In Ituri Province, the FARDC are Unable to Distinguish CODECO Militias from Civilians

Mountains of Ituri province (Photo Monusco/Adeniyi Oluwo).

By Pierre Boisselet, Coordinator of the Kivu Security Tracker.

For four years, Djugu territory, in Ituri province, has been the site of a violent insurrection by the “CODECO” militia who the FARDC are unable to tell apart from civilians. Despite this, the authorities followed a nearly exclusively military strategy, further strengthened by the state of siege, at the risk of unwillingly bolstering their enemies.     

The Union des révolutionnaires pour la défense du Peuple Congolais (URDPC) is without doubt less well-known than other active armed groups in eastern DRC. And yet, this faction of the Cooperative for Development of the Congo (CODECO), which operates in Ituri province, is the most active armed group in all of eastern DRC. It has been implicated in at least 182 violent incidents since April, the month from when the Kivu Security Tracker (KST) started collecting data on this province.

During this period, it is true that the Allied Democratic Forces (ADF) have killed more civilians – at least 600. However, the killings carried out by the URDPC are far from insignificant: at least 180 people have been killed by these militia members, which rank them as the second most deadly group for civilians.

The introduction of the state of siege on May 6 this year has not improved the situation. Even the DRC Armed Forces (FARDC) is frequently in difficulty. Between October 10 and 12, 28 soldiers were killed in violent clashes with the URDPC in the villages of Lipri, Ngangarai and Ngongo. On the 29th, CODECO militia members again killed 14 civilians in Gina.

So, how did we get here?

The Scars of History

CODECO is essentially active in Djugu, a territory of Ituri province long-scarred by community-based violence and tensions, effectively between the Hema and Lendu ethnic groups. This can be traced back to colonial times: steeped in racialist theories, the Belgian authorities supported the Hema community, whom they considered to be superior at the time, and who were mostly comprised of farmers (see the report “Violence and Instability in Ituri” by the GIC network), often to the detriment of the Lendu community, which is one of the largest of the province (just over 25% according to some estimates).

This heritage has shaped inequalities, particularly with regarding to land allocation and political power, and continues to have profound effects to this day. Djugu territory has four Hema “chiefdoms” (a type of collectivity with relative autonomy and hereditary power) whereas there are three Lendu “sectors” (bodies with less autonomy, with chiefs currently appointed by the state). The boundaries of these bodies are highly fragmented and isolate many of the Hema chiefdoms (below in orange) within Lendu sectors (in green).

Map taken from the “Administrative Organization Atlas of the Democratic Republic of Congo” by Léon de Saint-Moulin and Jean-Luc Kalombo Tshibanda, Centre for Social Action Studies, Kinshasa.

The racialist stereotypes developed under colonialism remain ingrained in the imagination of some of the current Congolese authorities. During an interview with the KST, a Congolese security forces officer stationed in Bunia described the Lendu in the following words: “they really are barbarians, bad guys, uncivilized Bantu. They are angry, they are there to get revenge, it’s in their blood. Even the Belgians said as much.”

After independence, the economic and political marginalization of the Lendu community continued, particularly during “Zairianization,” a process by which the Mobutu regime redistributed assets belonging to foreigners in the seventies. In Djugu, this included farms, given to influential Hema.

After the collapse of the Mobutu regime, and during the Second Congo War (1998-2003), Djugu territory escaped Kinshasa’s control, and became the site of extreme deadly conflict between community-based armed groups. Among them, of note were the Nationalist and Integrationist Front (FNI, essentially comprisred of Lendu) and the Union of Congolese Patriots (UPC). Rwanda and Uganda, countries in conflict with one another, also contributed to feeding the conflict by supporting opposing armed groups.

The European Union’s operation “Artémis,” those of the UN Mission in the DRC (MONUSCO), as well as the dwindling influence of neighboring countries led to a considerable drop in the level of violence.

It is true that some armed groups remained active, such as the Patriotic Resistance Front of Ituri (FRPI) mainly composed of Ngiti (one of the constituent groups of the Lendu community). However, these were mainly based in the neighboring territory of Irumu and eventually signed a peace accord in February 2020 (in French).

“An Army, a Church, a Company”

As from 2018, a new wave of violence started in Djugu territory. Its origin is difficult to pinpoint, and the perpetrators have long remained unknown. However, some key events seem to have played their role, such as the death in unexplained circumstances of the Lendu priest, Florent Dunji, in July 2017, followed by protests by his community’s youth.

A first wave of violence occurred between the end of 2017 and March 2018, essentially against Hema villages, and a second, from September 2017, mainly against the FARDC. It was only in 2018 that the name CODECO, a reference to a former farming cooperative, emerged, as well as that of its leader, Mukwake Mambo, who was soon succeeded by Justin Ngudjolo – a cousin of the deceased priest.

According to Floribert Njabu, the moral authority of the FNI, who was able to enter into dialogue with the CODECO militia in 2020, members of CODECO present their movement as “an army, a church, and a company” all at the same time.

Specific beliefs and rites appear to have played a significant role in their mobilization. According to several sources, CODECO keeps specific days of rest – including Monday in particular. Data collected by KST partly confirms this tendency: out of 133 incidents started by the CODECO-URDPC logged between April 1 and October 13, only nine took place on a Monday, a number clearly lower than the average.

Number of incidents caused by the CODECO-URDPC since April, by day of the week

CODECO militia members do not clearly articulate their political demands, apart from their right to fight against the “harassment” by the FARDC who they accuse of having been “infiltrated” by foreigners, according to Floribert Njabu. Incidents caused by CODECO are not limited, however, to attacks against the FARDC: they have also committed many killings, particularly of Hema civilians.

Crucially, the authorities seem to be unable to discriminate between CODECO militia members and civilians from the community: four high-ranking officers whom KST interviewed for this blog post stated that both live side-by-side, inseparably in their view. A member of the former provincial government even described the ongoing conflict as a fight between the state and the Lendu community as a whole.

While there is certainly complicity between CODECO and some civilians, this assimilation is nevertheless refuted by many Lendu. Also, there are conflicts opposing different factions of CODECO, and militia members tax and commit abuses against Lendu civilians. The leader of the Bon Temple de Dieu (BTD, one of the CODECO factions), Thuwo, accused of committing abuse against his own community, was killed by members of the CODECO-URDPC on May 10.

Also, while there are armed groups comprising members of other communities in Djugu – particularly the Zaïre-Front Populaire d’Autodéfense en Ituri (FPAC, essentially Hema), they are relatively marginal in the conflict at this stage: they have only been identified as being implicated in four incidents in Djugu territory since April. “I have done all I can to stop the Hema from taking up arms,” explains Jean Bamanisa, himself from the Hema community on his mother’s side, and who was governor of Ituri until his removal in April 2021. “At the same time, this led the community to question their confidence in me because it was taking a long time to impose peace and stimulate development efforts.”

The Use of Force

In essence, the conflict can be summed up therefore as a confrontation between CODECO and the FARDC, with serious consequences for the territory’s civilians. The trend to criminalize the Lendu community in carries, in particular, the risk of promoting FARDC abuses against civilians. This is all the more significant that the Kinshasa government adopted a heavily militarized approach to this issue since Félix Tshisekedi arrived in power. This was initially the case with the launch of a military operation, “Zaruba ya Ituri” (“Ituri Storm”) following a visit by the president to Bunia in June 2019. The leader of CODECO, Justin Ngudjolo, was killed by the FARDC nine months’ later, in March 2020. However, this basically led to CODECO splitting into several factions with different strategies, which made any hope for dialogue much more complex. Apart from the URDPC, which is by far the most active faction and the above-mentioned BTD, there is also the Defense Force against the Balkanization of Congo (FDBC) or the Alliance for the Liberation of the Congo (ALC).

The operation was unsuccessful in bringing lasting stabilization to the situation. Faced with such a stalemate, the Kinshasa government appeared to have changed tactics by calling on former heads of Lendu groups, including Germain Katanga and Floribert Ndjabu, to try to enter into dialogue with CODECO militia members. This led to the signing of a unilateral deed of commitment by the URDPC (in French) and to a temporary drop in violence.

Nevertheless, in the absence of lasting dialogue and the disarmament program, the situation again deteriorated. In April 2021, Djugu became the most dangerous territory for civilians in all of eastern DRC, with 66 civilians killed, including 44 in incidents implicating CODECO-URDPC.

The introduction of the state of siege in Ituri and in North Kivu on May 6, 2021, again bolstered the military approach to the issue. FARDC activity has since increased markedly in Djugu, with highly publicized operations along National Road 27 (RN27) to dismantle the CODECO-held roadblocks.

Number of clashes implicating the FARDC in Djugu territory between April and October 2021

These operations, and the psychological effect of the state of siege, have managed to reduce violence in the weeks following its announcement. However, CODECO, which has not been dismantled, has retreated deeper into the territory. Many reports also mention a strengthening of their arsenal, including with PKM machine guns. After the respite of May, the number of civilians killed rose once again, attaining a level similar similar to that of April.

Number of civilians killed in Djugu territory, between April and October 2021

Despite its adoption in July, the new Disarmament, Demobilization, Community Reintegration and Stabilization Program (P-DDRCS) is not really seen as a credible strategy for Djugu. On the one hand, it does not seem able to implement concrete actions in the short term, particularly due to disagreements with the funders. On the other, several observers (Floribert Ndjabu, as well as MONUSCO intelligence sources) doubt that militia members can be persuaded by this program, which can offer neither amnesty, nor collective integration into the FARDC, nor have other specific requests entertained, due to its principles.

