Two days after their arrival in the Democratic Republic of the Congo, migrants deported from the United States continue to raise questions regarding the legal basis of the agreement and the status of the individuals concerned.
Fifteen migrants of Peruvian, Colombian, and Ecuadorian nationalities, were transferred this week to Kinshasa. However, questions remain about who they are and under what legal status they were sent. Legal experts argue that the lack of clarity on their situation could already constitute a violation of their rights.
“This project raises a real legal issue because these individuals were apprehended in the United States as asylum seekers, but their asylum claims had not yet been examined, and they are being transferred to the DRC. International law prohibits this. That is why we say it is illegal. Their asylum claims must first be processed, and their status in the DRC must be clarified. In the DRC, they have committed no offense and therefore cannot be detained. There is no cooperation agreement between the United States and the DRC allowing individuals who have violated U.S. laws to be tried or serve sentences in the DRC. All these issues remain legally unclear, and the government must provide clarification so that these individuals can defend their rights,” explained Maître Hubert Tshiswaka, Director of the Human Rights Research Institute.
“A very bad precedent”
The opposition coalition Lamuka has also rejected the agreement with the United States. According to its spokesperson, Prince Epenge, these initial deportations to the DRC set a dangerous precedent.
“These migrants never chose the Congo as their final destination. They chose the United States, which they considered a country meant to protect them. By accepting these deportations to Congo, Félix Tshisekedi, President of the Democratic Republic of the Congo, will be responsible for violating the 1951 Geneva Convention on the protection of refugees. This is a very bad precedent because tomorrow Belgium could also decide to deport all Congolese, as Félix Tshisekedi is sending a very bad message to the world that other countries may also expel Congolese citizens abroad,” said Prince Epenge of the opposition coalition Lamuka.
For several legal experts, the lack of clarity surrounding the situation of these deported migrants could already amount to a violation of their fundamental rights. Civil society is denouncing opacity in the case, while the opposition is increasing pressure, notably through Christian Mwando, member of the Ensemble pour la République party and head of the opposition group in the National Assembly.
“We do not know either the number or the legal status of these individuals. We cannot assess what benefits the country has gained from this. It appears that the government is selling off the sovereignty of the Democratic Republic of the Congo in complete opacity. The parliamentary group Ensemble pour la République has requested that the Minister of Foreign Affairs be summoned to explain the content and nature of the agreement with the United States,” he said.
“To this day, nothing has been done. The National Assembly has become a mere echo chamber of the executive, showing total disregard for parliamentary initiatives. We will continue the process. The actions being taken are serious and unacceptable, and as members of parliament, it is our duty to block any attempt to confiscate popular sovereignty,” Christian Mwando added.
