Has the State of Siege Improved Security in the Eastern DRC?

A hearing in progress before the military court in Uvira (South Kivu) on May 16, 2021. (Photo MONUSCO/Justice Support Section, Bukavu).

By Pierre Boisselet, Coordinator of the Kivu Security Tracker.

Despite what the Congolese authorities announced, there have been few military operations since the onset of the state of siege, and civilian security has deteriorated in North Kivu and Ituri provinces.

Regaining control of National Road 27, of the Mbau-Kamango trunk road, “freeing” of various localities in the territories of Djugu and Irumu from the clutches of armed groups, “neutralization” of the members of the Allied Democratic Forces (ADF) or their associates… Based on official statements, you might think that multiple victorious offensives had been launched by the army since the start of the siege on May 6, and that the security situation is about to come under control.

Data collected by the Kivu Security Tracker (KST) however, portray a different picture of the situation. Since the state of siege was decreed by President Félix Tshisekedi on April 30, civilian security as a whole has, in fact, gotten worse in North Kivu and Ituri provinces. KST has recorded the deaths of at least 223 people there in May, compared with 198 in April.

Number of civilians killed in the provinces of North Kivu and Ituri in April and May 2021

The killings in Boga and Tchabi, in Irumu territory, which led to 55 civilian deaths, during the night of May 30 to 31 (the deadliest day ever recorded by KST), were largely responsible for this upswing. However, from one month to the next, the death toll also increased in Beni territory (74 civilians killed in May, compared with 47 in April) and in Mambasa territory (35 civilians killed in May, compared with 3 in April).

It is also difficult to detect a genuine uptick in FARDC activity in the same period. KST logged 29 clashes involving the FARDC in May, compared with 26 in April. No head of an armed group identified by KST has been killed or arrested by the FARDC or the Police – a Mai-Mai head, Jackson Muhukambuto, was arrested on June 8, 2021, but by the Congolese Institute for the Conservation of Nature (ICCN).

Highly-localized Progress 

So what about the government’s recent announcements? At the start of June 2021, for example, Kinshasa announced the pacification of the Mbau-Kamango trunk road, in the territory of Beni. Yet the reopening of this trunk road had already been announced in September 2020 by the then minister of defense, and no incident had been recorded on this road by KST in 2021. It seems improbable for the state of siege to take credit for this…

However, there have been FARDC announcements that have resulted in concrete action in the field. The Congolese army, for instance, has retaken all of National Road 27, which links Bunia to Uganda. At least ten members of the Codeco-URDPC group, which was occupying various localities along this road, have been killed. Since then, this group has largely left this road and incidents have fallen drastically.

The FARDC also retook the town of Nyakunde, close to Marabo (Irumu territory) and several surrounding villages from the Chini ya Kilima-FPIC. Eleven militia members were killed and fourteen arrested. However, it remains difficult to know whether this offensive is genuinely linked to the state of siege: it started on May 2, that is, after the measure was announced, but before it came into force. This offensive took place at a heavy cost for civilians, as we will learn below.

Lastly, although some ten ADF members were effectively killed close to Halungupa (Beni territory) on May 9, the FARDC lost at least as many men on the days following. Above all, it has not brought the number of killings perpetrated by the ADF under control. Quite the contrary: KST recorded the deaths of 98 civilians in attacks attributed to this group in May, that is, nearly twice that of April (53).

Number of civilians killed by the ADF in April and May 2021

Additionally, a series of killings were perpetrated close to Biakato, in Mambasa territory, an area in which the ADF have never been present until now. They therefore appear to be pursuing retaliation against civilians and growing their area of operations – a process ongoing since the start of the large-scale operations against them, launched in October 2019.

Locations of the killings perpetrated by the ADF in April (to the left) and May (to the right) 2021

As concerns extra-operational measures, the FARDC announced that they had arrested three soldiers, suspected of links with the ADF, even if they refused from providing any details. Regional intelligence service coordination efforts were continued, with the organization of a workshop in Goma at the start of May, even if this was in all likelihood scheduled well before the state of siege announcement. This kind of measure may well have a positive impact in the long term. However, in the absence of more details on their substance, it is difficult to evaluate it. Their possible effects are in all cases not visible for the time being.

Persistent Absence of Joint Planning

Nor has the attitude of the UN Mission to the DRC (MONUSCO), the target of protests in North Kivu in April, radically changed on the ground. It carried out an aerial bombardment of an ADF base on May 14, which had not occurred for several years. However, according to several UN sources, this operation had been planned before the state of siege decree.

MONUSCO remains committed to reforming its Force Intervention Brigade (FIB), by creating four “Quick Reaction Forces” of 150 blue helmets each, comprising Kenyan, Nepalese, South African, and Tanzanian troops, who would be capable of more rapid interventions. The Tanzanian faction is already operational but the new units will only be fully operational in August.

Above all, in the persistent absence of joint planning of operations – an absence which remains to this day unaltered by the state of siege – no truly joint MONUSCO-FARDC operation is possible, nor is any large-scale unilateral operation by the blue helmets planned. MONUSCO appears for the time being therefore, limited to reacting to attacks by armed groups in the best of cases. Regardless, KST has not recorded any FIB-initiated clashes with the ADF since 2018.

Lastly, problems relating to the absence of a working disarmament, demobilization and reintegration (DDR) program remained. Several former members of the NDC/R Bwira group, stationed in Rumangabo (Rutshuru territory), looted the neighboring village of Kayenzi to find food four days after the visit of the military governor of the province, Constant Ndima Kongba.