Once again, it is with an escalation in the use of force that the FARDC retaliated against an upsurge in attacks by the CODECO. Since July, they have used bombings by helicopter – a tactic which makes it particularly difficult to distinguish between civilians and combatants. Among the victims are several villages and civilians, such as in Kobu (7 civilians killed on August 18).

This attitude of widespread repression, which impacts the Lendu population, is partly accepted by some FARDC leaders (“People only are attracted to [those who are] the strongest. Therefore, we need to show that we are the strongest” explained a senior military officer to KST). Yet it has also led to the deaths of many FARDC (119 soldiers have been killed in Ituri between June and mid-September according to an internal document obtained by KST) and several officers recognize that currently the Congolese army has fewer troops than its enemies.

To mitigate for such losses and lack of troops, a contingent of the Republican Guard (GR) of approximately 1,200 men was deployed on September 10 in Bunia under the command of Brigadier general Jérôme Chico Tshitambwe. According to two officers when asked, it answers directly to the president’s office, which may cause difficulties in the chain of command, and deny them the field experience of soldiers who have been fighting for longer in the area.

The military approach to dealing with CODECO seems, in any case, to have also been adopted by the GR. On October 2, it launched an offensive in Lipri, which caused the deaths of eight soldiers and 21 civilians. The following day, the mother of the Yalala groupement chief, Live Malosi, was killed by the GR, who accused her of spying in the village of Kamba.

Has the FARDC changed its analysis of the conflict since then? Do they no longer have the means to pursue this offensive strategy? In any case, they appear to have again changed their approach, sending a delegation representing Chief of Staff Célestin Mbala to meet with the URDPC in Linga on Saturday, November 6. According to Radio Okapi, they were to propose to CODECO the “cessation of hostilities and [its integration into] the peace process.”

 

Does the New Disarmament and Demobilization Program Stand a Chance of Success? 

Collected firearms for destruction in Goma (North Kivu) in November 2013 (Photo MONUSCO/South African Battalion).

By Reagan El Miviri, Analyst at the Kivu Security Tracker, and Pierre Boisselet, Coordinator at the Kivu Security Tracker.

In early August, DRC President Félix Tshisekedi appointed a national coordinator to head the new Disarmament, Demobilization, Community Reintegration and Stabilization Program (P-DDRCS). This type of program seems vital to place eastern DRC on the road to peace. However, all previous DDR attempts have largely failed. Will this time prove any different?

On August 7, 2021, President Tshisekedi appointed Emmanuel Tommy Tambwe Rudima to the position of National Coordinator of the new Disarmament, Demobilization, Community Reintegration and Stabilization Program (P-DDRCS), established one month earlier.

This announcement had been expected for months, even years. Since the failure of the third “Disarmament, Demobilization and Reintegration” program in eastern DRC (DDR3) with a planned 2015 launch, but which was never effectively implemented, the country had been without a program of this kind. In December 2019, the UN Security Council had already “called upon” the Congolese government to “appoint a senior coordinator to address Disarmament, Demobilization and Reintegration.” 

This type of program is therefore vital for progress on the path to peace in eastern DRC.

Why is a DDR Program Needed?

The largely military approaches, encouraged by Félix Tshisekedi since his arrival as president in January 2019, have still not resulted in the expected outcomes. At times, they have even worsened the situation, such as the “large-scale” offensive launched against the ADF at the end of October 2019, and which was followed by a wave of civilian killings, unprecedented since that of 2014-15.

The “state of siege” implemented in the provinces of Ituri and of North Kivu from May 6 this year, has not had the expected results either to date. This has in essence consisted of the transfer of large swathes of civil jurisdiction over to military or police governors, administrators and mayors. But civilian killings have continued since it came into being: at least 723 civilians have been killed by armed actors the North Kivu and Ituri since May 6 (cross-checks are still ongoing concerning the further killings occurring during this period). The ADF, the deadliest of the 122 armed groups listed by the KST in eastern DRC, are behind most of the killings (they are implicated in the deaths of at least 396 civilians). In recent months, its sphere of action has shifted towards the territories of Irumu and Mambasa in Ituri province. The armed forces and police are themselves implicated in the deaths of at 65 civilians.

As a result, the state of siege, which had the near-unanimous support of the political class at its launch at the end of April, is now facing criticism. Pointing to the lack of results and demanding that the minister of defense come before them to explain the situation, 90 national members of parliament boycotted the vote to prolong the state of siege on August 3.

In this context, could the new P-DDRCS or Disarmament, Demobilization, Community Reintegration and Stabilization Program bring peace to eastern DRC?

The negotiations entered into in recent months, between the FARDC and the armed groups of the Petit Nord (the territories of Nyiragongo, Rutshuru, Masisi, Walikale, and the south of that of Lubero), have resulted in surrenders. However, none of the main militia heads has, until now, handed himself in to the authorities, which makes such progress reversible. Also, previous surrenders show that such advances are rarely long-lasting without a properly funded and organized DDR program, which provides real support for combatants. Former combatants of the Nduma Defense of Congo-Rénové (NDC-R), billeted in Rumangabo (Rutshuru territory, North Kivu), have. for instance, carried out multiple lootings of the surrounding villages, such as on May 25 this year. Many of those who have surrendered have also returned to the bush and rejoined their armed group. Additionally, in the absence of a DDR program to replace them, most attempts at creating peace and mediation agreements in recent years have never got off the ground.

Since 2003, at least three DDR programs have been launched nationally, without any decisive progress. A significant number of the current members of armed groups have gone through such DDR programs before taking up arms again in a movement of “circular return” and a “recycling of rebels.”

Does this new DDRCS program have any chance of success when the previous ones have failed?

A Controversial New Coordinator

Initial reactions to the appointment of Tommy Tambwe to the position of national coordinator have not been very encouraging. His profile as a former senior member of the Rally for Congolese Democracy (RCD, of which he was Vice-President of South Kivu, in particular) and a leader of the Alliance for the Liberation of Eastern Congo (ALEC), both rebel movements backed by Rwanda, have caused hostility from members of civil society. Dr Denis Mukwege, a Nobel Prize winner, shared his “caution” and believed that “it was time to break with policies whose aim was to give promotions to those who should be brought to justice. In a press release, the NGO Human Rights Watch (co-founder of KST) opined that this appointment raises “serious concerns.”

Regarding armed groups, the news was hardly better received. The Collective of Movements for Change (CMC), one of the main militia coalitions in the Petit Nord and, as such, one of the significant targets of the P-DDRCS, declared their hostility to Mr. Tambwe who they describe as a “puppet” and “mercenary of the foreign invaders of our country.”

In South Kivu, Tommy Tambwe’s province, this appointment also seems to be problematic. Civil society organizations as diverse as the Solidarité des jeunes fuliiru (SOJEF) and the Banyamulenge Mutual Societies Coordination Committee have denounced his selection as the head of the P-DDRCS.

The new P-DDRCS National Coordinator rejects such criticism. During an interview with KST in Kinshasa on September 1, he promised that, as from his first trip to eastern DRC, his delegation would “improve the living conditions of those who had already surrendered,” and that “many new combatants would surrender and be welcomed.” This trip was to have taken him to the provinces of “Ituri, North Kivu, South Kivu, Tanganyika and Maniema.”

Will the Donors Support the New Program?

Another challenge is to convince the donors to back the program. Tommy Tambwe has stated that the Congolese state will contribute its own funds to this program. “We have recovered 1.1 million USD from the budget lines of the STAREC and PN-DDRC,” [two institutions replaced by the P-DDRC], he specified to KST. “This would be used to become operational immediately but is insufficient. We are currently in talks with the executive to find further funds from the already approved 2021 budget. And we will also develop the budget for 2022.”

The level of state support therefore remains to be defined. There are justified fears that it remains insufficient without the help of foreign donors. DDR3 in particular had failed on that issue: potential funders, chastened by the suspicions of corruption and misappropriation of funds in previous programs, had believed that the necessary guarantees had not been forthcoming.

Does the international community have a positive view, at this point, of the new P-DDRCSy? Upon the presentation of the idea of a community DDR by the governors of North Kivu, South Kivu and Ituri in October 2020, the Ambassadors of the European Union, United States, Great Britain and Canada had expressed their support.

However, an initial hitch occurred during the publication of the ruling establishing the P-DDRCS on July 4. A Western diplomat questioned by KST was unpleasantly surprised to discover that the structure of the program allocates less decision-making to the three regions the most affected by insecurity than he expected. He fears that centralizing the program jeopardizes its effectiveness.

Tommy Tambwe’s profile has also raised concerns in Western diplomatic circles in Kinshasa; such concerns have been strengthened by the reaction of civil society and armed groups. However, no foreign country has publicly criticized his appointment, leaving the door open for collaboration. According to a source close to the program, funders will not try to change the President’s mind on the subject of his appointment. It remains to be seen, however, whether they are willing to fund the program.

On August 24, in Kinshasa, Tommy Tambwe met with eight diplomatic delegations (those of the United States, United Kingdom, European Union and of several of its member states, in particular). Several sources who took part in this meeting have indicated that it went rather well: delegations had the feeling that their concerns had been taken on board by the new P-DDRCS Coordinator and his team. It is expected that they will be invited to join the steering committee.

But not all issues have been solved. According to a source at the World Bank, it has already rejected the idea of directly funding the P-DDRCS. This doesn’t mean that no funding will be provided for projects within the framework of this program, but the Bank – and all the diplomats in communication with KST – appear to want to avoid funding the national structure as such. In the long term this could cause problems by weakening the capacity of the P-DDRCS to administer its entire program, in particular with carrying out tasks such as the identification and monitoring of demobilized combatants. These funders however have not ruled out providing technical support to the program, along with MONUSCO, which has also undertaken to support the new program.

Which Strategy Should be Adopted? 

