa, and/or have an issuance date before 25 February 2000. New DRC tourist [regular] passports may be issued by in-country DRC passport authorities in major cities as well as DRC embassies/consulates outside of the DRC" (US 2002-07-15).

According to the JED president, passports are issued by the Ministry of Foreign Affairs and International Cooperation (JED 2007-03-05).

2.3 Validity

The JED president indicated that a regular passport is valid for three years but can be extended (JED 2007-03-05).

3. Semi-Biometric Passport (from 2009 to 2015)
3.1 Types of Passports

In a telephone interview with the Research Directorate in 2014, the representative of the Embassy of the DRC in Washington, DC, 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 families, as well as to ministers and other individuals holding a high government position (DRC 2014-07-30). According to a story from the Agence congolaise de presse (ACP) on the introduction of the new [semi-]biometric passports on 1 April 2009, published on 1 April 2009 on the website Digitalcongo.net and making reference to a speech by the Minister of Foreign Affairs to foreign diplomats accredited with the DRC,

[t]he 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). (ACP 2009-04-01)

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. In addition, according to PRADO, 1 April 2009 was the date the passports were [EU English version] "[f]irst issued" for the three types of passports: the ordinary passport with a blue cover (EU 2021-07-01b), the diplomatic passport with a red cover (EU 2021-07-01c) and the service passport with a green cover (EU 2021-07-01d). Samples of the three types of passport issued in 2009 are available on the PRADO website: the ordinary passport (EU 2021-07-01b), the diplomatic passport (EU 2021-07-01c) and the service passport (EU 2021-07-01d).

3.2 Issuing Authority

According to a representative of the Embassy of the DRC in Washington, DC, the Ministry of Foreign Affairs is the sole authority for issuing Congolese biometric passports (DRC 2014-07-30). The websites of the embassies of the DRC in Washington (DRC n.d.a) and in Paris (DRC n.d.b) and of the New York-based Permanent Mission of the DRC to the UN (DRC 2010-03-02), state that the printing of biometric passports is Kinshasa's responsibility (DRC n.d.a; DRC n.d.b; DRC 2010-03-02).

3.3 Validity

According to the representatives of the embassies of the DRC in Washington, DC (DRC 2014-07-30), and Ottawa (DRC 2014-08-08), a service passport is valid for five years, as is the case for the other types of passports. Further information on the semi-biometric service passport could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

In a telephone interview with the Research Directorate on 7 March 2011, a representative of the Embassy of the DRC in Ottawa indicated that the [passport issued starting in 2009] is valid for five years and is not renewable; unlike previous passports, the [semi-biometric] passport does not include a page for passport extension (DRC 2011-03-07).

Sources from 2015 indicate that the old passport models [including semi-biometric passports] will be valid until their expiry dates (Congo virtuel 2015-11-10; Le Potentiel 2015-11-13; Radio Okapi 2015-11-10). The article from Top Congo FM explains that, in the past, when new passport models were introduced, the old models became invalid (Top Congo FM 2015-11-10). An article from Groupe l'Avenir, a group of private media companies that specialize in disseminating news in the DRC (Groupe l'Avenir n.d.), indicates that the passports still in circulation [translation] "will be replaced by chip passports as those passport holders apply for them," but adds that the validity of the passport will depend on "the [International Civil Aviation Organization (ICAO)]'s opinion," since that organization "continually reviews its requirements" (Groupe l'Avenir 2015-11-11).

However, according to a September 2017 Jeune Afrique article, citing a press release from the Ministry of Foreign Affairs, [translation] "'as of 16 October 2017, old semi-biometric Congolese passports still in circulation will no longer have legal status'" (Jeune Afrique 2017-09-16). Sources from 2017 indicate that the scheduled cancellation date for semi-biometric passports [issued before 10 November 2015 (US n.d.)] was pushed back to 14 January 2018 (Radio Okapi 2017-10-06; La Libre Afrique 2017-10-02). The Jeune Afrique article notes that, according to the Ministry of Foreign Affairs press release, [translation] "passports thus invalidated will be 'taken' from their holders at any border crossing 'in exchange for a photocopy with which they can apply for the new biometric passport'" (Jeune Afrique 2017-09-16). Information confirming the cancellation of semi-biometric passports in January 2018 could not be found among the sources consulted by the Research Directorate within the time constraints for this Response.

