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.”

 

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.