For the P-DDRCS to work, it also needs a strategy capable of having learnt from previous failures.

It has a few arguments in its favor. Firstly, the political context has changed compared with previous programs: after 18 years of Joseph Kabila’s reign, the rise to the head of the country of a president who has not taken part in armed conflicts in the last 20 years is a window of opportunity to convince armed groups to lay down their weapons.

The struggle against Joseph Kabila’s regime had long been the corner stone of the armed groups’ leader’s justification for taking up arms. Ever since the arrival of President Félix Tshisekedi in January 2019, several groups (in French) had spontaneously expressed the wish to join a DDR process to “serve” the country.

Also, if we were to wonder about the relevance of the state of siege in fighting against insecurity in the east, this is a measure of the will of the government to do something about this issue. As underlined by the government’s spokesperson in a Débat Africain podcast, the state of siege banks on its psychological effect: it shows the government’s commitment to put an end to armed group activities in the provinces concerned.

Another advantage of the P-DDRCS is that it is the fruit of the merging of STAREC and the National DDR Program, two institutions which were previously under two different ministries (Planning as regards the STAREC and Defense as regards the PN-DDR), which led to redundancies and conflicting competences.

However, who conducts security policies in eastern DRC has not been entirely clarified. This remains split between the P-DDRCS, under the presidency, the Ministry of Defense, led by Gilbert Kabanda, and the National Oversight Mechanism (NMS) of the Addis Ababa Framework Agreement, led by Claude Ibalanky.

Lastly, there remains the task of implementing a clear and convincing strategy. This program’s vocation is to be community-oriented. This is itself an interesting idea. In “Untangling the Gordian knot of insecurity”, the Rift Valley Institute proposed that in 2013 the previous program had been insufficiently community-oriented. The authors noted that by only targeting combatants, the DDR had undermined reconciliation efforts since “the communities that they return to had the impression that those who had taken up arms were being rewarded by giving them money and professional training.

During his first trip to eastern DRC, Tommy Tambwe plans to “implement in each province “Consultation Frameworks for Peace Program Support” (CCAPs) with the authorities, civil society, customary chiefs, religious confessions, tribal mutual societies, NGOs, youth, women, etc.,” he told KST. “We do not want people to come and say afterwards that they had not taken part in the process,” he added.

“However, the strategy itself remains to be developed along with MONUSCO specialists,” he clarified.

The Dilemma Posed by Reintegration

This strategy will invariably collide with the social reintegration of combatants into communities and the issue of their possible integration into the armed forces.

Providing economic alternatives to former combatants is an essential part of reintegration into the community. However, such alternatives should be fit-for-purpose. In the past, reintegration programs led former combatants towards ill-adapted activities (work in mills, hairdressing, etc.), since they didn’t have the skills required to take on such roles.

Also, the ruling establishing the DDRCS specifies that integration into the armed forces will only be possible on an individual basis. This is a means of rejecting collective integrations, which have occurred in the past. Such military integration is seen as a red line by the international community and by civil society, as it perpetuates the cycle of violence and impunity by incentivizing the taking up of arms to eventually benefit from this type of program.

However, this intransigence may well be difficult to apply, particularly for the armed groups which have already started a demobilization process. This is the case, for instance, of the Union of Patriots for the Liberation of Congo (UPLC) or the Patriotic Resistance Front of Ituri (FRPI), which have received the promise that its members will be integrated into the army, along with recognition of their ranks. This is the basis upon which they accepted to remain billeted in camps. The hope of amnesty and integration into the FARDC is also often one the main motives for armed groups to surrender. According to some reports, the historic head of the Nduma Defense of Congo-Rénové (NDC-R), Guidon Shimiray, has recently proposed this type of condition prior to considering his surrender.

The new leaders of the P-DDRCS are faced with multiple challenges: convincing skeptical funders of their ability to develop an effective program; lead it to its successful implementation; and breaking with past practices whilst finding a way of motivating combatants to surrender. This will be no small challenge.

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.

In the Highlands of South Kivu, a Political Impasse and a Chain of Desertions

Un soldat des FARDC à Minembwe, en octobre 2020 (DR)

Since the start of the year, at least four senior FARDC officers have deserted to join an armed group in the highlands of South Kivu. Their lack of confidence in President Félix Tshisekedi, now alone at the head of the DRC, and his ability to solve the area’s problems appear to have been determining factors.

By Pierre Boisselet, Coordinator of the Kivu Security Tracker.

In 2020, the desertion of FARDC Colonel Michel Rukunda, aka Makanika, had been at the forefront of Congolese public opinion. Since the start of 2021, four senior officers have already left the ranks of the Congolese army according to Kivu Security Tracker (KST) sources. The most emblematic example is that of the desertion of Colonel Charles Sematama, commander of the 3411th Regiment of the FARDC in Kitchanga (Masisi territory, North Kivu), at the end of February (in French). However, other examples include Lieutenant-Colonel Mufoko Jolie Rungwe, Major Patrick Muco or Major Senanda.

Similar to Makanika, these four officers are from the Banyamulenge community and have all moved to the highlands of South Kivu and have joined the “self-defense” community militia Twigwaneho (“let’s defend ourselves” in Kinyamulenge).

Some of the desertions may have been motivated by personal concerns. Colonel Charles Semata, for example, in the latest interim report by the UN Group of Experts, was reported to have cooperated closely with armed group head Gilbert Bwira and was part of the group of officers called by Kinshasa for training. This may have played a part in him feeling threatened to be arrested.

However, the scale of these desertions suggests a deeper problem. According to a western diplomatic source, at least six officers and 20 soldiers are reputed to have left the FARDC in 2021 to join the Twigwaneho. Having emerged in recent years, this armed group was behind a “self-defense” movement comprised of Banyamulenge civilians from the area’s villages or the diaspora. Though largely decentralized, a more organized group has coalesced in Makanika in Kamombo (Fizi territory). The latter group has inflicted heavy losses on the Congolese army like at Tuwetuwe (where six FARDC soldiers died in July 2020).

Do such desertions presage the birth of a large-scale rebellion against Kinshasa’s hold on South Kivu?  For the time being, this rebellion seems highly unlikely. The arrival of officers from the army’s ranks might make it easier for the Twigwaneho to organize an uprising. However, at the same time, several Twigwaneho combatants have defected, including nine who surrendered to the UN Mission in the DRC (MONUSCO) in recent weeks according to one of KST’s UN sources. “Eight of them are Hutus from Kalehe territory (South Kivu), who were promised money for tending cows. But in the face of attacks by Mai-Mai groups, they were unable to defend themselves.” For the time being, the movement seems to have found it difficult to broaden recruitment beyond its community of origin. Moreover, Banyamulenge armed groups remain divided: the leadership embodied by Makanika is being contested by Shyaka Nyamusaraba, the head of a smaller group, the Ngumino (“let’s stay here” in Kinyamulenge). These two groups clashed in Rukuka in November 2020. Above all, the vast majority of Banyamulenge officers in the Congolese army, particularly the highest ranking, have remained faithful to the government in Kinshasa.

The hard-to-reach region of the highlands (peaking at over 3400 meters in altitude), however, remains a breeding ground for Banyamulenge (sing. Munyamulenge) armed groups. Since the emergence of the “Abagirye” (derived from guerrier, French for “warrior”) in the 1960s, the highlands have been the birthplace of successive armed movements, fueled by the minority’s feelings of exclusion, insecurity, and discrimination. Traditionally made up of cattle breeders, the Banyamulenge’s spoken language is very closely related to that of its neighbors, Rwanda and Burundi, which feeds the suspicion that they are in collusion with foreign powers. Moreover, contrary to other peoples in the area who consider themselves “indigenous” (the Bafuliru, Babembe, Banyindu, or Bavira), no Munyamulenge traditional chief has a chiefdom, grouping or sector (the local administrative entities governed by customary power). Also, as they are not in the majority in any electoral district, the Banyamulenge are rarely elected. For decades, all of this has fed the desire to create an administrative entity in which they would constitute a majority.

The situation considerably deteriorated in the 1990s. The integration of some young Banyamulenge into the ranks of Paul Kagame’s RPA (Rwandan Patriotic Army) reinforced the perception that the community as a whole was serving foreign interests. In 1995, the transition parliament in Kinshasa and the authorities in Uvira territory officially excluded the Banyamulenge from the Zairian nation and called for their expulsion, which led to new acts of discrimination, looting, and further rallying to the APR.

Prior to the invasion of the country by the Alliance of Democratic Forces for the Liberation of Congo-Zaire (ADFLC) of Laurent-Désiré Kabila, which was supported by Rwanda, Uganda and Burundi, a vanguard comprising of Banyamulenge had been sent to take position in the highlands. The vanguard caused a terrible cycle of killings, retaliation, and discrimination. This trauma is still keenly felt to this day. Due to these events, every armed group made up of Banyamulenge is suspected of inciting a regional war. Others have gone so far as to accuse the Banyamulenge of the  “balkanization” of the Congo – a baseless theory that says there is an international conspiracy to divide the DRC into several autonomous states.

Some members of the Banyamulenge community have attained positions of power due to their AFDL membership and involvement in the Rally for Congolese Democracy (RCD). The RCD was an uprising backed by Kigali which controlled a large part of Eastern Congo for a long time. This rise to power is exemplified in the case of Azarias Ruberwa, who was Secretary General of the RCD. After the Sun City Agreement, which put an end to the war in 2002, Ruberwa became Vice President of the Democratic Republic of the Congo then later a very close advisor to President Joseph Kabila. Many Banyamulenge combatants also became senior officers in the FARDC through this agreement and through successive integrations of rebels in its ranks.

