The state of siege is unlawful and has contributed to the worsening of the human rights situation in the country.

Tigere Chagutah, East and Southern Africa Regional Director, Amnesty International

“The state of siege is unlawful and has contributed to the worsening of the human rights situation in the country. President Felix Tshisekedi must lift this repressive measure without delay,” said Tigere Chagutah, Amnesty International’s Regional Director for East and Southern Africa.

“Both the enforcement and repeated extensions of the rights-restricting ‘state of siege’ fall far short of meeting the DRC’s own constitution and international human rights obligations.”

The stated objective of the state of siege was to “rapidly improve civilian protection, curb armed groups, and restore State authority”, yet the security situation in the two provinces has drastically deteriorated. An upsurge of attacks against civilians and civilian casualties has been reported in the region over the last two years.

President Felix Tshisekedi must lift this repressive measure without delay.

Tigere Chagutah

Nonetheless, the state of siege has been extended over 50 times by the government, without any meaningful public debate on the legality or merit of these extensions.

“If President Tshisekedi fails to lift the state of siege now, after two years of unlawful and unjustified restrictions of human rights, members of parliament must reject any new requests from the government to extend it,” said Tigere Chagutah.

Despite the state of siege, the DRC army has persistently failed to prevent or respond to increasing attacks against civilians by armed groups. According to information gathered by the UN Joint Human Rights Office, the army has in fact been responsible for committing numerous serious human rights violations against civilians.

Amnesty International has previously documented how the DRC’s military authorities, appointed by President Tshisekedi, have used their powers under the state of siege to systematically curtail human rights by harassing journalists and jailing them, and killing human rights defenders and political activists. The authorities have also resorted to the mass, pre-trial detention of those deemed a threat, in facilities where detainees are often held in appalling conditions.

“All those arbitrarily detained in the provinces of Nord-Kivu and Ituri, including those being held simply for criticizing the state of siege and military authorities, must be immediately released. All members of the DRC’s security forces suspected of committing human rights violations must be brought to justice in fair trials,” said Tigere Chagutah.

“The DRC authorities should take immediate steps to ensure that prison conditions are meaningfully improved. Inmates must be granted access to nutritious food, clean water, sanitation, and medical care.”

Instead of further repressing the rights to freedom of expression and peaceful assembly, the DRC authorities should allow people to freely exercise their human rights and find effective measures to address security issues, ahead of the run-up to the general election scheduled for December this year.

“In consultation with affected communities and civil society groups, the DRC authorities should identify and implement effective measures of protecting civilians and improving security, without further undermining human rights,” said Tigere Chagutah.

Background:

President Tshisekedi enforced the “state of siege” in the provinces of Nord-Kivu and Ituri from 6 May 2021. Claiming a radical but necessary step to swiftly stem armed groups and restore security, he drastically restricted human rights and ordered military courts to prosecute civilians. He appointed army and police officers to replace civilian administration including elected Governors and suspended elected provincial assemblies.

Under the DRC’s Constitution, a state of siege is defined as an exceptional, temporary measure that may be declared for an initial period of 30 days. If parliament ratifies an extension, it may be extended for subsequent periods of 15 days.

The International Covenant on Civil and Political Rights, to which the DRC is a party, allows states to derogate from certain human rights provisions, yet the application of such restrictions must meet certain requirements including notifying the UN Secretary-General in writing, explaining the circumstances that justify any derogations. The DRC authorities have not complied with this requirement.

The African Charter on Human and Peoples’ Rights, to which the DRC is also a state party, does not allow for derogation from any of its provisions under any circumstances.

The state of siege must also not be used as a pretext to clamp down on human rights.

The ever-deteriorating security situation in eastern DRC, including in the provinces of Nord-Kivu and Ituri, has resulted in the deaths of over 4,000 civilians, while more than two million have been forcibly displaced since 2021, according to figures from the UN and the Kivu Security Tracker.

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Attacks, harassment, intimidation and criminalization of journalists have been escalating in East and Southern Africa for exposing allegations of corruption and human rights violations.