Uptick in FARDC Abuses

Concomitantly, there has been a marked uptick in the number of civilians killed in incidents involving the FARDC: 32 cases were recorded in May, compared with 17 in April. Several particularly serious incidents occurred in Ituri. After the FARDC retook the town of Nyakunde, they killed seven civilians during combing operations in the village of Nongo on May 2 and eight civilians in the villages of Banikasowa, Ndenge I and II on May 15. In their statement, the FARDC claimed that all of those killed on May 15 were militia members. However, the presence of women and children among the victims, witnessed by several sources, lends little credence to this statement. Beyond the abuses themselves, this type of violence can have a lasting adverse effect on the population’s confidence in the FARDC, a much-needed ingredient of success for any counter-insurgency operation. Many of the area’s inhabitants fled the area following the onset of operations.

A woman was also killed after refusing the advances of a soldier in Nizi (Djugu territory) on May 16, a civilian was killed after having been taken by a militia in Djaiba on May 16 and a civilian was killed during a raid by the FARDC against the mine at Malindi-Buo (Mambasa territory) on May 20.

As the problems relating to respect for human rights are longstanding, and as the operations against the Chini ya Kilima-FPIC started before the entry into force of the state of siege, it is difficult to certify that these new abuses are linked to this measure. However, it cannot be excluded that at least some of the incidents are related to a sentiment of heightened impunity on the part of some members of the FARDC following the state of siege announcement.

Beyond the military impact, the state of siege also has—perhaps above all— psychological, legal and political effects, which are likely to impact dynamics of violence in the long term.

These have enabled the FARDC to take control of local entities’ civil institutions (the provinces since May 6, but also of towns and territories since May 26). And the many statements by the new governor of North Kivu on the state of finances and revenue generation in his province may suggest that the control of the related financial resources is a matter of particular concern for the new authorities.

At the national level, the state of siege and the resulting security and military issues are hardly debated in parliament. At the national assembly, this measure–which still lacks a legal framework–was extended for two weeks at the request of the government. 334 MPs officially voted for the measure, with hardly any debate. President Félix Tshisekedi now plans to pass an authorization law to allow him to renew the measure without consulting parliament, according to reports of one of his discussions with senators, which would limit any regular assessment.

This situation could also be used by the government to adopt unpopular measures. This is specifically the case of military cooperation agreements that President Félix Tshisekedi has long wished for but whose implementation has always been thwarted by lack of political support.

Thus, the DRC and Uganda have signed an agreement to “stabilize” the east of the DRC according to the Ugandan government. However, this has not been made public, and nothing has been submitted to parliament, as the Constitution demands (in French) for this type of agreement. Discussions with Rwanda, which have been ongoing for several months, have continued. But “it has become practically impossible to publicly demand respect for the Constitution on such subjects,” explained a member of parliament anonymously. “The president’s followers would accuse us of being traitors to the nation.” In the absence of transparency on these agreements, it is difficult to assess their possible consequences. However, in the past, some foreign army operations on Congolese soil have led to human rights violations without long term solutions.

Unanimity on the state of siege has somewhat faltered since the Boga and Tchabi killings, during the night of May 30 to 31. Following this incident, the military governor of Ituri province was forced to recognize that until then he had essentially been focused on “assessing the situation” and the “implementation of all the teams.”

On June 1st, the Minister of Defense, Gilbert Kabanda, stated that the situation would be different within two weeks, after the government had “moved some men” and unblocked further resources. It has not, however, specified a budget or a timetable.

Is the “State of Siege” a Step in the Right Direction?

Group of FARDC soldiers, on April 19, 2011, in North Kivu (Sasha Lezhnev/Enoughproject.org)

By Pierre Boisselet, Coordinator of the Kivu Security Tracker.

President Félix Tshisekedi has decreed a “state of siege” for one month, which will place the military and police in charge of the provinces of Ituri and North Kivu. Purely military approaches, however, have until now failed. But what should be done to restore peace to eastern DRC?

We now know more about the “state of siege”. Starting on May 6, and lasting initially for 30 days, the civil authorities of both provinces have been replaced by the military and the police. This includes the governors and vice-governors. Provincial government, provincial assemblies, local authorities and civil courts, have been suspended. The military has also been given special powers: including the power to prohibit or prevent publications, gatherings and even the presence of people they consider to be harmful to their actions. According to a UN source, these measures were taken without consulting the United Nations Organization Stabilization Mission in the DRC (MONUSCO).

The head of state has appointed two lieutenant generals to lead the provinces affected by the state of siege: Johnny Nkashama Luboya for Ituri and Constant Kongba Ndima for North Kivu. Like many FARDC officers, both have been involved in rebellions in the past. Johnny Nkashama Luboya was the head of military intelligence for the Congolese Rally for Democracy (RCD) at the start of the 2000s. His latest post was that of FARDC Commander of the First Zone of Defense. Constant Kongba Ndima was also known as the “board wiper”, in reference to the particularly violent operation led by the Movement for the Liberation of Congo (MLC) in Ituri at the beginning of the 2000s. At the time he was a general in that rebellion. His previous post in the FARDC was that of Deputy Commander of the General Staff in charge of administration and logistics.

There remain some areas of uncertainty in this measure. Dozens of FARDC officers are still to be appointed. However, the logic is relatively clear: to give full authority to the Congolese army in these provinces. The message is just as clear: President Félix Tshisekedi is aware of the deterioration of the situation and wishes to wipe out the armed groups in the east. This is an extremely ambitious program, therefore, for a measure also described as time-bound.