Despite the Sun City Agreement, violence never really ceased in the highlands of South Kivu. Since 2016, and even more so in 2018, the violence has intensified. In addition to the main causes of the upsurge in violence, there are three other causes to consider. The first being the abuses committed by the Ngumino against civilians and the traditional chiefs of other communities (such as Chief Munyindu Kawaza Nyakwana who was killed). Second, the open-arms policy by these same groups of Rwandan rebels of the Rwanda National Congress (RNC) of Kayumba Nyamwasa. And third, the 2018 decree confirming the creation of the rural commune of Minembwewhich did not fall under the authority of the South Basimunyaka grouping. These causes gave rise to powerful hate speech against the Banyamulenge and has reignited the rhetoric of “balkanization,” particularly taken up by the opposition politician Martin Favulu and several representatives of the Catholic Church.

On the ground, a significant coalition of armed groups has come together to fight the Ngumino. This coalition comprises of the Mai-Mai Yakutumba, Ebu-Ela Mtetezi or Biloze Bishambuke (from the “indigenous” communities), and Burundian rebels of the Résistance pour un Etat de droit (RED-Tabara) who are backed by Rwanda according to Burundian authorities. The coalition has committed several atrocities against the Banyamulenge by setting their villages on fire and looting their cattle (an essential asset in the highlands of South Kivu), thereby forcing them to live in a few enclaves such as that of Minembwe. On the Banyamulenge side, the “Twigwaneho” militias have become the main armed movement and have in turn committed just as many abuses against civilians of other communities present in the highlands, which has also led to population displacement. Last August, the United Nations Joint Human Rights Office estimated that the total number of displaced (across all communities) in the area amounted to 110,000 (in French).

All the above however does not explain why this wave of desertions from within the FARDC only occurred in 2021. The arrival of the Mai-Mai Yakutumba (the most powerful armed group in South Kivu) in the highlands, whose presence has been confirmed since the start of the year, may have played a role, by increasing the perceived threat.

However, above all, it appears to coincide with the break-up of the national political coalition between the Heading for Change (Cap pour le changement in French (Cach)) of President Félix Tshisekedi and the Common Front for Congo (Front commun pour le Congo in French (FCC)) of his predecessor Joseph Kabila. The main Banyamulenge political leaders on the national political scene (the Minister of Decentralization, Azarias Ruberwa, and the MP Moïse Nyarugabo in particular), are part of Kabila’s FCC, and have not joined the Sacred Union of the Nation (USN) as the president had hoped after the break-up. “The president did not even invite us to national consultations,” said Moïse Nyarugabo when interviewed by KST.

Although the authority of Ruberwa and Nyarugabo is contested by part of their community, no new political leader of national stature has truly emerged. Of the 48 members of the Provincial Assembly of South Kivu there are no Banyamulenge members. “Ruberwa was contested, but we knew that he had Kabila’s ear,” explains a community leader who wishes to remain anonymous. “Since Kabila lost power, we have lost any political outlet.” This is especially the case since Azarias Ruberwa is currently out of the country receiving medical treatment in South Africa.

Many Banyamulenge also doubt Félix Tshisekedi’s sincerity and capacity to defend them. In an interview with BBC Gahuza, deserter Colonel Charles Sematama justified his decision by referring to the president’s broken promises to stabilize the country (in French).

Tshisekedi’s close ties with the Rwandan authorities also arouse deep mistrust. It is true that the community is divided and the regional alliances of all the factions are unknown. However, many Banyamulenge have tense relations with the Kigali government. This tension was clear when the March 23 Movement (M23) was created in 2012. Virtually no Munyamulenge soldier joined this new Kigali-supported uprising led by Tutsis of North Kivu. A significant number of Banyamulenge officers, such as General Jonas Padiri, had even been at the forefront of the FARDC fighting against the movement.

Nonetheless, security cooperation between the DRC and the Paul Kagame-led Rwanda is thriving more than ever since Tshisekedi broke off his alliance with Kabila. Rwandan military delegations traveled to Kinshasa (in French) on at least two occasions since the start of the year (the last time was on Monday March 15th when some ten delegates, mainly Rwandan senior officers, traveled to the DRC). Additionally, a Congolese delegation, led by the president’s security advisor, François Beya, traveled to Kigali in February (in French). “We are here to say that we are united and that there will never be conflict between us,” declared Beya at the time.

Similarly, Félix Tshisekedi’s personal involvement in the issue of the highlands has been criticized by the community. In a January 2020 speech in front of the Congolese diaspora in London, Tshisekedi courageously confirmed that the Banyamulenge were Congolese (in French). Booed by the public, he has not dared declare it again since.

Then, in October 2020, he became even more unpopular in the Banyamulenge community. Major controversy ensued after Ruberwa attended the official mayoral appointment ceremony in Minembwe because no other mayor of a newly created rural commune had ever received the same treatment. In the face of the national uproar caused by this ceremony, the president had suspended the process and announced the creation of a scientific commission designed to decide on its legitimacy and propose solutions.

“This premature appointment is undoubtedly a political error. But in the end, we have to admit that Kabila gave us the rural commune of Minembwe and that Tshisekedi has taken it away from us,” complained a Munyamulenge community leader.

Five months after this announcement, the scientific commission has still not been assembled, let alone made any proposals to end the current crisis. In the absence of political process, there is a real danger that more Banyamulenge soldiers choose the force of arms.

Divisions between Tshisekedists and Kabilists Paralyze the State in Eastern DRC

In Kanyaruchinya, near Goma, July 15, 2013. (Monusco Photo by Sylvain Liechti)

The division between President Felix Tshisekedi’s camp and that of his predecessor, Joseph Kabila, prevents, for the time being, the adoption of a coherent strategy to stabilize eastern DRC.

By Pierre Boisselet, Coordinator of the Kivu Security Tracker.

2127 civilians killed, 1450 abducted, 938 kidnapped… The Kivu Security Tracker (KST) recorded record-high deaths, abductions, and kidnappings for ransom during the first twenty months of Félix Tshisekedi’s presidency. This toll is even heavier than that of the last 20 months of his predecessor, Joseph Kabila (1553 civilians killed).

The difference is due mainly to the resurgence of killings perpetrated by the Allied Democratic Forces (ADF)– the very one that President Félix Tshisekedi had promised to “definitively exterminate” during a “final offensive” in October 2019.

In order to fulfill this promise, and, more broadly, to eliminate all foreign armed groups present in the Kivus, the Congolese president first attempted to set up a regional military coalition. He organized several meetings in Goma with neighboring countries’ armies’ chiefs of staff in September and October 2019.

Already at that time, Joseph Kabila’s political coalition, the Front Commun pour le Congo (FCC), opposed this project. And the deep divisions between Rwanda on the one hand, and Uganda and Burundi on the other, as well as the opposition of a large part of Congolese public opinion, finally killed the project.

But on October 31, 2019, the FARDC, most of whose generals were appointed during Kabila’s time, launched a unilateral offensive. MONUSCO, which had not been involved in the planning, did not participate.

One year later, results on the ground are sorely lacking. Despite the announced reconquest of certain ADF strongholds, the operation has largely failed to put this Islamist group out of action. In fact, the ADF has committed far greater massacres since the beginning of the offensive (more than 640 civilians killed in attacks attributed to the ADF in the past year, compared to 195 the year before). On the ground, the FARDC offensive is now largely at a standstill. The Congolese military seems to have become the target in this conflict: of the eight clashes between the FARDC and ADF recorded by the KST in August, for example, the ADF were the initiators in seven cases. “When the president wanted to launch this offensive, the generals accepted it because it allowed them to get the funding that went with it,” a senior FCC official commented to the KST “but they never really believed in it.”

This offensive against the ADF illustrates, among other things, the lack of a coherent, coordinated strategy among the various Congolese and international political leaders to stabilize eastern DRC. Félix Tshisekedi’s rise to power has not, for the moment, made it possible to remedy this.

In Kinshasa, a multitude of Congolese institutions play a role in the politics of the country’s east. However, these institutions are divided between the coalition of the president and that of his predecessor. The Minister of Defense, Aimé Ngoy Mukena, is close to Joseph Kabila. But the Deputy Minister of Defense, Sylvain Mutombo Kabinga, is a fierce supporter of Tshisekedi, as is the Minister of the Interior, Gilbert Kankonde. The National Monitoring Mechanism of the Addis Ababa Agreement (MNS), which is expected to publish a roadmap for stabilizing the country, is headed by Claude Ibalanky. Ibalanky, a close associate of Tshisekedi, comes from the diaspora and does not have extensive experience dealing with conflict dynamics in eastern DRC. “We do not know who is in control” a European diplomatic source revealed in an interview with the KST. In his speech to the nation on October 23, President Tshisekedi cited “issues relating to peace and national security” as the main reason why there are “differences that persist between parties” to the ruling coalition.

Indeed, not all personalities playing a role in the east are pulling in the same direction. This has been evident of late in the “hauts plateaux” (highlands) of South Kivu, where a conflict pitted several militias from the Fuliru, Bembe, Nyindu, and Vira communities against those from the Banyamulenge community. This conflict, which has gone through repeated cycles of violence for several decades, has resumed with renewed vigor since Tshisekedi’s presidency: the main belligerents (Mai-Mai René, Ebu Ela, Biloze Bishambuke, Twirwaneho, Gumino and Makanika) have killed at least 81 civilians in the past year, a sharp increase over the previous year (35 killed), according to KST figures.

In August, Tommy Thambwe Rudima, a former member of the Rassemblement Congolais pour la Démocratie (RCD) rebellion, traveled to the highlands to try to defuse the conflict. He is affiliated with the NGO Interpeace, and apparently also held a presidential mandate, which a source in the head of state’s office confirmed to the KST. However, at the MNS, a source interviewed by the KST said that he was unaware of this mission, and even went so far as to suggest that Thambwe Rudima was probably an imposter.