Tigere Chagutah, Director for East and Southern Africa, Amnesty International

“There has been a worrying trend of attacks, harassment, intimidation and the criminalization of journalism across East and Southern Africa demonstrating the length to which authorities are prepared to go to silence the media for exposing allegations of corruption and human rights violations,” said Tigere Chagutah, Amnesty International’s Director for East and Southern Africa.

“Journalists hold up a mirror to society. Targeting them simply for doing their work sends a wrong message that States are not prepared to uphold their human rights obligations and to be held accountable,” said Tabani Moyo, Regional Director for the Media Institute of Southern Africa.

In countries like Zimbabwe, the introduction of the new Cyber and Data Protection Act, which was enacted in December 2021, has been used to intimidate and harass journalists for doing their work and threatens to curtail media freedom further.

Freedom of expression under serious threat across the region

In Ethiopia, media freedom has come under significant attack, with authorities arresting at least 29 journalists and media workers across the country in 2022. The Tigrayan authorities charged five journalists with “collaboration with the enemy”. In May 2022, the police arrested Temesgen Desalegn, editor of Feteh magazine, and subsequently charged him with disclosing military secrets and spreading false rumours. He was released on bail of ETB 30,000 (about US$ 560) in November. In May 2022, the authorities also expelled Tom Gardner, a journalist working for The Economist newspaper based in Addis Ababa, following online harassment by government supporters about his reporting on Ethiopia.

Journalists hold up a mirror to society. Targeting them simply for doing their work sends a wrong message that States are not prepared to uphold their human rights

Tabani Moyo, Regional Director for the Media Institute of Southern Africa

In the Democratic Republic of Congo, journalists were constantly threatened, intimidated, detained and sometimes even killed with impunity in the course of doing their work. The DRC ranked 149 out of 180 on the latest Press Freedom Index (with a 161/180 rank on the security indicator). In its report published in November 2022,  the country’s leading journalists’ rights watchdog, Journalistes En Danger, reported 124 cases of attacks against journalists and media organizations last year alone. The cases included one journalist killed and two who were abducted. Another 37 journalists were arrested, while 18 others were physically assaulted and 17 media organizations or programmes shut down or suspended. A dozen of journalists are currently detained across the DRC, or with pending criminal proceedings in connection with their work.

In Malawi, police arrested Gregory Gondwe, an investigative journalist, in April 2022, for publishing a story alleging police corruption related to the procurement of water cannons, worth millions of US dollars. Gregory Gondwe was, in this instance, released without charge, but is still facing charges related to the illegal transmission of information online, under Section 91 of the Electronic Transaction and Cyber Security Act of 2016, which carries a fine of two million Malawian kwacha (about US$2,500) or imprisonment of up to five years if convicted.

In Mozambique, journalists deemed critical of the government were subjected to threats, harassment and intimidation. Two unidentified men handed a live bullet to Armando Nenane, a journalist and director of the Crónica Jurídica e Juduciária magazine in Maputo. The men claimed to be following orders from their superiors. The incident occurred after a court had cleared Armando Nenane of document forgery and defamation charges brought by the former Minister of Defence. After being cleared, Armando Nenane filed a defamation action against the former minister and members of the intelligence and counter-intelligence.

In Rwanda, journalists operate under the watchful eye of the authorities, often facing surveillance, harassment, intimidation and prosecution for their work. Amnesty International and other civil society organizations made repeated calls for an independent investigation into the death of John Williams Ntwali, a leading journalist, after his death in January 2023. John Williams Ntwali’s family was informed of his death on 19 January 2023, when police asked his brother to identify his body at the Kacyiru Hospital morgue and said that he had died in a motorbike accident in Kimihurura, Kigali in the early hours of 18 January. The car driver who reportedly confessed to causing the accident was convicted in a hasty trial without independent observers present. The lack of details given in the verdict – no precise location of the accident, no mention of video or photo evidence, vague details in the medical report – suggests that no effective investigation took place.

Another journalist, Theoneste Nsengimana, remains in unlawful detention in Rwanda following his arrest in October 2021 for “spreading rumours to cause unrest among the population”.

The Commonwealth Secretariat denied accreditation for the organization’s meeting taking place in Kigali last June to journalists Benedict Moran and Anjan Sundaram. They had published criticism of President Kagame and his government. The secretariat denied their decision was influenced by the host government and indicated that accreditation was denied because the two were not working for “recognised media outlets”.