It is perfectly true that the situation is becoming worse for civilians in eastern DRC. This trend is very clear from the data collected by the Kivu Security Tracker (KST) on the provinces of North and South Kivu. In 2018, KST recorded 914 civilian deaths caused by armed actors. In 2019, this toll had risen to 1070. In 2020, it was 1569. And 2021 has started more or less on the same trajectory as 2020.

Number of civilians killed by armed actors per year in the Kivus since 2018

From this viewpoint, Félix Tshisekedi’s determination is understandable. He has made restoring peace in the east a central element of his communication both during his 2018 electoral campaign and since the start of his presidency. The head of state’s focus on this issue is, in itself, a good thing: Congolese and International political leaders often neglect the problems which plague eastern DRC.

This measure is also a response to very serious concern among public opinion. According to a poll (to be published) by the Congo Research Group (CRG) and the Bureau d’Études, de Recherches, et Consulting International (BERCI), carried out on March 19 and 20, 2021 across the country, 20% of respondents believe that security should be the government’s priority, which ranks this issue in second place behind “social/living conditions”, and ahead of “economy/jobs”. Throughout the month of April, there were protests (including in North Kivu) which not only called for MONUSCO to leave but also for the president to keep his word.

The Military Option

The voice of the protesters appear, therefore, to have been heard. But is the state of siege the right solution to their concerns? To find out, a useful starting point would be to take stock of what has already been done to address problems in the east under Félix Tshisekedi’s presidency.

Since the beginning of his mandate, the head of state has appeared to approach the east’s problem from an essentially military angle. He declared that he was ready to “die” to restore peace. When he tried to forge a regional coalition to restore security in September and October 2019, this was designed as joint command body for the region’s armies to plan military operations in eastern DRC.

Under the authority of the president, operations such as Zaruba ya Ituri (Ituri Storm) in the Djugu territory in June 2019, or the “large-scale” FARDC offensive against the ADF involving some 20,000 troops in October 2019 have been launched. Yet MONUSCO were not consulted or involved in the planning of these offensives and in the end, the region’s countries did not take part, since the joint command body project failed.

Concomitantly, it is true that non-military initiatives have been implemented, such as the Murhesa ceasefire process, community dialogue in the high and middle plateaus of South Kivu, or the attempt to rebuild the disarmament, demobilization, and reintegration (DDR) program with a newfound focus on “communities”. However, in general the central government was not the instigator of such initiatives. Although sometimes it has endorsed them – with varying degrees of enthusiasm, particularly during the period when it was itself divided –until now it has not shown the will to prioritize such initiatives. The new “community” focused DDR approach, for example, was launched by eastern provincial governors. In 2020 Félix Tshisekedi publicly supported it and announced the appointment of a national coordinator to manage the process. Several international donors committed to DDR have expressed their readiness to financially support the scheme. But the decree providing for its implementation, which he has received, remains unsigned. This delay is all the more damaging given that the aim of the “state of siege” is to enable more offensives against armed groups: it would have been useful to first ensure that a framework was in place to deal with disarmed combatants.

It is clear: since the start of Félix Tshisekedi’s presidency a military approach has been adopted. How successful has it been? Data collected by KST calls into question its effectiveness and could even suggest the approach has been counterproductive in some territories.

A Counterproductive Operation

In Djugu territory, where the Zaruba ya Ituri Operation was launched in June 2019, KST data is limited as data collection only began in April 2021. However, initial indications are concerning: in April, Djugu was the most dangerous territory for civilians in eastern DRC. KST recorded 66 violent civilian deaths in the space of one month (more than the 47 civilian deaths in Beni territory over the same period). Djugu, which is only one of the 18 territories monitored by KST, accounted for 33% of all civilian deaths in April.

How does this compare to Beni, the territory targeted by the “large-scale” operation launched in October 2019? The FARDC leadership has very quickly announced the retaking of main ADF bases. However, data mapped by KST suggest that most of the combatants were able to flee to other areas. Some towns located on the borders of Beni territory, such as Mandumbi, Mamove or in the sector of Rwenzori, which until then had been relatively unscathed by ADF violence, saw a dramatic increase in civilian killings after the launch of the operation.

Location of killings carried out by the ADF in Beni territory before the “large-scale” intervention (June 2017-October 2019) and since then (November 2019-April 2021)

When the number of civilians killed in Beni territory is exposed and explored, the operation also appears to have been counterproductive until now. A monthly average of 24 civilians killed by armed actors between June 2017 and October 2019 escalated to an average of 65 following the start of the operation.

Number of civilians killed by armed actors in Beni territory per quarter since July 2017

A small but significant part of this was also due to an increase in violence by the FARDC and the National Congolese Police (PNC): either institution is implicated in the deaths of 4 civilians on average per month since the beginning of the operation, compared with 2 prior to it being put into effect.

However, abuses recorded in Beni territory are still overwhelmingly committed by the ADF – in so far as those responsible can be told apart. In all likelihood, the aim of such killings is to discredit and put pressure on the Congolese authorities, to divide the forces pursuing them and to divide society as a whole. In this way the ADF appear to want to inhibit FARDC operations so they can return to their safe havens. However, until now the Congolese government has not been able to contain this strategy: MONUSCO was the target of mass protests in November 2019 and in April 2021, resulting in clashes which led to at least 25 people being killed in North Kivu province.