Then, in mid-September, Tshisekedist Deputy Minister of Defense Sylvain Mutombo traveled to Murhesa, near Bukavu, to participate in talks between armed groups organized by the NGOs Search for Common Ground (SFCG) and the Initiative for a Cohesive Leadership (ILC). This initiative was funded by the governments of the Netherlands, Sweden, and Switzerland, but was criticized by other donors and many sources in MONUSCO as being premature. Among the participants were representatives of the main belligerents in the highlands who eventually signed a very fragile ceasefire on September 16.

During the following days, relative calm prevailed in the region. But on September 28, Defense Minister Aimé Ngoy Mukena and Decentralization Minister Azarias Ruberwa, both FCC members, traveled to Minembwe to participate in the official induction of Gad Mukiza, a Munyamulenge, as mayor of the rural commune. This ceremony, held at a time when other local entities in South Kivu were still waiting for their administrative status to be formalized, was perceived as a provocation by a large part of the Congolese public. As a result, Félix Tshisekedi himself visited Goma on  October 8, promising to “cancel what has been done” in Minembwe. Since October 19, violent clashes have resumed in the highlands.

The rivalry between Tshisekedi coalition’s Cap pour le changement (CACH) and the FCC is also evident – and deleterious – in the development of a new Disarmament, Demobilization and Reintegration (DDR) program. While many of the armed groups in eastern DRC justified their struggle as being against Joseph Kabila’s presidency, Felix Tshisekedi’s term in office has sparked a real wave of voluntary demobilizations since the beginning of the year. Most of these combatants found themselves in cantonment camps. However, due to a lack of resources allocated to these camps, particularly food, most of them fled and returned to the bush.

With bitter memories of previous DDR programs, which they considered to be ineffective and non-transparent, donors did not release the funding that was hoped for for “DDR 3.” “The state was not fulfilling its part of the contract, which was to feed the cantoned combatants,” explained a source close to the dossier.

Félix Tshisekedi has therefore promoted a new approach: so-called “community-based” DDR. This was initially launched by governors of South and North Kivu, as well as Ituri, and is coordinated by Clovis Munihire, under the acronym “CIAP-DDRRRC”: Commission interprovinciale d’appui au processus de désarmement, démobilisation, réinsertion, reintegration et réconciliations communautaires. Its promoters want to change DDR methods, for example by avoiding the problematic DDR stage of confinement in military camps. The idea would now be for them to remain in their communities of origin. This approach also rules out any collective reintegration of combatants into the FARDC.

After having raised a certain amount of skepticism among the DRC’s main donors and MONUSCO, the project now seems to have the consent of the majority from this group. Most western ambassadors supported the new approach after a meeting with the president on October 22, where no FCC minister was present.

In fact, the president’s camp is hampered by the presence of people close to Kabila in key positions. Until now, DDR programs have been coordinated by the Stabilization and Reconstruction Plan for Eastern DRC (STAREC), the Congolese agency that is supposed to implement these programs with the international community. It is also this structure that controls the donor-funded Stabilization Coherence Fund (SCF).

STAREC is coordinated by Alain Kasindi, a man reputed to be close to Néhémie Mwilanya, the National Coordinator of the FCC, and is placed under the authority of the Deputy Prime Minister and Minister of Planning, Elysée Munembwe, who is also from the FCC.

According to a source related to the case, the Tshisekedi camp sees STAREC as a tool to capture funds for the benefit of the FCC. According to a UN source, the president intends to create a new structure, attached to the presidency, which would allow him, among other things, to control STAREC. Thus, in Goma the president announced the forthcoming appointment of a National Coordinator for community DDR.

The issue of funding for these projects, however, remains unresolved. During his visit to Goma, the president announced that $50 million would be allocated to DDR. According to a source at the World Bank, however, this money was not intended to finance DDR-C, but the “Social Fund for the DRC” to support communities affected by violence. Faced with a fait accompli, however, the Bank finally announced “a dedicated stabilization project to support the governors’ initiative in the east,” the parameters of which have yet to be defined.

In addition, the DRC is eligible for new funding under the World Bank’s Prevention and Resilience (PRA) allocation. This funding, provided by European diplomatic sources, totals $700 million. However, the Congolese government must meet several conditions in order to release these funds, including the publication of a comprehensive strategy for stabilizing the country. To date, the World Bank believes that the Congolese government has not met this condition.

Who’s Stealing the FARDC’s money?

On the afternoon of February 20, the green Congolese army jeep was speeding along National Road 2, between Goma and Rutshuru-center. In the jeep were seven FARDC soldiers and some precious cargo: the wages of the 3416th regiment. Over 100,000 USD in cash.

But as it approached the village of Rwaza, the convoy was brought to an abrupt halt. “The attackers had blocked the road and positioned themselves to stop the arrival of reinforcements,” explained a FARDC officer in his office at the 34th Military Region’s headquarters in Goma. “When the jeep arrived, any retreat was effectively blocked off. None of the passengers survived. It was the work of professionals.”

Is it conceivable that such an ambush could take place without collusion from within the army? An investigation has since been launched by the military prosecutor’s office. But the Sukola-2 operational sector spokesperson, Major Guillaume Ndjike, has already accused the Democratic Forces for the Liberation of Rwanda (FDLR-Foca). In his view, they are the main enemy forces operating in the area.

However, data analysis by the Kivu Security Tracker (KST) suggests that Rwaza has not been part of the area of operations of this group for at least six months. The areas surrounding the village have, however, been impacted by incidents involving the FARDC and the Nyatura FDP (Forces de défense du peuple) militia, who are allied with the FDLR.

The red star indicates where the ambush took place on February 20, and the colored dots show the incidents recorded by the KST over the previous six months.

Whatever the case may be, the attackers vanished into the Virunga National Park with their loot. All that remained was the soldiers’ resentment, deprived as they were of their meagre salary. This feeling of resentment was violently expressed in the hours and days that followed: FARDC soldiers retaliated indiscriminately, killing four civilians – all from the Hutu community – between February 20 and 23 according to information collected by the KST.

At the 34th Military Region, no one refutes that civilians were killed around the same time as the ambush. But, according to one officer, these were collateral victims of crossfire.

However, the incident is nevertheless a source of embarrassment. Especially as this is the second time in less than a month that soldiers have protested and called for what is rightfully theirs in Rutshuru territory (North Kivu). The last time, it was in Nyanzale on January 27, after soldiers of the 3407th regiment accused their commanding officer of misappropriating part of their food rations. Soldiers had “gone on strike,” shooting into the air and refusing to intervene during a kidnapping. This attitude so annoyed local inhabitants that a “ghost town” (ville morte) day was declared on January 28. Four people, suspected of being kidnappers, were lynched by the mob. However, the army also denies that there was any cause for concern there. “The commanding officer did not misappropriate anything,” explained Major Ndjike. “He simply took some welcome and practical steps: the frozen fish destined for soldiers was going to rot before it could be delivered to this remote area. He therefore decided to sell the fish in order to buy some meat in its place. Only one soldier complained and fired a shot at one of his friends. He was arrested.”

Such eye-opening events are in fact only the visible part of a much larger phenomenon: the chronic inability of the FARDC to pay a decent and regular wage to its soldiers. Often what is at stake are methods for misappropriation and fraud, where some of the cash destined to pay troops is misappropriated by commanders, or where commanders fraudulently claim troop numbers well in excess of reality, to embezzle the wages of fictional soldiers.

The use of such methods – and particularly inflating troop numbers – has been widespread since the FARDC was created in 2003. At the end of the Second Congo War, this army was created by bringing together the troops of several warring parties after the signing of the Sun City Agreement: the Congolese Armed Forces (FAC), the Congolese Rally for Democracy/Liberation Movement (RCD/ML) and National (RCD/N), the Movement for the Liberation of the Congo (MLC) and the Mai-Mai groups (in French). Each party found it advantageous to artificially increase the number of its combatants, to exaggerate its troop numbers – and its capacity to misappropriate. An assessment carried out by South Africa in 2004 estimated that between 30% to 50% of the new FARDC troops were fictitious.

Despite efforts to improve the system, including by deploying a biometric census and separating the payment chain from the command chain with the support of the European Union (EUSEC) from 2005, problems have remained. Successive waves of integrating rebels, sometimes in haste, such as the National Congress for the Defense of the People (CNDP) in 2009, have added to the ongoing confusion and inflation of troop numbers. In 2011, the regimentation process (the restructuring of the Congolese army from brigades into regiments) which aimed to remove fictitious troops, again revealed the scale of the problem. For example, in the province of South-Kivu, the official recorded troop count of 35,000 was re-evaluated at less than 16,000.

In 2012, the government of Prime Minister Matata Ponyo attempted to put an end to the misappropriation of wages by using the banking system to pay soldiers’ wages directly into a bank account rather than through their commanding officers.

Although this system, still used today, did prevent some embezzlement and improved the timeliness of payments, other problems remain. First, not all regiments have access to this system. Those which were created recently, or those based in remote areas far from any bank branches, can still opt to be paid in cash. This is the case for the 3416th Regiment, which explains that their wages, physically transported, were able to be stolen in an ambush.

Second, commanders may be tempted to hide their losses to keep control of the wages of dead (“ghost”) soldiers or deserters. “Using the banking system to pay soldiers’ wages directly into their bank accounts, which in theory prevents this practice, is sometimes subverted because commanders can fabricate powers of attorney to withdraw the money,” explains a source who for many years worked for one the banks used by the FARDC. “Widows regularly complain that their deceased husbands’ wages have been withdrawn without them knowing who made the withdrawal.”

