The family of Democratic Republic of Congo refugee Pastor Daniel Ngoy Mulunda Nyanga has reported the government of President Hakainde Hichilema to the United Nations High Commission for Refugees (UNHCR) of violating international treaties for the protection of asylum seekers.
BELOW IS THE FULL COMPLAINT
COMPLAINT ADDRESSED TO THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES (UNHCR)
Subject: Complaint against the Zambian Government for violation of the fundamental rights of
Pastor Daniel Ngoy Mulunda Nyanga, a registered political refugee under the UNHCR
To the attention of: The United Nations High Commissioner for Refugees Brussels, December 18, 2024
Dear Sir or Madam,
We, the undersigned Christian Shimba Kabulo and Emmanuel Ngoy Mulunda, biological brothers of
Pastor Daniel Mulunda, acting on behalf of the family of Pastor Daniel Ngoy Mulunda Nyanga, file
this complaint to denounce a grave violation of human rights committed on December 18, 2024, by
Zambian immigration services and security authorities against Pastor Daniel Ngoy Mulunda, a
political refugee duly registered with the UNHCR and holder of all protection documents provided by
your institution.
I. Facts
On the morning of December 18, 2024, Pastor Daniel Ngoy Mulunda Nyanga, former President of
the Independent National Electoral Commission (CENI) of the Democratic Republic of Congo (2011
elections), a man of faith and a key figure in the pacification of the East and South of the DRC
between 2008 and 2010, was brutally arrested at his residence in Lusaka by Zambian immigration
services. After being taken to the immigration offices, he was reportedly transferred to the offices of anti-terrorist services according to alarming information received by his family.
II. Context
1. Political refugee status
Pastor Daniel Ngoy Mulunda has been granted political refugee status since being forced to flee the DRC due to political persecution by the regime of Mr. Félix Tshisekedi. He served three years of political imprisonment at Kasapa Prison before seeking asylum in Zambia under the protection of the UNHCR.
2. Collusion between Zambian authorities and the Congolese regime.
Since 2020, we have observed with dismay an alarming collaboration between the Kinshasa regime
and the Zambian government aimed at persecuting Congolese refugees, particularly political opponents, military officers, and civil society activists, mainly from the Katanga province. These
collaborations, often marred by corruption, have led to arbitrary arrests, enforced disappearances,
and targeted assassinations.
3. Previous violations
Several similar cases have been reported, including the arrest of Congolese political refugees
lawfully residing in Zambia. These acts constitute a flagrant violation of the fundamental principles enshrined in the Geneva Convention on the Status of Refugees, ratified by Zambia.
III. Violations reported
We denounce:
– The violation of the principle of non-refoulement, which prohibits states from returning a refugee to a country where they risk persecution, in this case, the DRC;
– The alleged complicity of Zambian authorities with the Congolese regime, which uses illegal means to suppress opposition beyond its borders;
– The endangerment of the life and physical integrity of Pastor Daniel Ngoy Mulunda, whose current
situation remains concerning.
IV. Urgent requests
– Immediate intervention by the UNHCR with the Zambian government to demand the immediate and unconditional release of Pastor Daniel Ngoy Mulunda Nyanga;
– The opening of an independent investigation into repeated abuses against Congolese refugees in
Zambia;
– Enhanced protection for Pastor Daniel Ngoy Mulunda Nyanga and all Congolese political refugees
lawfully residing in Zambia;
– Appropriate sanctions against any agent or official involved in these violations, in accordance with international humanitarian law.
We emphasize that these actions constitute a serious breach of Zambia’s international commitments
to refugee protection and undermine the credibility of institutions meant to ensure their safety.
CONCLUSION
We urge the UNHCR to act with diligence and firmness to ensure that Pastor Daniel Ngoy Mulunda
Nyanga regains his freedom and safety, and to prevent further similar violations in the future.
Silence or inaction in the face of such misconduct would be perceived as an abdication of your
responsibilities and tacit approval of practices contrary to fundamental human rights.
Awaiting your prompt response. We remain,
Yours sincerely,
For the Mulunda family;
Christian Shimba Kabulo
Emmanuel Ngoy Mulunda
President Hichilema has been accused of receiving $20 million bribes from his imposter counterpart Felix Tshisekedi so that he can handover any refugee feom the Katanga region for persecution in the DRC.