Further Dangers

The results of the military approach favored by President Félix Tshisekedi, which are at best mixed, raise concern as to the consequences of the “state of siege”. This measure is in fact a continuation and strengthening of the method applied until now, rather than a new approach. This exceptional state also entails further dangers. The military, which have the capacity to prohibit protests, publications and to determine whether certain people are allowed to stay, will have greater autonomy and less accountability to justify their action than before. Both generals appointed as heads of the provinces by Félix Tshisekedi are also suspected to have been implicit in human rights’ violations according to a UN document seen by KST, which could jeopardize their collaboration with MONUSCO, since the mission operates in such matters under a policy of “due diligence”. This might be all the more damaging given the ongoing reform of MONUSCO’s Intervention Force Brigade (FIB) which will allow it to carry out interventions more frequently. At least some of the Kenyan troops, whose arrival was announced by Félix Tshisekedi during his visit to his counterpart, Uhuru Kenyatta, on April 21, are to be integrated into the FIB. However, to be able to act effectively, cooperation with the FARDC is vital.

Moreover, some FARDC members have ambiguous relationships with armed groups: complicity exists, sometimes at a high and structural level, as the CRG has evidenced concerning the Nduma Defense of Congo-Rénové, NDC-R, an armed group operating in North Kivu). Some members of the FARDC also profit from illicit economic activities. Reducing checks and balances by limiting the right to protest and criticize the operations might once again exacerbate the situation. Additionally, it must be questioned whether it will it be in the interest of the members of the military who now yield provincial power – and control of its associated resources – to bring violence to an end, which would most likely result in them losing their positions. It is therefore possible that the state of siege destabilizes the area, rather than stabilizes it.

Comprehensive Strategy

This does not mean, of course, that nothing should be done to deal with the situation in eastern DRC. Congolese public opinion concerns about the situation are legitimate and call on everyone to try and come up with answers.

Firstly, the Congolese government needs to formulate a comprehensive strategy, which goes beyond exclusively military solutions. This should be based on an in-depth and detailed analysis of the causes of the conflict and the role that each series of actors play in its perpetuation. The aim would be to identify the conflict’s deep-rooted drivers and to provide relevant solutions.

The situation’s causes are numerous and varied: the absence of state and public services in some areas, a lack of institutions that are accepted to solve local conflicts by non-violent means and that are perceived as neutral, the lack of armed groups member’s interest to leave their ranks, the perpetuation of illicit economic channels at a provincial and regional level, the complicity with armed groups at various state levels, the difficulty in cooperation with MONUSCO, the insufficient means and training provided to the FARDC and PNC…

Such an analysis would in particular lead to questioning the role of some members of the army and police in the conflicts, including in abuses, illicit economic channels and their links to armed groups. What is needed is to strengthen the means by which transparency is ensured and such excesses limited: for example, effective and incorruptible military inspections and tribunals, the capacity of the justice system to investigate such matters, a respected freedom of the press, the ability of civil society to denounce abuses without fear of repression, etc.

The role of the FARDC is both inescapable and indispensible. However, this must be achieved in a context which ensures its professionalism and inclusion within a comprehensive strategy. Also, in order to dismantle armed groups and put in motion a transitional demobilization and justice programme at national and regional level, reforms and action plans of other state services are required, particularly for the intelligence service, the PNC, the justice system and in diplomacy.

Efforts to define such a strategy have been made. The mechanism for monitoring the Addis-Abeba Agreement has for example led to the publication of a roadmap in September 2020. This should be supplemented and clarified, but has the merit of insisting on pursuing military and non-military approaches side-by-side and provides some useful analyses and proposals. However, similarly to the community DDR program, its adoption is pending a presidential decree.

Defining and implementing a comprehensive strategy is a long-term endeavor, which requires the constructive, patient and ongoing involvement of the highest levels of government. It will only deliver results in the long term at best. Yet President Félix Tshisekedi is in an advantageous position to address the problem. He now has a large political majority and a government willing to break with past practices. His new Minister of Defense, Gilbert Kabanda Kurhenga, has made the “restoration of ethics” within the FARDC his priority. Moreover, there is a new head of MONUSCO, Bintou Keita, and a new commander, General Marcos De Sa Affonso Da Costa, has been appointed. In September, he will head a strengthened and reformed FIB. There is now a window of opportunity for a more comprehensive and effective policy.

Why Violence in the South Kivu Highlands Is Not ‘Ethnic’ (And Other Misconceptions About the Crisis)

Students from a school near Minembwe, June 2007. (Photo Julien Harneis)

Judith Verweijen is a lecturer at the Department of Politics & International Relations at the University of Sheffield (UK). Her research looks at the interplay of armed mobilization, violence and conflicts around natural resources. Her main focus is on eastern DRC, where she has conducted extensive field research since 2010.

On August 10, 2020, the United Nations Joint Human Rights Office in the Democratic Republic of Congo (UNJHRO) published a report on the unfolding crisis on the highlands (Hauts Plateaux) at the intersection of Fizi, Uvira, and Mwenga territories in South Kivu. Curiously, the report focuses on a limited area of the highlands only: it omits the Bijombo area, where fighting first escalated mid-2018, after three years of conflict. 

Despite this omission, the report gives an indication of the enormous toll that the crisis has taken: it documents the destruction of at least 95 villages, 128 deaths from summary and extrajudicial executions,  47 victims of sexual-related violence, and the looting and killing of thousands of cattle. This violence has led to a dire humanitarian situation, with over 110,000 people displaced. 

