Legal History from 1960 to 1981 and Its Impact on Kivu Conflicts
The question of Banyarwanda nationality in the Democratic Republic of Congo (DRC) remains one of the most sensitive and complex issues in Congolese history. It has fueled political tensions, ethnic conflicts, and contributed to the deadly wars in eastern DRC. This article examines the evolving legal status of the Banyarwanda — indigenous, transplanted (1930–1950), and 1959 refugees — through key laws and constitutions between 1960 and 1981.
Banyarwanda Categories in 1960
At independence, the Banyarwanda in eastern Congo fell into three distinct groups:
- Indigenous Banyarwanda (autochtones): Considered Congolese by origin, like other native tribes.
- Transplanted Banyarwanda (1930–1950): Brought by Belgian colonial authorities for labor. The March 23, 1960 Electoral Law granted them voting rights, implicitly recognizing Congolese nationality.
- 1959 Refugees: Rwandan political refugees who retained Rwandan nationality under international refugee law.
The 1964 Luluabourg Constitution: Loss of Nationality
The Constitution of Luluabourg, adopted by referendum on July 10, 1964 and promulgated on August 1, 1964, defined Congolese nationality strictly:
“There is only one Congolese nationality. It is granted, as of June 30, 1960, to any person one of whose ancestors is or was a member of a tribe or part of a tribe established on the territory of the Congo before October 18, 1908.”
This provision confirmed nationality for indigenous Banyarwanda but stripped Congolese nationality from the transplanted group (and their descendants) — affecting over 100,000 people. Many candidates from Masisi were disqualified in the 1965 elections as a direct result. The move created immediate political tension in Kivu.
Mobutu’s Attempts to Resolve the Issue (1971–1972)
After seizing power in November 1965, President Mobutu Sese Seko addressed the problem.
In Ordinance-Law 71/002 of March 28, 1971, he restored Congolese nationality to the transplanted Banyarwanda and even extended it to the 1959 refugees.
However, facing strong opposition from Kivu communities who viewed themselves as the true natives, Mobutu backtracked with Law 72/002 of January 5, 1972. This law limited Congolese (Zairian) nationality to those of Rwandan-Urundian origin established in Kivu before January 1, 1950. It effectively excluded the 1959 refugees while confirming nationality for the transplanted group.
This law became known as the “Bisengimana Law” due to the strong influence of Barthélemy Bisengimana, a 1959 Rwandan refugee who had become Mobutu’s powerful Director of Cabinet.
The 1981 Reversal: Nationality Stripped Again
In June 1981, the Legislative Council passed Law 81/002, which repealed the 1972 provision. It set an even stricter cutoff date — requiring an ancestor present in Congo by August 1, 1885.
This decision once again revoked Zairian nationality from the transplanted Banyarwanda, rendering many stateless in violation of the 1961 New York Convention on the Reduction of Statelessness. The law was widely seen as disregarding acquired rights.
Some radical voices in Kivu interpreted the law broadly, questioning the nationality of all Banyarwanda, including indigenous groups.
Political Fallout and the Road to War
The repeated changes in nationality laws created deep confusion and resentment. During the Sovereign National Conference (CNS) in the early 1990s, several prominent Banyarwanda figures were excluded on grounds of “doubtful nationality.”
In 1994, during the validation of mandates for the Haut Conseil de la République – Parlement de Transition (HCR-PT), several Banyarwanda candidates were rejected, though the Supreme Court later confirmed the nationality of some.
These unresolved tensions contributed directly to the Three Wars of Kivu:
- First War (1993–1994): Autochthonous tribes vs. Banyarwanda (Hutu and Tutsi).
- Second War (1994–1996): Involved Hutu forces reinforced by Rwandan génocidaires and ex-FAR after the 1994 genocide.
- Third War (1996–1997): Led to the overthrow of Mobutu and the rise of Laurent-Désiré Kabila, becoming a major regional conflict.
Conclusion
The legal status of the Banyarwanda in the DRC has been shaped by shifting political interests rather than consistent principles. From recognition in 1960, withdrawal in 1964, restoration in 1972, and revocation in 1981, these changes turned a manageable issue into a major driver of instability in eastern Congo.
Understanding this history is essential to addressing current citizenship and identity challenges in the Kivu provinces.
Written by: Thomas Luhaka Losendjola
Former President of the National Assembly, Former Deputy Prime Minister, Lawyer, and Independent Researcher
Sources include historical records, the Constitution of Luluabourg, Mobutu-era laws, and works such as Prof. Isidore Ndaywel’s “Histoire générale du Congo”.
What are your thoughts? Should nationality laws be based strictly on ancestry and historical presence, or on long-term residence and integration? Share your views in the comments.