In South Sudan, nine journalists covering a Sudan People’s Liberation Movement-in-Opposition press conference were briefly arrested by the National Security Service in June 2022 and had their equipment confiscated and audio recordings and photos deleted. The NSS was accused of censorship by the United Nations.

In Somalia, freedom of expression was severely restricted. Journalists were sometimes attacked by security forces and more regularly subjected to threats, harassment, intimidation, beatings, arbitrary arrests, and prosecution. Nine journalists were injured and two media outlets temporarily suspended by the South West State authorities

In October, Somalia’s Ministry of Information issued a directive prohibiting the “dissemination of extremist ideologies from both traditional media broadcasts and social media”. Several media freedom advocates, including the Somali Journalists Syndicate’s secretary general, Abdalle Ahmed Mumin, publicly expressed their concerns about its impact on media freedom and the safety of journalists. Abdalle Mumin was subsequently arrested and charged with several offences under the penal code including instigation to disobey laws. In February 2023, he was sentenced by a Banadir Regional Court to two months jail term for “disobeying government orders”. He was detained at the Mogadishu Central Prison for over a month and was released in late March.

In Tanzania, authorities continued to use repressive media laws to restrict media freedom. On 1 July, the Tanzania Communications Regulatory Authority (TCRA) temporarily suspended DarMpya, an online media outlet, following what it regarded as “complaints… against DarMpya’s content”. The content related to demonstrations by indigenous Maasai people against Kenya’s role in the government’s plans to evict them from their land. In July, the Kenyan journalist Julius Kuyioni was arrested on 7 July on his way to Loliondo and charged with illegal entry in Tanzania. His arrest coincided with the authorities’ attempts to stop journalists covering the Maasai community’s protests against their eviction in Liliondo.

In Zimbabwe, journalists were targeted using a recently introduced cybercrimes law. Between August and September, three journalists became the first people to be arrested under the Cyber and Data Protection Act, which was enacted in December 2021.

Authorities must stop targeting journalists and media organizations for doing their job

Tabani Moyo

Wisdom Mdzungairi, who was the editor-in-chief of Alpha Media Holdings and the editor of NewsDay newspaper, and Desmond Chingarande, a senior reporter at NewsDay, were summoned to Harare Central Police Station in August 2022.

They were questioned in connection with a story they had published on a business enterprise believed to be run by individuals with connections to the government. They were charged with transmitting “false data intending to cause harm” and released only after their lawyer assured officers that they would be available for further questioning when required.

Then on 29 September 2022, a freelance sports journalist, Hope Chizuzu, was arrested under the same law after board members of the Dynamos Football Club filed a complaint against him for reporting on the club. Hope Chizuzu’s mobile phone and iPad were confiscated and kept by the police for “further investigations”. He was released the same day after police issued him with a warning and told him that he would be summoned to appear in court.

In Burundi, journalist Floriane Irangabiye has been detained since August 2022. On 2 January 2023, she was convicted on the trumped-up charge of “undermining the integrity of the national territory” and sentenced to 10 years in prison and a fine of one million Burundian francs (around USD 482). Her prosecution stems from the peaceful exercise of her human rights and for her work as a journalist. On 30 March 2023, the Court of Appeal of Mukaza in Bujumbura held a hearing on her appeal and has 30 days to issue its ruling.

Burundian law enforcement authorities shut down a press conference organized by civil society organizations Words and Actions for the Awakening of Consciences and the Evolution of Mentalities (PARCEM) and the Anti-corruption and Economic Malpractice Observatory (OLUCOME) in March 2022. During the conference, participants had denounced the Ministry of Interior’s measures banning bicycles, tricycles and motorcycles from Bujumbura city centre.

“Press freedom is fundamental to transparent societies. If authorities are committed to building human rights respecting societies and accountable governments, they must stop intimidating and harassing journalists,” Tabani Moyo, Regional Director for the Media Institute of Southern Africa, said.

“Without the press being able to freely report, to scrutinize and hold people in authority or positions of power to account, societies will be plunged into darkness. Authorities must stop targeting journalists and media organizations for doing their job.”