3.4 Content, Appearance and Security Features

According to the representative of the Embassy of the DRC in Washington, DC, although the applicant's photograph, fingerprints and signature are scanned when a biometric passport application is submitted, only the scanned photograph is in the biometric passport (DRC 2014-08-06). According to the model of the Congolese passport provided by Keesing Reference Systems (Keesing), 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 ICAO (UN 2006, part II, Art. 3).

In correspondence with the Research Directorate in July 2014, a representative of the International Organization for Migration (IOM), stationed in Kinshasa, stated that the DRC passport [in circulation in 2014] was not entirely biometric and did not comply with international standards (IOM 2014-07-30). In subsequent correspondence in August 2014, another IOM representative explained that this was because the Congolese passport did not have an image of the iris or the fingerprint of the bearer (IOM 2014-08-05). According to the same IOM representative, the DRC passport was still [translation] "machine readable" (IOM 2014-08-05).

According to Keesing, 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 (Keesing n.d.b). According to that same sample, page 31 of the DRC national passport includes the bearer's place of residence and profession (Keesing n.d.c).

In a 29 November 2010 telephone interview with the Research Directorate, a representative of the Embassy of the DRC in Ottawa provided the information set out in the following paragraph:

The notation "2ème conseiller d'ambassade" (2nd Counsellor of the Embassy) is included in Congolese passports that are no longer in circulation. This notation does not mean that the passports were issued outside the country; rather, it refers to the official of the Ministry of Foreign Affairs responsible for the Passport Branch (Service des passeports). The main difference between passports issued in the country and passports issued outside the country is found in the notation "Fait à…" (Done at…). All Congolese passports issued in the country contain the notation “Fait à Kinshasa,” while passports issued outside the country contain the notation "Fait à…," followed by the name of the city or country where they were issued. For example, the notation "Fait à Ottawa" is provided in Congolese passports issued in Canada (DRC 2010-11-29). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

4. Biometric Passport (Since 2015)
4.1 Issuing Authority

An information document posted on the website of the Embassy of the DRC in Ottawa states that the passports are printed at [translation] "headquarters" in Kinshasa (DRC n.d.c). The passport application form that accompanies the information document is provided by the Ministry of Foreign Affairs (DRC n.d.c).

In 2023, the LDGL program manager stated that passports are issued by provincial branches of the Passport Office (Centre de capture), which is a government service that reports to the Ministry of the Interior and the Ministry of Foreign Affairs (LDGL 2023-01-10). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

4.2 Validity

The 2016 press release from Semlex states that the passport that was set to start being issued in 2016 would be valid for five years (Semlex 2016-01). Similarly, in 2023, the LDGL program manager in the DRC stated that the current Congolese passport is valid for five years (LDGL 2023-01-10).

4.3 Content, Appearance and Security Features

According to the US Department of State Reciprocity Schedule for the DRC, there are three types of biometric passports in the DRC:

• Regular: the cover is navy blue and contains the word "PASSEPORT" at the bottom of the page;
• Service: the cover is forest green and contains the phrase "PASSEPORTE [sic] DE SERVICE" at the bottom of the page;
• Diplomatic: the cover is burgundy and contains the phrase "PASSEPORT DIPLOMATIQUE" at the bottom of the page (US n.d.).

The same source notes that the front cover of all DRC passports has the following features, starting from the top:

• The words "REPUBLIQUE DEMOCRATIQUE DU CONGO" printed in gold letters along the top of the front cover;
• The national emblems, in gold;
• A ribbon with the words "JUSTICE, PAIX, TRAVAIL" in gold (US n.d.).

