A State of Siege in Democratic Republic of the Congo

This week, armed men linked to the Allied Democratic Forces (ADF) – an Islamist rebel group in Uganda and Democratic Republic of the Congo (DRC) – killed at least seven Congolese civilians in the village of Mapendo-Mutuweyi, located between the provinces of North Kivu and Ituri. At the same time in Beni, a peaceful demonstration denouncing persistent insecurity in the region was repressed by the police. On this occasion, Mumbere Ushindi, a young activist from LUCHA – a nonviolent, non-partisan citizens' movement advocating for democracy, peace and justice in DRC – was shot and later died from his wounds.

These two events capture the increasingly volatile situation in these two provinces in eastern DRC, both of which have been under a state of siege since early last year. On the one hand, there is the routine killings of Congolese civilians; on the other, there is a violent repression against those who denounce the killings.

Starting on 6 May 2021, the President of DRC, Felix Tshisekedi, declared a so-called state of siege in the provinces of North Kivu and Ituri to "better combat armed groups and secure the civilian population and their property.” This exceptional measure has led to an over-militarization of public administration and the justice system, in an area where members of the security services are regularly cited as supporting armed gangs. Nearly nine months after the imposition of Tshisekedi’s order, the actions taken by Congolese authorities have not protected civilians, let alone substantially reduced the capacity of armed groups to cause harm.  

Worse still, the repression of individuals and activists, civic organizations, and the general activities denouncing the insecurity has been severe and systematic.

Atrocities continue against the population

On the security front, the appointment of military officers to head the provinces of North Kivu and Ituri has not been followed by sizeable military offensives against armed militias. As a result, groups like the ADF have escalated their attacks on civilians and extended their area of influence to areas that were once relatively calm. In addition, due to the delay in implementing an effective demobilization, disarmament, and reintegration (DDR) program for former militiamen, national armed groups that had once promised to lay down their arms continue to commit grave abuses against the civilian population.

According to available data from the Kivu Security Tracker, a joint project of the Congo Research Group and Human Rights Watch, at least 1,875 Congolese civilians have died because of insecurity in North Kivu and Ituri since Tshisekedi declared the state of siege. 

Criminalization of peaceful protests

The exorbitant powers granted to military authorities during the state of siege have had a negative effect on human rights and civil liberties. In November 2021, for example, 39% of the 801 human rights violations documented by the United Nations Joint Human Rights Office were committed by state agents, primarily in North Kivu and Ituri.

The repression of citizen activities has also increased sharply during the state of siege. And the activist group LUCHA has been a particular target. As early as April 2021 – even before the declared state of siege – two LUCHA members arrested in Butembo (North Kivu) during peaceful demonstrations had to wait more than three months to be brought before a judge and granted provisional freedom. Later, on 10 September, LUCHA activist La Fontaine Katsaruhande had his leg amputated after police shot him during a peaceful demonstration in Beni. Two months later, 13 members of LUCHA were arrested in the same town during a demonstration demanding that the state of siege be replaced by measures to end insecurity. Charged with "disobeying the law," the activists have been held in prison since 11 November 2021 and currently face up to 10 years in prison.

The violent crackdowns on LUCHA demonstrations during the state of siege have so far resulted in at least four deaths. This figure includes the recent killing of Mumbere Ushindi on 25 January, and the additional killing of three people in Goma on 20 December 2021, during popular protests that opposed the entry of Rwandan troops into the eastern part of DRC.

Without truly improving the protection of civilians in North Kivu and Ituri, Tshisekedi’s state of siege will continue to be a pretext to violate human rights and to restrict citizens' freedoms with impunity. It is time to apply real remedies to insecurity in DRC, including overdue reforms of the Congolese security forces and a genuine DDR program for militia groups like the ADF.

In DRC, the status quo is clearly untenable. Our situation demands good political leadership that so far remains lacking.

Stewart Muhindo Kalyamughumaz is a Congolese researcher and activist affiliated with LUCHA, a nonviolent, nonpartisan civil society movement, as well as CREDDHO, a human rights organization based in Goma.

DISCLAIMER: The views expressed in this publication do not necessarily reflect the views of Vanguard Africa, the Vanguard Africa Foundation, or its staff.

PHOTO CREDIT: Arlette Bashizi