“Authorities must create a conducive environment which allows the press to work without repercussion, intimidation and imprisonment, for doing their job. Journalism should not be criminalized.” said Tigere Chagutah, Amnesty International’s Director for East and Southern Africa.

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“Authorities in the Democratic Republic of Congo, and the United Nations, must promptly send investigators to the areas vacated by M23 to carry out thorough investigations into credible allegations of mass rapes and summary killings, to ensure those responsible are brought to justice. This should include all those up in the line of command and any States that may have supported M23,” Amnesty International’s Secretary General Agnès Callamard said.

Authorities in the Democratic Republic of Congo, and the United Nations, must promptly send investigators to the areas vacated by M23 to carry out thorough investigations into credible allegations of mass rapes and summary killings, to ensure those responsible are brought to justice.

Agnès Callamard, Secretary General, Amnesty International

In February, Amnesty International issued an extended press release in which witnesses from these towns described how M23 fighters, which UN reports say are backed by neighboring Rwanda, committed war crimes and possible crimes against humanity. Rape survivors, and others who were attacked, have yet to receive adequate assistance.

Agnès Callamard said: “The DRC authorities and humanitarian agencies must urgently step in and provide medical and other assistance to the survivors of rape and other victims of violations and crimes who have been left without help for months. The DRC authorities must ensure civilians in the area are protected.”

The DRC authorities and humanitarian agencies must urgently step in and provide medical and other assistance to the survivors of rape and other victims of violations and crimes who have been left without help for months.

Agnès Callamard

“While M23 rebels may have withdrawn from some areas in North-Kivu province, civilians living in the Beni area, and neighboring Ituri province, continue to be killed by members of the Allied Democratic Forces (ADF) and other armed groups. The DRC authorities must take urgent measures to stop the killing of civilians in these areas.”

BACKGROUND

The March 23 Movement (M23) is the latest in a succession of Rwandan-backed rebel groups that claim to defend the rights of the Congolese Tutsi community. Launched in 2012 by insurgents from the Congolese army with support from Rwandan and Ugandan authorities according to the UN, the group was militarily defeated in 2013. It re-emerged in November 2021, and very quickly took control of large parts of North Kivu province, committing serious human rights violations in the process and forcing more than 800,000 people to flee their homes.

The group accuses Congolese authorities of persistently failing to dismantle Rwandan Hutu rebels established in eastern DRC in the aftermath of the 1994 genocide in Rwanda, as well as other armed groups posing a threat to Congolese Tutsi and hindering the return of thousands of them who are refugees in Rwanda.

Through the East African Community’s Nairobi Process and the International Conference for the Great Lakes’ Luanda Process, regional leaders have urged all armed groups, including M23, to demobilize and resolve their grievances with the DRC authorities through dialogue. As a result, in January 2023, M23 started withdrawing from certain areas, while still fighting in others. Over the last month M23 seems to have halted its offensive and to have vacated several areas it had occupied, allowing the reopening of key roads and the gradual return of IDPs.

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Members of the March 23 Movement (M23) rebel group killed at least twenty men and raped scores of women and girls in the eastern Democratic Republic of the Congo, an Amnesty International investigation released today reveals.

Survivors and other witnesses said that between 21-30 November 2022 fighters for the Rwandan- backed M23 group summarily killed at least 20 men and raped at least 66 women and girls, mainly in Kishishe, a small town located about 100km north of Goma, the capital of North-Kivu province.

Since these attacks survivors have been living in terror and utter destitution

Tigere Chagutah, Regional Director East and Southern Africa

The information gathered by Amnesty International appears to show these acts were part of a campaign waged by M23 to punish and humiliate civilians suspected of being supporters of rival armed groups, including the Democratic Forces for the Liberation of Rwanda (FDLR) and local Mai-Mai.

“Since these attacks survivors have been living in terror and utter destitution. While some rape survivors received basic medical attention from community health facilities most urgently need adequate medical and mental health care as well as humanitarian assistance,” said Tigere Chagutah, Amnesty International’s Regional Director for East and Southern Africa.

Survivors describe heinous attacks

Survivors and witnesses told Amnesty International that after taking control of Kishishe, groups of M23 fighters went house-to-house, summarily killing every adult male they found and subjecting scores of women to rape, including gang rape.