The LDGL program manager reported that there is also a pilgrim passport that is [translation] "burgundy" in colour; it is issued to religious missionaries (LDGL 2023-01-10).

According to PRADO, the regular passport measures 125 mm by 88 mm, contains 32 pages and has a maximum validity of 5 years (EU 2021-07-01a).

Sources indicate that the Minister of Foreign Affairs explained during the launch of the new passport that the electronic chip stores [translation] "all the information about the person who holds the passport," including the date of birth, and "can be read electronically" (Le Potentiel 2015-11-13; Radio Okapi 2015-11-10). According to the Congolese Internet news site Congo virtuel, the electronic chip in the passport makes it possible to verify its authenticity using the place of issue and issuance (Congo virtuel 2015-11-10).

Sources add that the passport contains the holder's fingerprints (Le Potentiel 2015-11-13; Radio Okapi 2015-11-10; Top Congo FM 2015-11-10). According to Semlex, the fingerprints are stored in the electronic chip (Semlex 2016-01).

Sources state that the new passport is consistent with ICAO standards (Le Potentiel 2015-11-13; Télé50 with ACP 2015-11-11; Congo virtuel 2015-11-10). According to Semlex, [Semlex English version] "to [further] reinforce its security benefits, the passport will feature the latest printing techniques" (Semlex 2016-01). The fingerprints on the passport are described as [translation] "tamper-proof" (Le Potentiel 2015-11-13; Télé50 with ACP 2015-11-11). Congo virtuel states that the technical components of the passport [translation] "are verified with laser beams and ultraviolet light" (2015-11-10). PRADO also reports that the ordinary passport has security features that appear under ultraviolet light (EU 2021-07-01a).

In a telephone interview with the Research Directorate in 2014, the representative of the Embassy of the DRC in Washington, DC, stated that the biometric passport may contain the notation [translation] "2nd Counsellor of the Embassy" ("2e conseiller d'ambassade") (DRC 2014-07-30). According to the 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 their stamp, name and title (DRC 2014-07-30). Furthermore, a Le Potentiel newspaper article from 29 March 2014 states that [translation] "only the Ministry of Foreign Affairs possesses the signature and stamps to validate [the biometric passport]" (2014-03-29).

In 2023, the LDGL program manager stated that the passport security features include DRC's emblems, an electronic chip that contains the bearer's fingerprints, their identification information, a photograph of their face, and their signature (LDGL 2023-01-10). The same source also reported that there are watermarks and fluorescent shapes that appear at a certain angle or [translation] "in the dark" (LDGL 2023-01-10).

5. Requirements and Procedure to Obtain a Passport for Adults
5.1 Non-Biometric Passport (Before 2009)

The JED president indicated the following regarding the requirements for obtaining an ordinary passport:

All applications must include a duly completed passport application form, a certificate of nationality, four passport-size photographs (sometimes two are sufficient) of the applicant, and US$50; the passports are signed by ministry employees [translation] " often of counsellor of embassy rank, etc." (JED 2007-03-05).

According to the US Department of State's Country Reports on Human Rights Practices for 2006, while a transitional government was in power in the DRC [from July 2003 to 2006], no particular group was reported to be systematically barred from acquiring passports (US 2007-03-06, Sec. 2.d). The same source mentions the case of Joseph Olenghankoy, a political dissident who left the DRC after his passport was temporarily confiscated in 2005, later returned and ran for president (US 2007-03-06, sec. 2.d).

5.1.1 Fees

Regarding fees, the JED president stated in 2007 that the duty passport was free, but that to obtain one, the applicant had to be a government employee or an officer of a public corporation (JED 2007-03-05).

5.2 Semi-Biometric Passport (from 2009 to 2015)
5.2.1 Procedure in the DRC

The representative of the Embassy of the DRC in Washington, DC, provided the information in the following paragraph concerning the procedure for obtaining a passport from within the DRC:

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 (DRC 2014-08-06).

