Various armed groups in the Democratic Republic of the Congo recurrently and indiscriminately attack civilian populations, committing violations that may amount to crimes against humanity.

BACKGROUND:

Attacks by armed groups and recurring inter-communal violence have threatened populations in the eastern provinces of the Democratic Republic of the Congo (DRC) for nearly 30 years. More than 120 militias and armed groups actively operate in Ituri, North Kivu, South Kivu and Tanganyika provinces, many of whom regularly perpetrate widespread violations and abuses against civilians that may amount to crimes against humanity and war crimes. The UN Security Council (UNSC)-mandated Panel of Experts (PoE) has documented some armed groups allegedly executing, torturing and arbitrarily detaining civilians perceived as collaborators of enemy groups. While combating armed groups, the government’s armed forces (FARDC) and police have also been implicated in violations of International Human Rights Law (IHRL) and International Humanitarian Law (IHL), including sexual violence, torture and arbitrary killings, some of which may amount to crimes against humanity and war crimes.

Despite offensives conducted by the FARDC, with assistance from the UN peacekeeping mission (MONUSCO), violence has escalated in the eastern provinces for several years amidst a surge in attacks by groups like the Allied Democratic Forces (ADF), Cooperative for the Development of Congo (CODECO) and the March 23 Movement (M23), among others. Although the government declared military rule in North Kivu and Ituri in May 2021 under a so-called “state of siege,” and bilateral and regional forces have been deployed, these efforts have failed to stem violence. Ongoing attacks have resulted in a marked increase in violations against children, including recruitment of child soldiers and sexual and gender-based violence.

Inter-communal conflict between the Teke and Yaka communities – sparked by disputes over land and customary rights in western Mai-Ndombe province – intensified and expanded into neighboring provinces throughout 2023, leaving hundreds of civilians dead and scores of villages, schools and medical facilities destroyed. Although the conflict has decreased in intensity, sporadic violence and heightened tensions remain, with the most recent attack in July 2024 resulting in the deaths of at least 70 people. The Congolese government has reportedly integrated surrendered Mobondo members into the FARDC and sent them to fight M23 without any prior vetting to ensure that they were not previously involved in serious human rights abuses.

Protracted and resurgent violence and insecurity have exacerbated a dire humanitarian crisis. At least 7.3 million Congolese are internally displaced and face grave protection risks. Armed groups, particularly CODECO, have perpetrated targeted attacks against displacement sites in eastern DRC, killing hundreds of civilians and causing further displacement.

The International Criminal Court has been investigating serious crimes in the DRC since 2004. In 2023 the DRC government requested the Court investigate alleged crimes committed in North Kivu since January 2022, prompting the Chief Prosecutor to announce during June 2023 his intention to conduct a preliminary examination.

RECENT DEVELOPMENTS:

Following a request by the Congolese government for an accelerated withdrawal of MONUSCO, on 20 December 2023 the UNSC renewed its mandate for one year and endorsed a disengagement plan for the gradual and sustainable withdrawal of the Mission. The first phase of withdrawal was completed in South Kivu on 25 June. During July the government and MONUSCO said the timeline for the next phase of the withdrawal will be determined when conditions allow, following ongoing joint assessments in Ituri and North Kivu. In August the UNSC authorized MONUSCO to provide operational, technical and logistical assistance to the Southern African Development Community Mission in the DRC.

The security situation in North Kivu has continued to deteriorate due to recurrent clashes between M23 and the FARDC, who are supported by militias known as Wazalendo. The intense fighting has been marked by the indiscriminate use of heavy artillery, shelling and bombings in populated areas. In areas under their control, M23 has reportedly perpetrated likely war crimes, while the FARDC and its proxies have perpetrated extrajudicial executions, arbitrary arrests and detentions. In recent months M23 has made major territorial advances, including the capture of the strategic towns of Kanyabayonga and Kirumba during late June. The latest PoE report, published on 4 June, found evidence of between 3,000 to 4,000 Rwandan soldiers allegedly fighting alongside M23 fighters and exercising “de facto” control over the operations. According to the report, Rwanda’s military interventions were key to M23’s territorial expansion between January and March 2024. On 4 August a ceasefire agreement – reached through Angolan mediation – went into effect. Meanwhile, the ADF continues to pose a threat to civilians in North Kivu, perpetrating a string of attacks during June and July.

Civilians also remain at risk in Ituri, with the ADF, CODECO and other groups launching recurrent attacks against civilians in Djugu, Irumu and Mambasa territories. According to the UN, between January 2023 and March 2024 at least 1,533 civilians were killed, 469 injured and 712 kidnapped.

ANALYSIS:

Various armed groups have exploited the absence or weakness of state authority in eastern DRC to perpetrate attacks against civilians for decades. Rampant impunity and competition for control of profitable minerals have enabled the proliferation of such groups. Ethnically motivated and deliberate attacks against displaced Congolese have led to waves of secondary displacement while sexual violence is once again being used as a weapon of war to terrorize and control communities.

Amid widespread violence across the eastern provinces, the phased withdrawal of MONUSCO has raised concerns regarding the future of civilian protection. The drawdown of MONUSCO from areas in South Kivu where peacekeepers regularly patrolled may exacerbate an existing security and protection vacuum, putting civilians at further risk. By integrating members of armed groups who have been implicated in past crimes into the FARDC, the government has encouraged impunity, while posing further risks to civilians.

M23’s renewed offensive has exacerbated regional tensions and resulted in increased hate speech and discrimination. The PoE’s report provides the most robust evidence to date of Rwandan and Ugandan involvement in the M23 crisis. The severity of these findings underscores the urgent need for action to prevent further atrocities and mitigate a wider regional conflict. Multiple ceasefires and truces have previously been declared in North Kivu, however, none have been respected for more than a few weeks.

RISK ASSESSMENT:

• • Indiscriminate use of heavy artillery, shelling and bombings near civilian areas, including displacement camps, hospitals and schools, as well as threats posed by unexploded ordnance.
  • Potential for regional conflict due to escalating tensions and alleged support from Rwanda and Uganda to M23.
  • Recurrent conflict-related sexual violence, disproportionately impacting displaced women and girls.
  • Unprecedented scale of children recruitment and use in hostilities by myriad armed actors.
  • Existing security vacuum exacerbated by FARDC deployment to fight M23 and MONUSCO withdrawal, emboldening other armed groups to remobilize and target civilians.

NECESSARY ACTION:

The DRC government and all regional and bilateral forces must ensure that protecting civilians and upholding human rights remain their primary priorities as they address the ongoing threat of armed groups. A vetting process within the FARDC should be implemented to identify and provisionally remove individuals who may have been implicated in serious human rights violations while cases are pending. The FARDC must cease using abusive militias as proxy forces. All forces should investigate and publicly report on IHL violations and human rights abuses.

All parties to the M23 conflict must rigorously abide by the ceasefire agreement. Rwanda should end its military support for M23. The international community should suspend military assistance to governments found to be supporting armed groups. Neighboring states should ensure that forces active in the DRC refrain from illicit activities.

MONUSCO should develop integrated provincial protection plans in close consultation with civil society. The government should ensure the deployment of the FARDC and police in areas of South Kivu where people have relied upon MONUSCO for protection, accompanied by training on IHL and IHRL.