Populations at Risk Imminent Risk

Democratic Republic of the Congo (DRC)

Populations in the eastern and Kasaï regions of the Democratic Republic of the Congo remain at imminent risk of possible mass atrocity crimes as a result of ongoing violence between security forces and various militias.
BACKGROUND:
Violence resulting from tensions between the government in the Democratic Republic of the Congo (DRC) and a local militia following the killing of their chief, Kamuina Nsapu, has resulted in atrocities perpetrated against populations in Kasaï, Kasaï Central and Kasaï Oriental provinces since August 2016. According to the Catholic Church in the DRC, over 3,000 people have been killed. The UN Joint Human Rights Office in the DRC (UNJHRO) has found at least 80 mass graves in the Kasaï region since January, many of which have been attributed to the government's armed forces (FARDC). On 2 June the UN's stabilization mission in the DRC (MONUSCO) reported at least 639 schools and a number of health centers in the Kasaï region have been destroyed or attacked during fighting. The UN has also documented hundreds of children being used as combatants or human shields by Kamuina Nsapu, as well as sexual violence perpetrated against young girls.

The Office of the UN High Commissioner for Human Rights has noted that the Kamuina Nsapu militia has perpetrated atrocities against civilians and that the FARDC has used disproportionate force in its response. According to the UN Office for the Coordination of Humanitarian Affairs (OCHA), of the 3.7 million internally displaced persons in the DRC, over 1.3 million are in the Kasaï region. OCHA has reported that inter-ethnic tensions are becoming a dominant characteristic of the Kasaï conflict. UN High Commissioner for Human Rights Zeid Ra'ad Al Hussein has also reported that Bana Mura, an allegedly pro-government militia, has targeted populations based upon ethnicity, mutilated women and children, and destroyed villages that allegedly support Kamuina Nsapu.

Other armed groups continue to utilize ongoing instability and the weakness of state authority in eastern DRC to attack security forces and perpetrate crimes against civilians. Such groups – including the Democratic Forces for the Liberation of Rwanda (FDLR), Allied Democratic Forces (ADF) and various Mayi-Mayi militias – have been operating in the DRC for more than 20 years. Despite offensives conducted by the FARDC with assistance from MONUSCO and its force intervention brigade, attacks by militias, as well as inter-communal violence, continue to threaten vulnerable populations in North Kivu, South Kivu, Tanganyika and Katanga. The FARDC and MONUSCO reported an increase in attacks by Mayi-Mayi militias in the Kivus during June.

The risk of political violence as a result of the postponed 2016 elections also remains high. Security forces have been accused of using excessive force during demonstrations on 19 September and 20 December – the day after President Joseph Kabila's constitutional mandate ended. UNJHRO recorded 48 civilians killed during the September demonstrations and more than 40 people killed during December.

As a result of a failure to hold elections during 2016, on 1 September a national dialogue was launched to ensure a peaceful political process. Additional mediation between the government and opposition took place under the aegis of the Conference Episcopale du Congo (CENCO). On 31 December the CENCO negotiations resulted in an agreement calling for elections to be held during 2017 and for President Kabila to abstain from seeking a third term. Negotiations on implementation met several complications, resulting in CENCO withdrawing from the process.

ANALYSIS:
Competition for control of profitable minerals, as well as underlying conflict between communities that consider themselves indigenous and those perceived as outsiders, has enabled the proliferation of armed groups in the DRC. Such groups will continue to emerge even after the eradication of the ADF, FDLR, Kamuina Nsapu and other Mayi-Mayi militias if these issues are not resolved. Rising tensions in areas that have been relatively calm in recent years, including Kasaï, is indicative of the enduring challenge of preventing the emergence of armed groups opposed to the rule of the central government.

The government has often failed to hold members of the FARDC accountable for systematic human rights violations. Despite diplomatic pressure from the international community, the government has not undertaken a meaningful investigation into allegations that hundreds of people have been killed by the FARDC in the Kasaï region.

Growing government repression and the population's frustration with the unconstitutional delay in elections enhances the risk of deadly violence. The government must take meaningful steps towards ensuring a timely and peaceful transition of power in the DRC, including implementation of the CENCO agreement.

The government of the DRC has struggled to uphold its Responsibility to Protect and its own forces have been complicit in some previous mass atrocity crimes. The DRC needs ongoing international support to prevent recurring violence.

INTERNATIONAL RESPONSE:
On 31 March 2017 the UN Security Council (UNSC) extended MONUSCO's mandate until March 2018, emphasizing that the DRC government "bears the primary responsibility to protect civilians within its territory and subject to its jurisdiction, including protection from crimes against humanity and war crimes." The resolution reduced MONUSCO's troop ceiling from 19,815 to 16,215 despite mounting security challenges.

On 11 February MONUSCO condemned atrocities perpetrated by Kamuina Nsapu and the FARDC's disproportionate use of force, pledging to deploy a mobile monitoring response team to the area to "possibly prevent, investigate, and document human rights violations."

On 20 February High Commissioner Zeid condemned the "blunt military response" that does not tackle the root causes of conflict but "instead targets civilians on the basis of their presumed links to militias." On 19 April the High Commissioner called for an immediate, impartial international investigation following the discovery of additional mass graves by UNJHRO. During May the High Commissioner gave the government an 8 June deadline to establish a credible investigation, which it failed to meet.

On 4 May the UNSC issued a Press Statement calling upon parties to the 31 December CENCO agreement to remain committed to its implementation, including the objective of holding elections before the end of 2017. The UNSC also condemned the violence in the Kasaï region, urging the government, MONUSCO and African Union to investigate possible war crimes.

On 31 May the European Union imposed sanctions on nine individuals with "command and control" responsibility for security forces involved in deadly violence against protestors. The following day the United States issued sanctions against François Olenga for command responsibility of the Republican Guard during violence against the political opposition in Kinshasa. The UNSC also currently subjects 9 entities and 31 individuals connected to armed groups in the eastern DRC to sanctions.

On 23 June the UN Human Rights Council passed a resolution mandating the High Commissioner appoint a team of international experts to collect and preserve evidence to determine responsibility for possible atrocities perpetrated in the Kasai region.

NECESSARY ACTION:
The DRC government and MONUSCO must ensure that protecting civilians remains their primary priority as they address the ongoing threat posed by various armed groups in both the Kasaï and eastern regions.

The government must urgently address allegations of the security forces using disproportionate and deadly force against protestors and ensure accountability for the unlawful killing of civilians. The FARDC must not permit individuals who have previously committed atrocities to join its forces and should train all recruits in the protection of civilians, respect for human rights and international humanitarian law.

It is essential that the Human Rights Council-mandated experts be appointed and dispatched to the DRC immediately. The government must fully cooperate with the international team, providing access to all relevant sites and also establishing a credible domestic investigative mechanism. If the government fails to fulfill its promises in this regard, the International Criminal Court and UNSC should be prepared to act to ensure accountability.

In keeping with the CENCO agreement, the government and opposition must recommit to an agreed election timetable and a peaceful transition of power.

Last Updated: 17 July 2017