Other sources also refer to the identity check conducted by the National Intelligence Agency (Agence nationale de renseignements, ANR) (ACP 2010-08-19; La République 2010-01-15; Radio Okapi 2009-04-01).

Moreover, two sources point out the [translation] "administrative slowness" faced by the residents of Kinshasa in obtaining a biometric passport, considering the limited number of photo centres, Kinshasa having in March 2014 only one centre for a significant population (Le Potentiel 2014-03-29; Radio Okapi 2014-03-28). However, the same sources cite an announcement made on 27 March 2014 by the Chancellery and Litigation Branch (Direction de la chancellerie et des litiges) of the Ministry of Foreign Affairs, according to which three other centres would soon open in Kinshasa (Radio Okapi 2014-03-28; Le Potentiel 2014-03-29). The sources further note that, 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 Kisangani in Orientale Province (Le Potentiel 2014-03-29; Radio Okapi 2014-03-28).

5.2.2 Procedure from Abroad

In a telephone interview with the Research Directorate in 2014, the representative of the Embassy of the DRC in Washington, DC, stated that each embassy has its own procedures for passport applications (DRC 2014-07-30).

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 now 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:

1. A copy of the first three pages of the former Congolese passport
2. A photocopy of the birth attestation or certificate
3. A copy of the Canadian resident card, work permit or study permit. (These documents must be valid and issued by Immigration Canada.)
4. Four passport photographs
5. 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.d)

The website of the Permanent Mission of the DRC to the UN provides the following information concerning the process and conditions for residents of the US 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.

Documents to provide:

• 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 licence;
• a money order of $250 payable to the Permanent Mission of the DRC to the United Nations. (DRC 2010-03-02)

5.2.3 Fees

According to the representative of the Embassy of the DRC in Washington, DC, the service passport is free and revocable if the bearer ceases to occupy the position (DRC 2014-08-05). 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.

5.3 Biometric Passport (Since 2015)

According to US Country Reports 2021, the issuance of passports was "irregular" in 2021 owing to "inadequate administrative systems" (US 2022-04-12, 30).

5.3.1 Procedure Within the DRC

According to the US Reciprocity Schedule, the procedure for obtaining a passport is as follows:

• File the application with the [ANR office]. Case file should contain a Police Certificate, 2 passport size pictures, proof of identity (National ID or old passport) and proof of nationality (Birth Certificate or Nationality Certificate);
• Pay the fees at the indicated bank;
• Get photo and fingerprints captured at the Ministry of Foreign Affairs. (US n.d.)

In a note to its clients published in January 2016, the Trust Merchant Bank (TMB), a commercial bank in the DRC, announced a [translation] "new passport application service at TMB" and states that

passport application forms are now available from TMB. This service is open to everyone, TMB client or nonclient alike.

Passport application forms may now be acquired at the following TMB branches:

TMB Kinshasa: Place du Marché, Victoire, Limete 7ème rue, UPN, Memling, Grand Hôtel and Boulevard

• TMB Lubumbashi: Lumumba branch
• TMB Bunia
• TMB Bukavu
• TMB Kananga
• TMB Kisangani
• TMB Kindu
• TMB Mbuji-Mayi

Forms cost USD 185.00. Once that amount is deposited, you provide our agent with a copy of the deposit slip (Bordereau de Versement Espèces, BVE) and your identity card, you sign the purchase document in the form and thus obtain the blank form.

Then, without the bank's intervention, you carefully complete your form; you go to the ANR for fingerprints, then to the Ministry of Foreign Affairs (or the provincial branch office) to have your photograph taken. The Ministry should issue your passport 48 hours after the photograph is taken. (TMB 2016-01-29)

Other sources also indicate that the fee for obtaining a new passport is US$185 (US n.d.; ACP 2017-11-17). The ACP reports that the cost for replacing an old passport is US$100 (2017-11-17). According to the Reciprocity Schedule, the wait time is approximately one week to receive the passport (US n.d.). The ACP states that, for applicants in Kinshasa, the wait time for receiving their passport [translation] "cannot exceed four clear days" whereas for applicants "outside the capital," the wait time is 14 "clear days" (2017-11-17).