They said we were all FDLR. They singled out the men and shot them dead, including my husband and two sons.

Survivor, Kishishe, DRC

Aline* was raped by a group of men on 29 November 2022, along with six other women who were hiding in her house in the village of Kishishe.

She said: “They broke through the gate of the compound and rounded up all the men present, seven in total, who they killed. Five soldiers then raped us: six women and me. They called us FDLR wives.”

Eugenie* told Amnesty International that she was raped by three M23 soldiers on 30 November 2022 outside a church where she had sought refuge with her family following clashes between M23 and other armed groups.

“They said we were all FDLR. They singled out the men and shot them dead, including my husband and two sons. Three M23 soldiers then took me behind the church and took turns to rape me. I thought I would not survive.”

Another survivor who was raped outside the same church told Amnesty International that she counted scores of bodies of men who had been killed.

They took turns brutally raping me in the presence of my terrified little children.

Survivor, Kishishe,DRC

“I counted up to 80 bodies of men who had been shot dead by M23 soldiers at the church. I have never seen so many corpses in my life. I fainted before I could count all of them.”

Of the 13 survivors from Kishishe who said they were raped on 29 or 30 November 2022, 12 said their husbands or adult sons had been killed in cold blood.

Immaculée*, 23, was raped by two M23 soldiers. She told Amnesty International: “They took turns brutally raping me in the presence of my terrified little children. After raping me, they took all the valuables in the house and my two goats. We have found refuge, but we lack everything. We survive on the goodwill of the people who do not have much themselves. I have coped with rape, but I do not know if my children and myself will survive hunger.”

Lack of adequate medical care and humanitarian assistance 

Most survivors interviewed by Amnesty International said they had received basic medical assistance from local health facilities including post-exposure prophylaxis (PEP) for sexually transmitted infections and received emergency contraceptives and painkillers. However, many said they were still suffering from persistent pain due to inadequate care, and there is no mental health support.

Mupenzi* was raped on 21 November in the town of Bambo after M23 soldiers summarily executed her husband.

“I reported to the health centre and received some painkillers, but I have been suffering from severe back pain and excruciating stomach pain. The head nurse at the health centre told me that there was nothing else they could do for me because they do not have the equipment and specialists.”

One health worker interviewed in mid-December 2022 said: “We lack everything from doctors to equipment and medical supplies. Even the PEP Kits are now exhausted with no prospect of replenishment. The situation is untenable.”

Justice and accountability

Days after the attack the Congolese authorities “strongly condemned the heinous crimes in Kishishe and Bambo” and promised to do everything they could to ensure justice. Nearly three months later there has been minimal progress.

“The DRC authorities’ failure to effectively investigate the allegations of patterns of summary killings, rapes, and other crimes under international law in relation to M23’s resurgence, and their inability to hold perpetrators to account, shows a complete contempt for victims,” Chagutah said.

The DRC is a party to several international and regional legal instruments which oblige states to prevent, investigate and prosecute those responsible for human rights abuses, and ensure comprehensive access to remedies for victims, including survivors of sexual violence.

DRC Authorities and international partners must hold perpetrators of such heinous crimes to account and serve justice to victims.

Tigere Chagutah

The scale and brutality of these mass rapes is particularly shocking. M23’s actions in the Kishishe area constitute war crimes and, to the extent that these rapes and murders are being committed by M23 as part of what appears to be a systematic attack on civilians perceived to be supportive of the FDLR and other armed groups hostile to M23, they should be investigated as possible crimes against humanity.

“DRC authorities with international support, including through the ongoing political processes led by the East African Community and the African Union, must hold perpetrators of such heinous crimes to account and serve justice to victims. They must urgently take all necessary steps to ensure that survivors of these crimes promptly receive adequate health care and humanitarian assistance.”

Background

In December 2022 and January 2023 Amnesty International gathered testimonies from 23 rape survivors and 12 eyewitnesses from the towns of Kishishe, Bambo Centre, and Bugina in interviews which were conducted individually on site in the local Swahili language. Amnesty International also reviewed medical records, official documents and interviewed government officials, UN representatives, and prominent humanitarian organizations about patterns of civilian killings and conflict-related sexual violence in the area.