Lastly, only wages are paid directly into bank accounts. The various bonuses are still paid in cash. And they quickly add up: operational funds, funds for provisioning during operations, command responsibility bonus, special intelligence funds, funds for conducting operations, funds for healthcare and funerals, funds for provisioning… In her thesis, published in 2015, the researcher Judith Verweijen listed seven different types of bonuses, which provide as many opportunities to embezzle. In total, these funds represent a greater amount of money than the wages of soldiers themselves.

This issue is therefore vital for Félix Tshisekedi, who has set his sights on improving the living conditions of soldiers to increase his popularity within the army, with whom he had little contact before becoming president.

Also, the former head of military intelligence, Delphin Kahimbi, on January 9, during an operation against the Allied Democratic Forces (ADF), had warned that “dissatisfaction” was “insidiously growing” in the ranks of the FARDC, “due to non-payment of bonuses and other funds (FP, FHF, etc.) for nearly three months, exacerbating to some extent the precariousness of their living conditions” in a leaked letter (in French).

Is this evidence of a cause and effect relationship? An increase of ten USD per month came into effect in January 2020. According to a source at the Ministry of Finance of North Kivu, soldiers with the lowest incomes are now paid 156,000 Congolese Francs per month, or 92 USD.

However, for such measures to have an impact – and allow Félix Tshisekedi to gain an upper hand in his power struggle with Joseph Kabila (in French) – this money still needs to get to its recipients.

In this regard, steps have been taken since the last presidential elections. The 2020 Finance Law lists approximately 205,000 “base salaries of regular staff” for “military, police and security” compared with 221,000 the previous year, which suggests troop number lists have been cleaned up.

Also, military hearings have been conducted in recent years on the issue of misappropriation of funds. This was the case of General Fall Sikabwe, Commander of the 3rd FARDC Defense Zone (in French), who was called to Kinshasa to be questioned on suspicions of misappropriation of funds – a relatively rare event at this level of the military hierarchy.

President Félix Tshisekedi also appears to be pressured to take this approach by the United States, a “strategic partner for peace and prosperity” of the DR Congo. On February 27, the US Ambassador, Mike Hammer, tweeted: “As we have consistantly (sic) said, those who are corrupt, commit violations of human rights, or disrupt the democratic process should be held accountable,” in reaction to the news that General Delphin Kahimbi had been suspended as military intelligence chief (in French).

However, will these hearings and warnings suffice to remediate the way the FARDC handles its money? Judith Verweijen has misgivings. “The issue of embezzlement of wages is only a small part of a vast system of generating revenue within the army,” she explains. “Commanders generate considerably more income by means of trafficking or illicit taxation, at roadblocks or mining sites. And they have to give some of this income to the senior military staff who appointed them. This system is therefore deeply entrenched at all levels and I am not convinced that increasing soldiers’ wages is enough for it to stop”.

Photo: 401kcalculator.org

Congolese Army’s Optimism Undermined by New ADF Massacres

The town of Oïcha, located on the Beni-Eringeti trunk road, where several massacres have been committed since November (2019 World Bank/Vincent Tremeau)

It was January 10 of this year. After two and a half months of operations and massacres against civilians, the Congolese army (FARDC) announced that they had taken “Madina,” the headquarters of the Allied Democratic Forces (ADF), a Uganda-based Islamist group which has been killing Beni’s population for over six years. Better still, the FARDC announced that they had killed five of the ADF’s six heads. What followed was a period of relative calm and there was hope among the inhabitants of Beni territory that the killers had finally lost the war (in French).

However, since then, there has been a worrying upsurge in the number of massacres. 38 civilians were killed by stabbing in the villages of Manzingi and Mebundi on January 28, the deadliest day to date since the start of this recent wave of killings, which started in November 2019. In Beni territory, other significant massacres were committed on January 29, 30 and 31, and on February 11 and 17, with an additional 38 people killed in Ituri province, which had previously been spared such violence.

In total, more than 393 civilians have been killed since November in attacks attributed to the ADF in North Kivu and Ituri provinces, according to Kivu Security Tracker (KST) statistics. Such recent events contradict the optimism shown by the Congolese army, have caused turmoil within Beni’s population, and dealt a blow to Kinshasa’s credibility. In fact, President Félix Tshisekedi had announced his intention to “definitively exterminate” the ADF last October.

Yet this situation was sadly predictable. Doubts had already been raised on this blog, when we predicted that even if Madina were taken, this would not put an end to the conflict. One indicator in particular pointed to this: the relatively low number of ADF fighters and heads killed or arrested.

Since then, this number has barely risen. The Congolese army rarely communicates the results of its operations, and when it does, such as on January 11 (it had announced the death of 40 ADF combatants and 30 Congolese soldiers during its offensive against the “northern axis” towards Madina), its numbers are questioned by the vast majority of diplomatic and UN sources asked by KST. According to such sources, loss of life numbers are in fact reported to be lower for the ADF and much higher for the Congolese army. “The real numbers communicated to me are some 40 ADF killed, a dozen weapons recovered and nearly 300 deaths of our soldiers since the start of operations,” claimed a local Beni dignitary close to the Chiefs of Staff.

Whatever the case, ADF troop levels, estimated at between 790 and 1060 soldiers in 2019, probably remain high enough to continue to represent a long-term threat.

Moreover, KST was unable to verify the deaths of the five “generals” the FARDC claim to have killed. Contrary to custom when there is a death of a head of an armed group in eastern DRC, very few photos of the bodies of the ADF leaders have been shared on messaging platforms or social media networks. Photos of just one corpse, presented by the Congolese army as that of “Mwee wa Kazi,” appear to correspond to a known ADF head: Nasser Abdu Hamid Diiru, the deputy commander of one of their camps. However, this death has also not been confirmed by independent sources of the Congolese army.

Nasser Abdu Hamid Diiru is the only ADF head whose death has been confirmed by photographs (organigram from the Congo Research Group report “Inside the ADF” of November 2018)

“The offensive was very badly prepared,” said Muhindo Nzangi, an opposition politician from North Kivu. “The FARDC launched a classic operation, to retake ADF bases. But the ADF had anticipated this: they did not fight, except on two occasions, at Lahé and Madina, and only then to slow down the FARDC’s progress and to give their members time to leave. On their side, the ADF carried out deadly ambushes on our soldiers.”

“The hilly, densely-forested terrain is ideal to move around without being seen,” added the French General, Jean Baillaud, who was deputy commander of the UN Stabilization Mission in the DRC (MONUSCO) from 2013 to 2016. “Against such adversaries, occupying static positions is not very useful. If they are weak, they are a target and can be attacked, in which case they become a supply of weapons and ammunition for the enemy. If they are strong, they can easily be bypassed.”

Should we therefore conclude that the operations to date – which have mobilized 22,000 men and 19 generals, according to a UN source – have proved ineffective? Not necessarily. Several signs suggest that the ADF has had to adapt its methods. First, since November 26, they have committed many fewer massacres in urban areas along the Beni-Eringeti trunk road and even less in more remote regional areas.

However, it is these urban attacks which have had the greatest impact. This was particularly visible on November 20, with the attack in Boikene neighborhood, in Beni town, which led to protests against MONUSCO. Google search statistics also show that the November massacres generated much more interest than those of January, even if these led to a similar death toll.

The number of civilians killed in massacres attributed to the ADF remained very high from November to January

But interest in this matter declined substantially (number of searches for the words “Beni Congo” on Google since October 1 – source: Google trends)

Second, there has been food pillaging during several recent massacres. For the ADF, this is rarely their modus operandi. This suggests that their supply lines have been disturbed by FARDC operations.

Finally, recent killings have occurred to the west of National Route 4, in an area located far away from FARDC operations. This gives rise to several, not necessarily mutually exclusive, assumptions. Either the ADF has allied itself with other armed groups in the area, to whom they have “outsourced” the killings. Or some of them, at least, have managed to bypass the enemy to then move around in this area, less covered by security forces. Until the beginning of February, the FARDC had only one platoon in the town of Mangina and MONUSCO had none: its closest base is in Biakato, in Ituri province.

Regardless, the FARDC have inferred that the relocation of the killings to the west of Beni territory is a diversionary attempt by the ADF. “They want to force us to send troops there so that we leave the triangle of death to allow them to retake their bases,” an officer told KST. Nonetheless, according to another military source, a FARDC company was sent to reinforce Mangina at the start of February.

Despite President Félix Tshisekedi’s commitment, the current FARDC offensive could, like its predecessors, fail to defeat the ADF. In January 2014, the FARDC had already launched a major attack against the ADF, with the support of MONUSCO. After four months, they announced that they had retaken “Madina.” Then, in October, large-scale civilian massacres had occurred: 345 people had been killed within a period of three months.

The FARDC ended up leaving the forest, and the ADF was more or less been able to retake their former positions. “With hindsight, I realize that we had an overly binary approach to the conflict,” admits Jean Baillaud today. “We thought that the ADF were a clearly identified enemy whom we could defeat in a military operation. In reality, and today it’s clear, it’s not only an armed group, it’s also a network which controls large swathes of the local economy and enjoys a lot of support.”

To defeat this enemy, there might well be a need to implement a more holistic strategy, which leverages the Congolese intelligence services, justice system and diplomatic corps, and which targets not only the ADF themselves but also their financing, recruitment, and support networks both in the DRC and the region. Failing that, purely military offensives appear to be doomed to fail.