However, Radio Okapi notes, in an article published in 2017, that passport applicants [translation] "are forced to bribe government officials" in order to obtain their document more quickly (2017-12-11). The same source adds that a network within the administration of the Ministry of Foreign Affairs [translation] "delays or accelerates the issuance of passports depending on the amount of the bribe an applicant is willing or unwilling to pay" (Radio Okapi 2017-12-11). Similarly, US Country Reports 2021 indicates that officials accept bribes to expedite passport issuance (US 2022-04-12, 30).

US Country Reports 2017 states that there were "credible reports that the government refused to issue new passports to civil society activists and opposition members critical of the government" (US 2018-04-20, 29–30). Similarly, Actualite.cd, a Congolese news site [translation] "specializing in political, security and economic news," states that, according to a news release by the NGO La voix des sans voix pour les droits de l'homme (VSV), [translation] "[a] number" of activists and opponents are reportedly on a blacklist preventing them from obtaining a biometric passport (Actualite.cd 2017-11-11). The same source reports that, according to the news release, the President of the Association congolaise pour l'accès à la justice (ACAJ) was not able to obtain his biometric passport [translation] "on the grounds that his name was on a list of Congolese figures who are not allowed to obtain a biometric passport" (Actualite.cd 2017-11-11).

The Congo virtuel portal provides the following information about the passport application procedure:

• Fees are paid at the counter, where a receipt is given to the applicant;
• Identification form is completed;
• Photograph is taken and fingerprints of all ten fingers are captured electronically;
• Applicant's personal information is stored in the database;
• Validity of the personal information is verified;
• Passport is printed and issued to the applicant (2015-11-10).

Information on the documents to be provided with a passport application in the DRC was scarce among the sources consulted by the Research Directorate within the time constraints of this Response. However, the Congolese news Internet site KongoTimes! indicates that [translation] "those who do not have a voter card are obliged to obtain a certificate of Congolese nationality before obtaining a criminal record excerpt to prove that they are not wanted by the law" (2016-01-26).

Sources report that it is possible to produce a passport within 15 minutes after the applicant's personal information is collected (Groupe l'Avenir 2015-11-11; Congo virtuel 2015-11-10). According to sources, Semlex is able to produce 1,000 passports per day (Groupe l'Avenir 2015-11-11; Télé50 with ACP 2015-11-11).

However, media articles published in 2016 report that the process of obtaining a passport is hindered by delays and difficulties (Waza 2016-03-24; KongoTimes! 2016-01-26). According to KongoTimes!, [translation] "you need to show up early in the morning to get a good spot [in] line to be among the first to fill out the forms and have a photo [taken]" (2016-01-26). In an article describing his efforts to obtain a new passport in Butembo, in the province of North Kivu, an independent journalist who published his article on Waza [2] states that it is more difficult to obtain a passport in the province; the journalist explains that, since there is no data collection centre in Butembo, the authorities sent a temporary mobile collection centre that stayed there for only one week (Waza 2016-03-24). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

In 2023, the LDGL program manager reported that the process for obtaining a passport for an adult applicant is as follows:

• Pay the required fees (US$165: US$90 for the basic fee, plus US$75 in additional fees) at one of the designated banks and obtain a slip used to obtain an application form;
• Obtain an application form from the Central Bank of Congo (Banque centrale du Congo) and, once duly completed, attach it to the other required documents for the application file;
• Report to the ANR for fingerprinting and identity verification and for the file to be signed by the Director of the Intelligence Service; and
• Report to the passport office to have a photograph taken and to submit the file (LDGL 2023-01-10).