The UNJHRO report does not provide much analysis of the drivers of this violence. It acknowledges that the conflict and its origins stem from multiple factors at the national and sub-regional level, but is limited to the inter-community aspect. This is unfortunate, as it advertently gives off the impression that this is the most important factor. 

Similar to other conflicts in eastern DRC, the crisis on the Plateaux is characterized by profound complexity. It involves a range of different drivers of conflict and violence that play out at different levels–from the local to the sub-regional. Narratives emphasizing simple explanations provide only one piece of this complex puzzle. Here are three such narratives and why on their own they are incomplete, if not inaccurate. 

1. The violence on the Hauts Plateaux stems from “ethnic” or “inter-communal” conflict

Ethnic identity has featured prominently in explanations for the recent violence. From this perspective, it stems from animosities between the Banyamulenge on the one hand, and groups that label themselves “autochthonous”–including the Babembe, Banyindu, Bafuliiru, and Bavira on the other. 

This narrative needs to be nuanced. There are certainly numerous conflicts on the Plateaux that pit Banyamulenge against other groups. These conflicts relate to contestations around local authority and control over land and resources, including the taxation and regulation of markets, mines, and cattle movements.

However, these conflicts do not always turn into armed violence. Violence is committed first and foremost by armed groups and “local defense” militias. True, these armed actors claim to defend particular ethnic communities and are often supported by members of these communities seeking protection. Yet most ordinary citizens are not involved in planning, organizing, directing, inciting, or committing violence. We therefore cannot ascribe such violence to “ethnic groups” writ large. More importantly, we must pinpoint and analyze when, why, and how conflicts turn violent. As an extensive body of research shows, violence labelled as “ethnic” is often driven by a range of other motives and objectives, including inter-personal conflict, economic and political competition and disputes about land and other property. 

Another problem with the “ethnic conflict” narrative is that it assumes there are two homogeneous blocks: the Banyamulenge and groups calling themselves “autochthonous.” Yet these groups themselves have numerous internal divisions, which are reflected in the plethora of armed groups linked to either side. 

There are at least three Banyamulenge armed groups: the Twirwaneho–a coalition of local militias, which are also developing a political branch; the Gumino, led by Shaka Nyamusharaba; and an armed group commanded by FARDC deserter Michel Rukunda, aka “Makanika,” which has numerous Banyamulenge youth from the regional diaspora (Kenya, Rwanda, Burundi) in its ranks. The armed groups linked to the Babembe, Bafuliiru, and Banyindu are even more numerous. They include the Mai-Mai of Ebuela Mtetezi–which encompasses Bembe commanders who previously had their own groups, such as Aoci and Ngyalabato; the Mai Mai Mulumba; the Mai Mai “Mupekenya” under the command of Kati Malisawa, and a range of mostly Fuliiru and Nyindu groups operating under the label “Biloze Bishambuke.” The latter include the groups of Ilunga, Kashomba, Mushombe, and in the Minembwe area, those led by Luhala Kasororo and Assani Malkiya. 

These armed groups operate in broad coalitions, but there are regularly tensions and occasionally even clashes between groups that are supposedly on the same side. For instance, on August 2, the Biloze Bishambuke under the command of Ilunga clashed with the troops of  Kati Malisawa near Maheta village, allegedly due to a dispute over stolen cattle. This indicates that certain armed group leaders, and the political actors that help mobilize and support them, also have different agendas than protecting their communities. They often aspire to enhancing their own political and economic clout and some have national political aspirations. This further undermines the argument that the violence is primarily driven by “ethnic conflict.” 

2. The violence on the Hauts Plateaux is related to the creation of the commune rurale of Minembwe 

Another popular explanation for the violence, which is closely linked to the ethnic conflict narrative, is that it stems from the creation of the “rural commune” of Minembwe– a non-customary decentralized local governance entity. The commune became operational at the start of 2019, following decrees issued in 2013 and 2018, and the nomination of its leaders in February 2019. 

The commune is undoubtedly a source of conflict. It is located in Fizi territory, on lands that members of the Babembe community consider to be theirs. They therefore see the creation of the commune as encroachment on or the occupation of their ancestral grounds. Some have also contested the designation of the mayor, who is  Munyamulenge. But most importantly, the creation of the commune is seen as the first step for the resurrection of the territoire (sub-provincial administrative entity) of Minembwe.

During the Second Congo War, the rebel administration of the Rwanda-backed Rassemblement congolais pour la démocratie (Congolese rally for Democracy or RCD) created  Minembwe territory, which encompassed large parts of the Hauts Plateaux and the adjacent Moyens Plateaux. The territory fulfilled a longstanding wish among the Banyamulenge, whom the colonial authorities had denied a chiefdom or groupement–local governance entities generally formed along ethnic lines. Consequently, they became subject to rule by customary chiefs from other communities. The territory, where they dominated the administration, resolved this. Moreover, anticipating future elections, the territory, which is an electoral district, would have allowed the Banyamulenge to increase their political representation in parliament. Being a minority in each of the three territories that comprise the Hauts Plateaux, they had struggled to get their candidates elected. Finally, the territory brought local administration closer to the people in this isolated region, allowing them to obtain birth certificates and other official documents there. 

The creation of the territory–which was formally abolished in 2007– was heavily contested by other groups, who perceived it to break up their ancestral lands. In addition, it appeared to confirm a conspiracy theory that the Banyamulenge were the vanguard of a foreign invasion attempting to expropriate and displace “autochthonous” groups, and usurp their local authority. Members of these groups therefore have bad memories of Minembwe territory. In addition, it has left a legacy of leadership conflicts. Numerous former appointees have continued to behave as de facto local authorities, even if they no longer hold an official position. 