“Balkanization,” Regional Tensions or State Weakness: the Real Threats to Stability in the Kivus

A FARDC (Congolese army) camp close to Kibumba (North Kivu) during the March 23 Movement (M23) crisis in 2012 (UN Photo/Sylvain Liechti)

The scene took place in Baraka, in South Kivu, on January 17. A young militant from the Congolese Lamuka opposition coalition, wearing a white headband, whipped up the crowd in a hate-filled frenzy. While giving the Banyamulenge 48 hours to leave the country, he ordered that those unwilling to do so be forced out and issued threats against all those who assist or give refuge to members of this Rwandophone Congolese minority.

Was this a random event? This outburst was the result of a national protest called by the opposition (in French) against the “balkanization” of the country. In DR Congo, this term refers to the fear that there is a plot by neighboring countries, in league with certain communities living in Congo, to annex its rich land in the country’s east. According to this theory, these states are alleged to have clandestinely sent their citizens to DR Congo to prepare this annexation. Often, it is the Tutsi communities of the region, and specifically those from Rwanda, who are labeled as conspirators.

This topic, regularly raised in Congolese public debate, was strengthened in the nineties and noughties, by the occupation of large parts of the Congo by rebels partly led by members of the Rwandophone Congolese community, who were backed by Uganda (RCD/K-ML) and Rwanda (RCD-Goma).

In recent weeks, it has become increasingly popular, particularly since a press briefing by Cardinal Fridolin Ambongo (in French), the highest ranking Catholic authority in the country, during a visit to Beni. In his speech, he claimed that the massacres committed in that territory since November had been “planned” with the “aim of balkanizing our country.” “This [can be] verified by the replacement of displaced populations by populations that are generally Rwandophone and Ugandophone (sic)” he added, denouncing the “discharge” of populations by neighboring countries into Congo, namely Uganda, Rwanda, and Burundi.

Despite the prelate’s careful language, which also confirmed the Congolese nationality of some Rwandophone communities, including the Banyamulenge, the dissemination of this argument could heighten mistrust of these communities. Several hateful messages, similar to those of Baraka, have circulated on social networks throughout the month of January.

These suspicions have also been increased by the awkward comments of Vital Kamerhe, the president’s chief of staff, who was recently in Rwanda to attend the wedding of the son of the former Rwandan Minister of Defense, James Kabarebe. He was said to have offered 30 cows to “strengthen relations”  between Rwanda and Kivu (in French), as though the eastern provinces of DR Congo were a separate entity to the rest of the country.

Martin Fayulu, the opposition politician and candidate in the last presidential elections who has been using the rhetoric of balkanization for several years (in French), took advantage of this situation to repeat his argument, even publicly accusing President Félix Tshisekedi and his predecessor, Joseph Kabila, of carrying out this project (in French). In private, he even claims that Félix Tshisekedi is seeking to complete the project of “balkanization” together with Rwandan President Paul Kagame.

This argument, which offers a simple explanation to complex problems, has met with genuinely popular success. And the intense clashes, which have affected three areas in eastern Congo in recent months, have contributed to its increased popularity.

First, Mgr. Ambongo cited the clashes in Beni territory in support of his speech. There, 312 have been killed since November, mostly by the enigmatic Islamist uprising of Ugandan origin, the Allied Democratic Forces (ADF), according to the latest death toll by the Kivu Security Tracker (KST, in French). This modus operandi, which is particularly brutal and difficult to understand, has in fact led to the internal displacement of civilians fleeing the massacres.

The second area affected by intense clashes is the highlands of Fizi and Uvira. There, armed groups from local Banyindu, Babembe, and Bafuliru communities are disputing the creation of the rural commune of Minembwe, which is located in a Banyamulenge-majority area. Violent acts have been committed against civilians in addition to cattle theft. At the same time, Banyamulenge armed groups, claiming to defend their community, have also committed abuses against civilians. Many villages have been burned during this crisis, which has also led to population displacement. The defection from the Congolese army of Colonel Michel Rukunda, aka Makanika, himself a Munyamulenge, at the beginning of January, has fed into the idea that a vast Banyamulenge uprising is being created. This is “Banyamulenge expansionism,” a political leader from Bukavu told KST.

The third conflict feeding suspicions is that which was started at the end of November by the Congolese army to dislodge the Rwandan Hutu uprising of the National Congress of Resistance for Democracy (CNRD) in Kalehe territory. Similar to Rutshuru territory in recent months, many local sources contacted by KST have reported the presence of soldiers from the regular Rwandan army in Congolese uniforms. According to many of these sources, frightened inhabitants have, in turn, deserted the villages of Kigogo and Kasika.

However, these three situations in effect appear to obey different local realities, and it is difficult to see a coordinated plan on a regional level.

In Beni territory, the ADF arrived some 25 years ago with the aim of fighting against the influence of Kampala. They established relations with local communities and have taken advantage of their conflicts, according to research by the Congo Research Group (CRG). This group may, to a certain extent, have territorial ambitions, but it is difficult to imagine that they would one day obtain international recognition from an independent state or annexation to Uganda.

Yet, in his speech on January 3, Mgr. Ambongo stated that “Rwandan immigrants driven out of Tanzania some years ago” have been “dumped” in areas emptied of their inhabitants due to massacres. This is a reference to the migrations of Hutu populations who, in recent years, have left the Congolese territories of Masisi and Lubero to move to Ituri province, and who passed through Beni. The scale and current status of these migrations, however, remain difficult to evaluate. On the surface, they have had very little impact on the urban areas of Beni territory, where the bulk of recent massacres have taken place.

In the highlands of Fizi and Uvira, armed Banyamulenge groups appear weakened and divided, and are highly unlikely to have the means to act on any ambitions of political independence. The profile of the renegade colonel, Makanika, fits uneasily with the notion that armed Banyamulenge groups are associates of Rwanda. Makanika, on the contrary, took part in many uprisings against Kigali in the noughties, and was still described in 2013 as “strongly opposed to Rwanda” (in French). Several members of Banyamulenge civil society also express distrust towards Rwanda, in particular claiming that Mai-Mai uprisings and groups are supported by Kigali, which is reported to want to punish them for having given refuge to a Rwandan rebellion: the Rwanda National Congress (RNC).

Moreover, despite many rumors, few Congolese officers seem to have followed in the footsteps of Makanika, although it is the case that former soldiers from abroad have joined him, such as Gakunzi Masabo and Alexis Gasita, in his stronghold of Kajembwe. However, most Banyamulenge military leaders active in the Congolese army, such as Masunzu, Venant Bisogo, and Mustafa, are currently stationed very far from the front, in the west of the country. The former rebel chief, Richard Tawimbi, is also in the Congolese capital. And the other Banyamulenge officers are kept under close watch by their colleagues. Three Banyamulenge officers suspected of wanting to defect – Lieutenant-Colonel Joli Mufoko Rugwe, Major Sébastien Mugemani, and Sub-Lieutenant Aimable Rukuyana Nyamugume – are under arrest in the camp of Saïo in Bukavu, according to military and local civil society sources.

The last territory where the reality on the ground does not fit with the theory of balkanization is that of Kalehe. Several local customary authority, UN, diplomatic, and Congolese military sources have in fact confirmed to KST the presence of elements of the Rwanda Defense Force (RDF) during the offensive against the CNRD. Estimates of their numbers diverge considerably, from a handful of intelligence officers to several battalions. However, according to a Congolese military source, who claims to have witnessed the discreet arrival of a Rwandan battalion, these operations are one-offs and accepted by President Félix Tshisekedi. Their presence is alleged to only have been hidden due to fear of a hostile reaction by local inhabitants. Above all, rather than “dumping” Rwandophone populations in DR Congo, they have on the contrary led to a repatriation of some 2500 members of the rebel Rwandan CNRD (combatants and families) from DR Congo to Rwanda.

The theory of balkanization therefore inadequately describes the conflicts affecting the Kivus. Contrary to the situation between 2000-2013, no Rwandophone Congolese uprising appears in reality to be supported by Rwanda at this time.

This does not necessarily mean that the current situation is reassuring. Tens of thousands of eastern Congolese live in territories controlled by more than a hundred armed groups and which are, in fact, beyond Kinshasa’s control. Rather than a coordinated regional plan between neighboring states to carve up DR Congo, it is the tensions among these states, along with the weakness of the Congolese authorities, that appears to threaten stability in the Kivus.

Uganda and Burundi on the one hand, and Rwanda on the other, accuse one another of backing dissident groups in eastern Congo and waste no time in fighting them, either directly or by way of allied groups.

Kigali specifically accused Burundi and Uganda of supporting the RNC, which was partly confirmed by the UN Group of Experts on the DRC. The RNC has however been considerably weakened in mysterious circumstances in 2019: it has less than some fifty men near the village of Miti, according to sources from MONUSCO intelligence and civil society.

Several attacks originating on Congolese soil have also affected Burundi and Rwanda in recent months. This was the case of the attack on Kinigi in Rwanda on October 6 attributed by Kigali to the Rwandan Hutu uprising of the Rally for Unity and Democracy (RUD), which is reportedly supported by Uganda. Then there was the attack of October 22 in Musigati (Burundi), which was claimed by the RED-Tabara, a Burundian rebel group operating in South Kivu. Lastly, on November 16, Burundi suffered a new attack, in Mabayi, which the Burundian president blamed on Rwanda.

Additionally, several Burundian uprisings hostile to the Gitega government are present in South Kivu, such as the RED-Tabara, FRODEBU, or the FNL. According to a Congolese military source and a report by the UN Group of Experts, the RED-Tabara has in recent years been supported by Kigali. Also, the National Defense Force of Burundi and Imbonerakure militia (close to the Gitega government) regularly carry out incursions into DR Congo, according to reports by the UN Group of Experts on the DRC as well as security officials contacted by KST. Some members of the Burundian authorities are reported to support several Congolese armed groups, such as the Mai-Mai Mbulu, in the Ruzizi plain, probably to prevent possible attacks on their soil.