The same source also stated that the documents required for obtaining an ordinary passport are

• proof of identity (copy of previous passport or voter card);
• copy of criminal record extract;
• proof of nationality (birth or nationality certificate); and
• four passport-size photographs (LDGL 2023-01-10).

According to the same source, a person will have to wait [translation] "a maximum" of two weeks from the application date for the passport to be available; in this case, the applicant is informed by email or by telephone to pick it up at the passport office (LDGL 2023-01-10).

In follow-up correspondence, the CDH representative stated that obtaining a passport through a domestic process requires:

• a voter card;
• proof from the Bank of passport purchase transfer; and
• an identification form completed at the ANR (CDH 2023-02-17).

For information on the procedure for obtaining a service passport, including information on mission orders, see Response to Information Request COD200824 of November 2021.

5.3.2 Procedure from Outside the Country

According to the US Reciprocity Schedule, DRC citizens living overseas may apply for a passport at the nearest DRC embassy (US n.d.). The same source states that the wait time can be longer than one week and the cost can be higher due to mailing charges that may apply (US n.d.). The ACP notes that the wait time to receive a passport must not exceed 28 [translation] "clear days" when the applicant resides outside the country (2017-11-17).

According to a document on the website of the Embassy of the DRC in Ottawa, those applying for a [translation] "new" [biometric] passport must present the following documents at the "documentation appointment":

• Proof of Congolese nationality (previous expired Congolese passport, previous Zairian passport or a certificate of nationality issued by the DRC Ministry of Justice and Human Rights);
• A document of legal residence in Canada (permanent resident card, work permit, study permit or "any other document issued by Immigration Canada");
• Four passport-size photographs less than 6 months old;
• Completed application form;
• Cash payment to cover passport fees (DRC n.d.c).

A Ministry of Foreign Affairs form included with the document states that the original copy and a photocopy of an [translation] “[a]ttestation in lieu of a nationality certificate” and a photocopy of an identity card must be included with the passport application (DRC n.d.c).

The CDH representative stated that obtaining a Congolese passport from abroad requires a residence card [for the country of residence] and a [Congolese] nationality certificate (CDH 2023-02-17).

5.3.3 Fees

According to US Country Reports 2021, in 2021 the price for "fully biometric passports varied widely" (US 2022-04-12, 30).

Some sources report that, taking into account associated fees that have to be paid as part of the passport acquisition process, the total cost could be as high as around US$300 (Waza 2016-03-24; KongoTimes! 2016-01-26). According to the article from KongoTimes!, [translation] "at each step of the process, the applicant is required to pay more than the official rate" (KongoTimes! 2016-01-26). According to the independent journalist, the spokesperson for the mayor of Butembo reportedly stated that the passport issuance fees in that region were set [translation] "'by consensus between the local team and the officials from the Ministry of Foreign Affairs'" (Waza 2016-03-24). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The LDGL program manager stated in 2023 that ordinary and pilgrim passports officially cost US$90 for adult applicants, but the [translation] "actual" cost, when additional costs are included, is approximately US$165 (LDGL 2023-01-10). According to the same source, these additional fees include the following:

• Formalities to complete with security services for criminal records or identification;
• Payment to the commune for certain procedures;
• Fees for passport photographs to attach to the application file; and
• Payment for fingerprinting and fees that may be requested at the passport office for certain advantages, such as an expedited process (LDGL 2023-01-10).

The same source also stated that only ordinary and pilgrim passports require payment; diplomatic and service passports are issued to their bearers free of charge (LDGL 2023-01-10).

6. Requirements and Procedure for Obtaining Passports for Minors

The LDGL program manager indicated that the process for applying for and issuing Congolese passports to minors is as follows:

• Pay the application fees and obtain a slip from the banking institution that handled the transaction to attach to the file.
• Gather the required documents:
  
  • the child's birth certificate or attestation of birth, if there is no certificate;
  • two passport photographs;
  • parental permission;
  • copies of both parents' identity documents (voter card or passport); and
  • the application form purchased from the Central Bank.
• Have all these documents authenticated and notarized by a notary.
• Have all these documents signed by the Director of the Intelligence Service.
• Go to the passport office to have the child's photograph taken and to submit the application file (LDGL 2023-01-10).