For these reasons, Minembwe territory has a highly symbolic function, as a marker of division and violence. The commune rurale evokes similar strong feelings, being deeply inscribed in struggles around local authority and identity. It has also become a national political affair. While prominent Banyamulenge leaders––including Azarias Ruberwa, currently the minister of decentralization–– endorse the commune, many Bembe, Fuliiru and Nyindu politicians, such as Pardonne Kaliba, have denounced it. The commune has also stirred heated debate among Congolese in the diaspora. 

Yet the violence on the Hauts Plateaux, as well as the emergence of most of the armed groups involved in the current fighting, predates the creation of the commune. Violence on the Plateaux has been a regular occurrence since 1996. The current cycle started in 2016 and escalated mid-2018. This escalation first occurred in Bijombo groupement. This groupement is not included in the commune rurale, whose surface is many times smaller than the (abolished) territory of Minembwe. Bijombo also has distinct conflict dynamics. The latter revolve to a large extent around the position of the chef de groupement–for which there are multiple contenders linked to different ethnic groups. Another site of significant violence is the Itombwe area, which is equally not included in the commune. 

In sum, even though it is an important source of conflict and figures prominently in the belligerents’ discourses, the commune is only one of many factors in the current fighting. It does not explain why and when armed groups emerged on the Plateaux and who they target with their violence. 

3. The violence on the Hauts Plateaux is the result of foreign interference

As documented by, inter alia, the UN Group of Experts on the DRC and Radio France Internationale, the coalitions of belligerents fighting on the Plateaux include foreign armed groups, notably the Burundian groups Résistance pour un état de droit au Burundi (RED-Tabara) and Forces nationales de libération (FNL), as well as the Rwanda National Congress (RNC). They have occasionally also included soldiers linked to the governments of neighbouring countries, which have moreover hosted recruitment and supply networks. At the same time, eastern DRC has a history of wars kickstarted by foreign interference. The conclusion that the trouble on the Plateaux results from foreign meddling is therefore easily drawn. 

Yet this explanation glosses over the many conflicts around local authority mentioned above. It also overlooks the role of provincial, national and diaspora political actors in supporting armed mobilization and polarization. Moreover, the language of “foreign interference” is somewhat misleading. It suggests that all power resides on the side of foreign forces, who manipulate Congolese intermediaries as they see fit.

This reading obscures that Congolese armed group leaders and political actors have significant room for maneuver regarding what foreign forces they ally with. Occasional shifts in such alliances testify to this leeway. These shifts also demonstrate that such alliances are mutually beneficial. Through their foreign allies, Congolese groups gain in military capabilities, for instance, by acquiring heavy weaponry. This, in turn, allows these groups to better advance their position within conflicts around local authority and access to resources. As such, the involvement of foreign actors cannot be seen in isolation from local dynamics of conflict and violence; they are interwoven and mutually reinforcing. That said, foreign interference has clearly contributed to a significant escalation of the violence, even if it has not caused it. 

What, then, is at the root of this terrible violence? There are a number of interlocking mechanisms at work. First, the narrative of “ethnic violence” has become a self-fulfilling prophecy: all types of conflicts and incidents of violence are seen primarily through an ethnic lens, even if there are also other factors at work. This activates a second mechanism, which is the attribution of collective responsibility for individual acts of violence. As a result, civilians are attacked in retaliation for violence committed by armed groups. This blurring of the boundaries between armed groups and civilians is an important driver of cycles of revenge violence. Widespread impunity has further aggravated this: as individual perpetrators are not held to account, the blame is shifted towards groups as a whole. 

Another key mechanism is militarization, or the tendency by local leaders and politico-military elites to resort to force in order to gain the day in disputes and power struggles. This does not only involve politicians, business people and military leaders in the DRC, but also governmental actors and other elites at the level of the Great Lakes Region. 

The emergence and persistence of armed groups, however, is not only the result of militarization: it also stems from local security dilemmas related to mutual distrust between communities. The presence of armed groups seen to defend particular ethnic communities prompts members from other communities to equally sustain armed groups. The same logic propels these armed groups to maintain a military balance of power, which motivates attacks to weaken the enemy. Local security dilemmas crucially hinge upon a generalized lack of trust in the state security forces, which are accused of partiality by all sides. It is also rooted in a history of violence dating back to the Congo Wars, which has instilled bitter feelings and deep distrust between different groups. 

These various mechanisms play out at different levels and become mutually reinforcing. For instance, the involvement of foreign armed actors is in part the result of the strategies of politicians and military leaders operating at the national level. Once present, these foreign forces exacerbate local security dilemmas and conflicts around local authority and resources. In this manner, dynamics of conflict and violence at different levels become entwined. Monocausal explanations, such as the lazy trope of “ethnic violence” do no justice to this complexity. In fact, they may exacerbate the situation. They further essentialize identities and legitimize attributing responsibility for armed group violence to civilian communities. When describing violence in eastern DRC we must therefore try harder to find an adequate analytical language. 

Towns in the Kivus Hit by a Spate of Armed Robberies

Joint patrol by the United Nations Police, Congolese National Police and Congolese Army in Goma on May 20, 2020. Photo Monusco / Kevin Jordan

The decision was not taken lightly. In the month of May 2020, the new coronavirus had been spreading through the DRC for several weeks, and the town of Beni, like the rest of the country, had been placed under a public health emergency outlawing any gatherings of more than 20 people (in French). However, there was a something of greater concern in the eyes of militants of the citizens’ movement, the Struggle for Change (LUCHA). “Drastic steps have been taken to fight this epidemic, yet no cases have been recorded here,” recalls Steward, one of the collective’s members. “However, Beni residents are suffering much more from insecurity, which doesn’t seem to worry anybody,” he recalls.