Were the Burundian presidential election, scheduled for May, to provoke violent protests comparable to the last one in 2015, South Kivu could rebecome a battlefield. This would not, however, mean that the “balkanization” of the country is underway.

Can MONUSCO Really Withdraw From the DRC?

A “Short Course on Vehicle Repair” given by the Indian contingent of MONUSCO in Lubero territory. (MONUSCO/Force)

Twenty years. On November 30, it was exactly twenty years to the day that the UN peacekeeping mission in DRC was born. No one, however, had the heart to celebrate this anniversary.

Since November 22, MONUSCO has been facing a popular uprising on a scale rarely seen in North Kivu. On November 25, one of its camps, in Beni’s Boikene neighborhood, was even partly destroyed by protesters. The protesters have accused the mission of inaction – and its most vocal critics of complicity –  during the killing of civilians in recent weeks.

The Kivu Security Tracker (KST) has recorded the deaths of at least 161 civilians by armed groups since November 5 in Beni territory. In the vast majority of cases, these abuses were carried out by the Allied Democratic Forces (ADF, a Uganda-based Islamist rebellion), in all likelihood in retaliation for the “major offensive” launched on October 30 by the Congolese army.

During these violent demonstrations, Blue Helmets even opened fire, killing at least one civilian, who, according to the mission, “was about to throw a Molotov cocktail.” An investigation has been opened but this episode has played a part in further radicalizing the protests. They have even reached large towns: demonstrations have been organized by citizen movements such as Lucha in Goma and Kinshasa, calling for the UN mission to leave if it is unable to prevent the killings. In total, KST has logged the deaths of at least 15 people in recent demonstrations in Beni and Butembo.

The confidence of the Congolese in the ability of the mission to ensure their security has, in fact, waned in recent years. In answer to the question “Do you trust MONUSCO to ensure the security of your neighborhood/village?”, only 15% of Congolese polled in December 2018 by Peacebuildingdata.org replied in the affirmative (and only 14% for the inhabitants of North Kivu). This represents a fall of 11 points compared with 2015.

However, the current lack of confidence is occurring at a crucial moment when the future of the mission is under discussion at UN headquarters: its renewed mandate should be adopted before December 20. The mission’s budget, which was for a long time the largest in the world for a peacekeeping mission (it reached 1.45 billion dollars in 2013-2014), has dropped to 1.01 billion dollars, principally due to the reduction in UN funding by the United States. MONUSCO is now less well funded than MINUSMA in Mali or MINUSS in South Sudan.

In March, the Security Council had only renewed the mission in DRC for nine months, not the usual 12. French Minister of Foreign Affairs Jean-Yves le Drian had even announced that this shortened mandate would be used to plan for its “gradual disengagement.”  Meanwhile, a strategic review of the mission has been carried out by Tunisian diplomat Youssef Mahmoud. His report, whose conclusions were leaked to AFP (in French), argues for the mission’s withdrawal within three years.

Could it be that from New York to Beni, a convergence of interests of various kinds of frustration with the mission is leading to its untimely demise?

Some members of the mission are certainly demoralized by their scapegoating. MONUSCO is not responsible for the new wave of violence, as some have stated, particularly since the DRC Armed Forces (FARDC) denied it a role in planning their operations against the ADF.

On December 1, during his visit to eastern Congo, UN Peacekeeping Operations Chief Jean-Pierre Lacroix even stated that the attacks against the mission had been “premeditated, organized and financed” and called for “investigations into everything that has happened.”

Who orchestrated them? On condition of anonymity, some members of the mission revealed to KST that members of the Congolese army took part in fueling the protests against it, including by transporting protesters. KST has been able to verify that certain Congolese army officers have been spreading messages that are hostile to the Blue Helmets.

What was the aim of these officers in seeking to foment hostility against MONUSCO? Focusing criticism on MONUSCO could firstly hide their own responsibility. Also, most of those still in place at the head of the Congolese army were appointed by former President Joseph Kabila, who had called for the withdrawal of MONUSCO before 2020 (in French). Some Congolese officers are themselves under UN sanctions such as General Muhindo Akili Mundos, currently Commander of the 33rd military region (South Kivu and Maniema). According to a high-level UN source, Defense Minister Aimé Ngoy Mukena (who is close to former president Kabila), had still not signed the proposed new cooperation agreement between the FARDC and MONUSCO, even though the former agreement had expired in July.

This would not completely remove any responsibility on MONUSCO’s part. The attacks against civilians could have been anticipated. This armed group had already used this strategy during previous offensives, such as in 2014 (when 345 civilians had been killed in three months). Yet MONUSCO’s mandate defines protecting civilians as one of its two priorities (along with support for Congolese institutions).

Troops engaged on the ground in Beni territory are in reality ill equipped for this mission. In the main, these comprise some 300 Malawian, South African, and Tanzanian soldiers of MONUSCO’s Force Intervention Brigade (FIB), a combat force rather than a civilian protection force. This was created in 2013 to put an end to the M23 rebel movement, which was operating like a regular army. According to several diplomatic sources, it was borne of the will of southern African states to fight against Rwandan influence in the Kivus.

The FIB today must face a completely different enemy, using counter-insurgency techniques. According to the strategic review report, it is also facing “significant problems relating to unified command and control, intelligence, analysis, planning and coordination.”

Its troops have suffered heavy losses in Beni territory in recent years: 15 Blue Helmets were killed in the battle of Semuliki in December 2017. Then, during their last offensive against the ADF, in November 2018, eight Blue Helmets were also killed. Consequently, since then and despite instructions from the mission’s command, FIB patrols, under their own chain of command, with at its head, the South African General Patrick Dube, have become more cautious, including in towns of the Grand Nord of North Kivu.

Compounding this is the fact that the crisis has occurred during a transition at the head of the MONUSCO force: after the departure of its commander, the Brazilian Elias Martins, it found itself without a head. The new deputy commander, General Thierry Lion, who came to his post during the same period, therefore had to take on a dual role. This situation should, however, come to an end shortly: a new force commander, the Brazilian Ricardo Augusto Ferreira Costa Neves, was appointed on December 3.

How can the mission find a way out of this crisis? After the Beni protests, the office of the head of mission, Leila Zerrougui, called for a meeting with the highest Congolese authorities. A meeting of the National Security Council was held on November 25 in Kinshasa with the president of the republic, his ministers and several Congolese generals. It decided to resume “joint operations” between MONUSCO and the FARDC. However, beyond the public announcement, which might have calmed down the protesters, it remains difficult to identify the practical measures that this will involve.

Since then, the UN mission has released information on the support it already provides to the FARDC, mainly in the form of reconnaissance flights and the evacuation of wounded soldiers. It could increase its logistical support to Congolese forces but only to a certain extent: its budget already has a deficit of several million dollars according to the office of the Special Representative of the Secretary General.

Joint “planning” meetings between MONUSCO officers and the FARDC were also held (in French) in Beni territory. MONUSCO announced the arrest of combatants as part of joint “combat patrols” with the FARDC (in French). However, its participation in conflicts with the ADF, in the air or on the ground, remains off the table for the time being, according to several diplomatic sources. Several UN officials believe the FARDC operation to be ineffective and badly prepared. They also fear finding themselves mixed up in possible abuses.

In this context, one option could be to suspend operations against the ADF, to provide time to develop a new joint strategy between the FARDC and MONUSCO. Only President Félix Tshisekedi could take such a decision. But it remains to be seen whether Congolese military chiefs would agree. Above all, it would risk appearing as a step backwards in the eyes of the people, and particularly damaging to the president’s image. He had committed to eliminating the ADF before the end of the year.

On a deeper level, there is a profound disconnect between what the Congolese expect of MONUSCO and what MONUSCO is able and willing to do. President Tshisekedi, who wants to keep MONUSCO, is calling for the mission’s military capacity to be reinforced. Among civil society, also, Lucha is calling for MONUSCO “to do something or leave.” Political opponent Martin Fayulu and Nobel Peace Prize winner Denis Mukwege, both of whom are in favor of the UN presence, are calling for military intervention in Beni territory based on the model of the European Artémis operation in 2003 in Ituri province. The underlying idea behind such calls is that a hard-hitting military offensive could quickly eliminate the ADF.

Conversely, several MONUSCO officials asked by KST believe that the mission is “not there to go to war” and that the use of force is only effective if it goes hand in hand with political and diplomatic initiatives. In its report, “The Art of the Possible: MONUSCO’s New Mandate,” the Congo Research Group recommended rebuilding “a viable political strategy for protecting civilians in zones of armed conflict.” Also, the recent independent strategic review indicates that “there is no military solution to many of the security crises in the DRC.” The report also states that “without such a critical re-examination, the mission will continue to be burdened with unrealistic expectations and short term remedies that unwittingly allow Congolese stakeholders to shirk their own responsibility for addressing the causes of conflict many of which are the result of homegrown governance deficits.”

The report even proposes the withdrawal of the FIB, particularly to underscore that “it would also send the signal that neutralization is a sovereign duty of the national army.” In the eventuality that this force is renewed, it should be renewed for no more than one year.

These proposals are now under discussion at the UN Security Council. A withdrawal in less than three years appears unfeasible: even if such a decision were taken, carrying it out would require more time. Moreover, the DRC is still affected by an Ebola epidemic, which risks gaining ground due to recent attacks against MONUSCO and agents of the riposte, such as that at Mangina on November 27.

It is possible, however, that the Security Council will call for this withdrawal to be planned. According to a diplomatic source, the United States, in particular, has expressed its desire for the creation and adoption of a withdrawal timeline.