The CDH representative similarly stated that obtaining a Congolese passport for a minor requires an attestation of birth and parental permission (CDH 2023-02-17).

7. Passport-Related Fraud and Corruption
7.1 Non-Biometric Passport (Before 2009)

The JED president stated in 5 March 2007 correspondence that the requirements for obtaining a regular passport are merely [translation] "theoretical." According to him,

[translation]

[i]n practice, you complete a regular passport application form (a friend or a government employee can even do it for you and sign it). You provide two photographs and US$150 or US$200. The officer at the Ministry of Foreign Affairs puts US$50 in the government's coffers and pockets the difference, which he shares with his bosses who sign the passport. At that price, you get your passport in one or two days at most. It is not necessary to go in person. (JED 2007-03-05)

Similarly, the report from a joint mission to the DRC in May 2004 by the Belgian Commissioner General's Office for Refugees and Stateless Persons (Commissariat général aux réfugiés et aux apatrides, CGRA), the French Office for the Protection of Refugees and Stateless Persons (Office français de protection des réfugiés et apatrides, OFPRA) and the Swiss Federal Office for Refugees (Office fédéral des réfugiés, ODR) indicates that Congolese passports are obtained, in most cases, through corruption and that the official procedures with the Ministry of Foreign Affairs are [translation] "often circumvented" (Projet ARGO 2004-07, 1, 4). More specifically, the report explains that

[translation]

a person simply has to go to the ministry with four photographs and approximately 150 dollars to obtain a passport in whatever name the person wants. With more money, one can also obtain a few extra stamps. A fake [passport] enables one to obtain an authentic passport (the same goes for diplomatic passports). The authenticity of a passport does not reflect reality, in the sense that a person can obtain an authentic document but have someone else's photograph or a fake name inserted. (Projet ARGO 2004-07, 4)

In addition, US Country Reports 2006 indicates that, in the DRC, passport issuance in 2006 was "irregular and often required payment of significant bribes" (US 2007-03-06, Sec. 2.d).

7.2 Biometric Passport (Since 2015)

In 2023, the LDGL program manager stated that there are no cases of fraud involving Congolese passports, but there are [translation] "many" cases of corruption where applicants are made, particularly by passport office employees, to pay for certain services that are supposed to be free (LDGL 2023-01-10). According to the same source, forgers are not yet able to falsify the passport, and [translation] "all" copies in circulation [as of January 2023] were produced and issued by the passport office (LDGL 2023-01-10). Similarly, in correspondence with the Research Directorate in 2022, the Executive Secretary of the Congolese League Against Corruption (Ligue congolaise de lutte contre la corruption, LICOCO), an NGO focused on combatting and raising awareness of issues of corruption and impunity in the DRC, stated that passports have a [translation] "very low" prevalence of fraud (LICOCO 2022-03-07). In contrast, in correspondence with the Research Directorate in 2022, the CDH representative included passports on a list of fraudulent documents with a [translation] "high incidence" (CDH 2022-02-18).

According to an article by Bulawayo24, a Zimbabwean "online news service" (Bulawayo24 n.d.), a DRC man was "fined" for "forging a passport" after he was "arrested at the border" while travelling from South Africa to the DRC (2021-05-28). The same source adds that the man's passport number was deemed to have been "'altered'" and "forged," but the man claimed he was "not aware" that the passport had been "tampered with" (Bulawayo24 2021-05-28). The article also states that the man "pleaded guilty to unlawfully possessing and making use of any permit or travel document issued to another" (Bulawayo24 2021-05-28).

The LDGL program manager reported that it is possible, particularly with the complicity of [translation] "dishonest" officials of the Independent National Electoral Commission (Commission électorale nationale indépendante, CENI) and/or the ANR, to obtain a passport using a false or fraudulently obtained voter card (LDGL 2023-01-10). 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.