The M23 group, which UN reports say is backed by Rwanda, claims to be fighting for the implementation of previous political agreements with the Congolese government, which provided for the safe return of Congolese Tutsi refugees who have been in Rwanda for two decades. It is also fighting the Democratic Forces for the Liberation of Rwanda (FDLR), a Rwandan rebel group that was established in eastern DRC in the aftermath of the 1994 genocide in Rwanda.

M23 has taken control of large territory in Nord-Kivu province, which borders Rwanda and Uganda, in the last year, driving half a million people to flee their homes according to the UN. Regional diplomatic efforts to stop its advance and disarm all armed groups in eastern DRC – known as the Nairobi process led by the East African Community, and the related Luanda process led by the African Union – have stalled.

*Names of witnesses have been changed to protect their identity.

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“During his trip to the Democratic Republic of Congo and South Sudan, Pope Francis should publicly call on the countries’ leaders to take concrete steps to end impunity for crimes under international law. Improving the human rights situation in each country will not be possible without criminal accountability for atrocities committed amid the armed conflicts.

During his trip to the Democratic Republic of Congo and South Sudan, Pope Francis should publicly call on the countries’ leaders to take concrete steps to end impunity for crimes under international law.

Tigere Chagutah, Regional Director for East and Southern Africa, Amnesty International

“While the DRC authorities initiated a “transitional justice” process, their efforts to actually achieve accountability and justice have proved half-hearted and hesitant. Meanwhile, South Sudanese authorities have failed to prosecute perpetrators of crimes under international law, or to establish the AU-backed Hybrid Court for South Sudan, despite provisions in two peace deals. Instead, they appear to prioritize truth over trials.”

“It is essential that the authorities in each country take urgent steps to address rampant impunity for the atrocities committed during armed conflicts, which have ravaged the countries in recent decades.”

It is essential that the authorities in each country take urgent steps to address rampant impunity for the atrocities committed during armed conflicts, which have ravaged the countries in recent decades.

Tigere Chagutah

Background:

Pope Francis will visit the DRC from 31 January to 3 February and South Sudan from 3 to 5 February. The last visit by a pope to the DRC — Africa’s largest Catholic nation — was 38 years ago. Pope Francis will be the first pope to visit South Sudan.

For over 25 years now, armed conflicts in the DRC have claimed millions of lives, yet both Congolese and foreign perpetrators of these crimes have largely remained unpunished. Earlier this year, a government-appointed committee submitted the first version of a “national transitional justice strategy”, which could take years to finalize and translate into action.

In 2015 and 2018, parties to South Sudan’s latest conflict committed to setting up an African Union-backed Hybrid Court for South Sudan (HCSS) to investigate and prosecute war crimes and other human rights violations committed in the conflict since December 2013. But the creation of the HCSS has been delayed, leaving little to no prospects for accountability for crimes under international law for millions of survivors and victims.

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Amnesty International sends its condolences to all those affected by the recent flooding and landslides in Kinshasa.

Flavia Mwangovya, Deputy Regional Director Campaigns, East Africa, Horn of Africa and Great Lakes Region

“Amnesty International sends its condolences to all those affected by the recent flooding and landslides in Kinshasa. It is absolutely devastating that such tragic losses of human life occur so often in the DRC after natural disasters strike the country.

“The DRC authorities must urgently assist those affected by the flooding and landslides, and ensure they can access food, housing, and health care. They must also take steps to ensure Kinshasa is better planned and well-resourced and prepared to deal with natural disasters.

“Climate change is known to exacerbate extreme weather events. The DRC authorities, however, have failed to learn from previous disasters, which means these catastrophes continue to have a shocking, fatal impact on the residents of Kinshasa.

Authorities must take steps to ensure Kinshasa is better planned and well-resourced and prepared to deal with natural disasters.

Flavia Mwangovya

The right to live in a safe, clean and sustainable environment must be protected and upheld.”

Background

Kinshasa, the capital of the Democratic Republic of the Congo, is home to an estimated 15.6 million people. Floods and landslides are common in the city and across the country during the rainy season, often leading to devastating consequences.

Experts believe the consequences would be much less harmful if Kinshasa and other cities were better planned, with adequate infrastructures including for water channelling, and a better waste management. Kinshasa and other cities lack the means to respond quickly to such disasters.