For years, this town in North Kivu has lived under the menace of armed groups and particularly of the Allied Democratic Forces (ADF), a Ugandan Islamist uprising, which regularly commits abuses against civilians and plagues the region. However, in recent weeks, a new phenomenon has made the already dire situation worse: over the course of the first three weeks of May, at least six armed robberies were committed in the town.

For LUCHA, it had become unbearable. So on May 20, the citizens’ movement wrote to the Beni municipality to inform it of its intention to organize “peaceful demonstrations” to denounce “the upsurge in insecurity and the wave of killings in Beni town.” The protests organized for the following day were severely repressed. One of the protesters, Freddy Marcus Kambale, a 19-year-old schoolboy, was shot by police and 21 of his classmates were arrested. The trial of the police officer suspected of this killing is still ongoing (in French).

Beni is far from being an isolated case. For several weeks, the exasperation of locals living in the large urban centers of the Kivus has been growing in the face of a perceived increase in crime. The police, sometimes suspected of complicity with the criminals, are finding it difficult to contain social unrest. In Butembo, on May 27, taxi drivers also took to the streets. The day before, one of them had been killed by armed men. Once again the protests degenerated: one of the protesters was shot and wounded by the police.

The rise in urban insecurity does not appear to be limited to the Kivus. In Lubumbashi, on May 19, Mgr Jean-Pierre Tafunga warned of the upswing in “indescribable” insecurity (in French). And the same day, National Assembly members of the Defense and Security Commission challenged the Vice-Prime Minister and Minister of the Interior, Gilbert Kankonde, on the increase in insecurity in the country’s cities (in French). “We have received calls from nearly everywhere in our electoral districts alerting us to this phenomenon,” explained its rapporteur, National Assembly member for Walikale, Juvénal Munubo, to KST. The phenomenon has different names in different towns: “40 voleurs” in Goma, “Kasuku” in Butembo, “Kuluna” in Kinshasa… However, the general trend of a rise in urban violence is clear to see.”

It remains difficult to come up with a precise number for this increase due to an absence of statistics on insecurity in the DRC. The lengthy reply penned by the Vice-Primeand Minister of the Interior to National Assembly members provides no statistics, even though it acknowledges the issue.

Data collected by KST nevertheless appears to confirm this trend: an increase in the number of armed robberies was recorded from April in the towns of the Kivus (Beni, Butembo, Goma, Bukavu, Uvira, and Baraka). Twenty incidents of this kind were recorded in April and 24 in May, compared with a monthly average of 11.7. This is unprecedented since March 2018.

The town of Butembo was particularly impacted with 11 such incidents in May (compared with 1.7 in average). This is unprecedented since KST began logging such data in June 2017.

Why is there such a rise? According to Juvénal Munubo, the public health crisis COVID-19, the steps taken to contain it, and the economic crisis are all possible obvious candidates.

Elsewhere in the world, however, isolation measures have inversely caused crime to drop. But it is possible that the consequences of the pandemic are different in the DRC. Except for rare exceptions, such as the Gombe neighborhood in Kinshasa, and the Ibanda neighborhood in Bukavu, residents of Congolese towns have not been ordered to observe strict self-confinement. Most criminals have therefore been free to roam towns, like the rest of the population.

The economic crisis on the other hand has not left DRC cities unscathed and could partly explain this upswing in robberies. On international markets, the Congolese franc has lost approximately 11% of its value since March, dropping from 1700 francs for one dollar to nearly 1900 today, eating into the purchasing power of the Congolese paid in national currency.

In Kinshasa, deadly clashes took place between the police and protesters calling for the reopening of the large market located in the town of Gombe, where food is available at affordable prices (in French). In total, the Central Bank of Congo has revised its 2020 economic forecasts downwards to -2.4% (against -1.9% previously) and now estimates inflation at 9% against the planned 7% (in French). According to the Central Bank, the crisis is essentially due to the “both internal and external population isolation measures.”

Since March, towns in the Kivus have been particularly impacted by border closures with three neighboring countries (Uganda, Rwanda, and Burundi) with which traditionally there is intensive trade.

Traffic between the towns of North Kivu (Goma, Butembo, and Beni) was also suspended for three weeks in April, as it was between Goma and Bukavu.

The fact that the town of Butembo, usually a thriving trade hub, has been the most impacted by an upsurge in armed robbery may also point to a link between the slowdown in trade and the increase in urban insecurity.

Why were the Virunga National Park Rangers Killed?

Two Virunga National Park Rangers gaze upon the lava of Nyiragongo crater. MONUSCO/Abel Kavanagh

In the heart of the forest, Mikeno Lodge, and its spacious bungalows, is the most luxurious accommodation in the Virunga National Park, located in the east of the Democratic Republic of Congo. Fireside drinks of Champagne are served in the evening. During the day, visitors can meet orphan chimpanzees, brought up by the park rangers, and visit mountain gorillas in their natural environment. Virunga Park is one of the few in the world to host this critically endangered emblematic species.

On the morning of April 24, however, the lodge was empty due to the new coronavirus pandemic and tourism had been at a standstill for several weeks. But another scourge was about to strike.