Notes

[1] Sources from 2015 and 2016 report that the new passport issuance system was implemented by the Belgian company Semlex (Semlex 2016-01; Le Potentiel 2015-11-13; Groupe l'Avenir 2015-11-11). In a press release posted on its website, Semlex states that it is providing the DRC with [Semlex English version] "a complete solution, which includes the creation of a national identification database along with staff training to maintain the system" (Semlex 2016-01).

[2] Waza is a platform that publishes [Waza English version] "independent journalistic content from a network of correspondents across Africa" with "an editorial team headquartered in the Netherlands," which focuses in particular on issues related to freedom of expression, governance and human rights in sub-Saharan Africa (Waza n.d.).

References

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Additional Sources Consulted

Oral sources: Association congolaise pour l'accès à la justice; attorney and law faculty instructor at a Congolese university; Avocats sans frontières; Barreau de Mbandaka; Barreau du Nord-Kivu; Centre national d'appui au développement et à la participation populaire; Collectif des organisations des jeunes solidaires du Congo-Kinshasa; Comité des observateurs des droits de l'homme; Democratic Republic of the Congo – embassy in London, embassy in Lusaka, embassy in Paris, embassy for Benelux, Ministry of Foreign Affairs; Dynamique des femmes juristes; Human Rescue DRC; Initiatives pour la paix et les droits humains; Keesing Reference Systems; Kivu Rise; law firms in the Democratic Republic of the Congo (4); Ligue congolaise de lutte contre la corruption; Ligue pour la paix et les droits de l'homme; Ligue pour la paix, les droits de l'homme et la justice; Toges noires; La Voix des sans-voix.

Internet sites, including: Afrik.com; Afrique Rédaction; Agence d'information d'Afrique centrale; AllAfrica; Amnesty International; Australia – Department of Foreign Affairs and Trade; Austrian Red Cross – ecoi.net; BBC; Canada – Global Affairs Canada; La Conscience; Democratic Republic of the Congo – embassy in London, embassy for Benelux and the EU, consulate in Antwerp, Ministry of the Interior, Primature; Digitalcongo.net; Droitcongolais.info; EdisonTD; European Research Council; EU – EU Agency for Asylum, European Anti-Fraud Office; Factiva; Fédération internationale pour les droits humains; Le Figaro; France – Office français de protection des réfugiés et apatrides; Freedom House; Human Rights Watch; Infosud-Tribune des droits humains; International Crisis Group; Internationale de l'éducation; JournaldeKin.com; Legalnet.cd; Migration News; Migrants outre-mer; Le Millénaire; Minorities at Risk Project; Minority Rights Group International; Norwegian Refugee Council; Organisation de la presse africaine; Organisation internationale de la francophonie; Organisation suisse d'aide aux réfugiés; Panapress; Le Phare; Radio France internationale; Syfia Grands Lacs; Top Africa Magazine; Transparency International; Virunga Mountains Observer; Voice of Congo; UK – Home Office, Immigration and Nationality Directorate; UN – Human Rights Council, Security Council, HCR, UNDP, Refworld, ReliefWeb; UNICEF; US – CIA, US Committee for Refugees and Immigrants.

Attachments

1. Democratic Republic of the Congo (DRC). 2021. Sample of a biometric passport. Sent to the Research Directorate by the representative of the Centre for Human Rights and Humanitarian Law (CDH), 2023-02-16.
2. Democratic Republic of the Congo (DRC). 2016. Sample of a semi-biometric passport. Sent to the Research Directorate by the representative of the Centre for Human Rights and Humanitarian Law (CDH), 2023-02-15.
3. Democratic Republic of the Congo (DRC). 2007. Sample of a non-biometric passport. Sent to the Research Directorate by the representative of the Centre for Human Rights and Humanitarian Law (CDH), 2023-02-16.