At the US-Africa Leaders’ Summit in Washington this week, President of the DRC Felix Tshisekedi blamed the deadly flooding and landslides in Kinshasa solely on climate change.

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Those killed during attacks in and around the communities of Bambo and Kishishe, among others, between November 28 and December 1 included older men and children.

Flavia Mwangovya, Amnesty International’s Deputy Director for East Africa, the Horn and Great Lakes region said: “The M23 rebel group must immediately end deliberate and indiscriminate attacks on civilians. We urge all forces in the area, including the Congolese army and the East African Community Regional Force, to take all necessary measures to protect the civilian population while respecting international humanitarian law.

The M23 rebel group must immediately end deliberate and indiscriminate attacks on civilians

Flavia Mwangovya, Deputy Director, East Africa, the Horn and Great Lakes Region

“Even if M23 had assumed that some of the civilians it captured were fighters of another armed group, M23 should have treated them humanely as prisoners. They should not have been killed. The deliberate killing of captives – whether civilians or fighters — is a war crime. Indiscriminate attacks that kill or injure civilians are also war crimes. These killings and other human rights abuses must be investigated, and perpetrators must be made accountable. Parties to this conflict must adhere to international humanitarian law and send a clear message to those under their command that war crimes and other abuses will not be tolerated.

“All forces have an obligation to protect civilians in this conflict. They should take every feasible precaution to ensure their own actions do not cause further harm to civilians, including avoiding, to the maximum extent feasible, the deployment of military forces or equipment within densely populated civilian areas.”

All forces have an obligation to protect civilians in this conflict

Flavia Mwangovya

BACKGROUND

The M23 rebel group sprung from elements within the Congolese army in 2012, claiming to defend the rights of the Congolese Tutsi ethnic group.

The group was defeated by the Congolese army and the UN Force Intervention Brigade in November 2013, and its members fled to Rwanda and Uganda. In November 2021, the group began operating again in North-Kivu province with support from the Rwandan army, according to a leaked report in June 2022 from the UN Group of Experts. After a truce, fighting resumed in October between the M23 and the Congolese army, with M23 managing to capture much of the Rutshuru area of North-Kivu.

Although fighting with the Congolese army and M23 has abated in the last two weeks,  clashes have been regularly reported between the M23 and other armed groups, including the FDLR.

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We are still waiting for the results. Victims’ families deserve to know the truth, including the role played by MONUSCO peacekeepers.

Muleya Mwananyanda, Amnesty International’s Director for East and Southern Africa.

Five UN staff members were among those killed after violent demonstrations erupted in several cities in the east of the DRC from July 25-27. The protesters had been calling for the UN Stabilization Mission in the DRC (MONUSCO) to immediately withdraw from the country. They also accused MONUSCO, which has been in the DRC since 1999, of failing to dismantle armed groups and protect civilians amid the resurgence of M23, an armed rebel group in North Kivu.

“In July this year, the UN said it would work together with the DRC authorities on an investigation into the deaths of demonstrators. We are still waiting for the results. Victims’ families deserve to know the truth, including the role played by MONUSCO peacekeepers. The UN must be transparent about the crackdown and support the provision of access to justice and effective remedies for victims and their families,” said Muleya Mwananyanda, Amnesty International’s Director for East and Southern Africa.

Victims’ families told Amnesty International that apart from receiving USD $2000 to cover funerals fees, they have received no further information or compensation from the government or the United Nations.

‘I want to know who killed my brother’

Witnesses to the brutal crackdown have alleged that UN forces resorted to excessive use of force against demonstrators, including live ammunition.

The brother of one victim told Amnesty International: “I want to know who killed my brother, and why. Even if he would have been part of the protests, [UN peacekeepers] are expected to know how to deal with unarmed protesters without causing unnecessary casualties. They have tear gas and other tools they could have used to disperse the people, instead of shooting them in the head.”

Kassim Diagne, Deputy Special Representative of the UN Secretary General to the DRC, has denied allegations that UN Peacekeepers opened fire on protesters, yet committed to investigating the deaths with DRC officials to determine those suspected to be responsible.