Towards 11 o’clock, combat weapon shots suddenly tore through the forest calm. A few hundred meters from the bungalows, three vehicles, including two belonging to the rangers, had fallen into an ambush in Mahura. Half an hour of crossfire later, the death toll was horrific: 12 rangers, their driver and four civilians were dead. The Congolese Institute for the Conservation of Nature (ICCN) had never suffered such a heavy attack in Virunga Park.

Its rangers, however, were used to such danger. From Mount Rwenzori, which is often used to shelter the Allied Democratic Forces (ADF, a Uganda-based Islamist rebellion), to the Nyiragongo Volcano, overlooking the city of Goma, the 7,800 km2 Virunga National Park is regularly used by armed groups as their battlefield, smuggling route, or source of raw materials for looting.

This dangerous environment justified an arms race in the 2010s which led to the creation of the ICCN Quick Reaction Force (QRF), a paramilitary unit, sometimes deployed offensively, comprising 270 elite rangers (in French).  In this way, and as noble as their nature conservation mission may be, the rangers have in effect become actors caught up in the conflicts in the Kivus. The Kivu Security Tracker (KST) has recorded 28 clashes involving ICCN rangers since it started logging such incidents in 2017. This figure most likely only represents part of the true total.

The rangers often cooperate with the Congolese army in attacks which can cause collateral civilian damage, such as against the Mai-Mai Mazembe on May 23, 2019. “The park believes, rightly, that rangers are not legitimate targets under international humanitarian law, but the specific status of the QRF and the nature of their operations places them in a gray zone,” says Christoph Vogel, a researcher at the University of Ghent (Belgium) and former member of the UN Group of Experts on the DRC.

Furthermore, a long and complex conflict on the limits of the park’s boundaries has pitted them against some local communities. The park covers a quarter of the territories of Beni, Lubero, Masisi, Nyiragongo, and Rutshuru and deprives some farmers of access to land on which they are used to farming. This conflict is particularly acute in the region of Nyamilima, although the ICCN has recently authorized harvesting on a temporary basis from April 27 to July 26 to allow them to better cope with food scarcity caused by the pandemic (in French).

ICCN rangers therefore do not lack for enemies, especially its most feared unit, the QRF, which was decimated in the attack. On the same day, park authorities were able to publish several highly detailed statements on the circumstances surrounding the attack.

The first states that in fact it was a civilian vehicle which was targeted by the ambush. According to our information, this was a white Toyota Prado TX which was attacked with RPG rocket launchers and PKM machine guns. According to the statement, the assailants were reported to be none other than Rwandan Hutu rebels of the Democratic Forces for the Liberation of Rwanda (FDLR-Foca).  More specifically, the assailants appeared to be approximately sixty combatants from the Maccabé group, formerly known as the Commando de recherche et d’action en profondeur (CRAP), an FDLR commando unit.

ICCN rangers, who happened to be passing by on the drive back to their headquarters in Rumangabo, were reported to be only the collateral damage of the ambush and only targeted because they tried to assist some civilians. The second version slightly amended the first statement, which only stated that a civilian vehicle in close proximity had been attacked before the arrival of the rangers.

So why would the FDLR possibly have carried out an attack on a civilian vehicle with combat weapons? Several diplomatic, university, and ICCN sources outlined the scenario to KST. According to them, the FDLR is reported to have received information that FARDC Colonel Claude Rusimbi, deputy commander of intelligence operations of the 3409th Regiment, was going to use that road, between Goma and Rutshuru, on the same morning. It may well be that the FDLR mistook the rangers for his escort.

The FDLR had cause to hold a personal grudge against Rusimbi. On April 13, one of their main strongholds in Kazahoro, a few kilometers from the attack, had been attacked in a major offensive by the Congolese army (in French). According to several military and diplomatic sources, Rwandan army (RDF) Special Forces had secretly participated in this attack. However, according to several military and university sources, Colonel Rusimbi is just one of the Congolese officers in charge of coordination with their Rwandan counterparts. The colonel was also aware that he was the target of the FDLR, according to a member of his entourage.

Whether it was targeted retaliation against Rusimbi or not, the responsibility of the FDLR seems highly probable. It fits with both the weapons used and the modus operandi of the armed group, as well as the area known for attacks by this group.

The attack against the Virunga Park Rangers (red star) is located in an area where the FDLR-Foca regularly carry out attacks (other colors: incidents in which they were implicated, since June 2017)

In addition to the ICCN, who holds the FDLR responsible for the ambush, President Paul Kagame also accused the armed group during a press conference on April 27 (37th minute).

The FDLR also had its own motivations for attacking the ICCN. These rebels regularly suspect the park rangers of collaborating with the Rwandan army to hunt them down. In addition, according to several reports by the UN Group of Experts on the DRC, one of their main sources of funding is the sale and taxation of “makala,” or charcoal, produced by illegally burning trees from within the park. This effectively places them in conflict with the ICCN, including the QRF.

The FDLR have, however, put forward their own theory: according to them, the Rwandan army is responsible for the attack (in French). But this scenario appears convoluted: the ICCN is alleged to have knowingly lied, by wrongly accusing the FDLR so as to demonize them and justify, after the fact, the presence of the RDF on Congolese soil. Such a plot, involving several different actors, appears difficult to put together.

“The FDLR statement is totally disconnected from the reality of the facts,” claims an expert on this group. “It was only released to respond to the Rwandan authorities in the war they are waging in the media.”

“Members of the FDLR admit in private that they are behind this attack,” indicates Christoph Vogel. “According to them, this was a ‘mistake’ and they claim that their target was Rusimbi.”