 Anyone suspected to be responsible for the killings of demonstrators and United Nations staff must face justice. 

Muleya Mwananyanda

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Since imposing the state of siege in May 2021, demanding accountability from the DRC authorities in the two affected provinces has become particularly risky

Muleya Mwananyanda, Director for East and Southern Africa

Authorities have threatened to crush the latest protest in North Kivu province, which began on 26 September 2022 to denounce the ongoingoccupation of Bunagana in eastern DRC by the M23 armed group. Protesters are also demanding authorities lift the ongoing state of siege, and insisting on the withdrawal of a UN peacekeeping mission from the country. The Mayor of Goma, an army officer with three pending criminal complaints against him in relation to suppressing peaceful demonstrations, has called the organizers “troublemakers” and threatened them with arrest and prosecution.

“Since imposing the state of siege in May 2021, demanding accountability from the DRC authorities in the two affected provinces has become particularly risky. Dozens of critics of the state of siege have been arbitrarily detained, and sometimes prosecuted by military courts. Military authorities must stop using the state of siege as an excuse to clamp down on dissenting voices,” said Muleya Mwananyanda, Amnesty International’s Director for East and Southern Africa.

President Tshisekedi must translate into action his repeated commitment to uphold human

Muleya Mwananyanda

“President Tshisekedi must translate into action his repeated commitment to uphold human rights. To protect civic space, he must order the lifting of blanket bans on protests imposed by governors and mayors across the country, including in the provinces under the state of siege.”

“Ahead of the 2023 elections, it’s essential that the government takes necessary measures to respect, protect and fulfil human rights, including freedom of association and peaceful assembly, in line with regional and international standards.” said Muleya Mwananyanda.

Amnesty International is calling on the DRC government to ensure all those responsible for unlawful acts committed in the repression of protests are held accountable, and victims receive justice.

Background

President Tshisekedi declared a state of siege (similar to a state of emergency) in eastern DRC’s provinces of North Kivu and Ituri in May 2021. He appointed military and police officers to replace civilian authorities and granted them extraordinary powers, including the power to restrict freedoms and prosecute civilians before military courts, in breach of international law and standards. The measure, meant to be short-lived, has since been extended around 30 times and is set to become permanent, despite its failure to help improve the security situation. On the contrary, armed groups have increased their activity in the region and the number of civilian casualties has more than doubled over the last year and half, as shown by Kivu Security Tracker data. Meanwhile, the state of siege has been used by the military and police authorities appointed and accountable to the President to silence criticism, including by arresting and imprisoning civil society and opposition activists, as Amnesty International has documented.   

Last week, civil society groups in North Kivu called on the population of Goma and other cities in the province to observe two days of “ville-morte” (dead town) on 26 and 27 September to protest the occupation of Bunagana town by M23 since June, which they say is backed by neighbouring Rwanda – a claim supported by a report of the UN Group of Experts in June – to demand the lifting of the state of siege, and the withdrawal of MONUSCO, the UN peacekeeping mission in the country.

DRC authorities have increasingly crushed dissent and arbitrarily detained civil society and opposition activists on trumped-up charges, dashing hopes that the human rights situation in the country would improve after former President Kabila stepped down in January 2019. Just two months ago, mass anti-UN protests in the provinces of North Kivu and South Kivu turned violent, resulting in the deaths of 32 demonstrators and bystanders, and four UN peacekeepers. The investigations promised by the authorities and the UN into these incidents are yet to be concluded.

The right to protest is under threat across all regions of the world. Amnesty International’s new global campaign “Protect the Protest” is challenging attacks on peaceful protest, standing with those targeted and supporting the causes of social movements demanding human rights change.

When policing assemblies, security forces have an obligation to minimize harm and injury, preserve human life and exercise restraint in the use of force. Law enforcement officials should only use force where there is no other means of achieving their legitimate objectives, and when the use of force is necessary and proportionate to the situation they face. This role should always be carried out in a way that ensures full respect for the right to life, liberty, and security of all persons, including those suspected of committing a crime.

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The military escalation in eastern DRC during M23’s resurgence is having devastating consequences for the civilians caught in the middle. All parties to the conflict must strictly respect rules of international humanitarian law, including doing everything to ensure the safety of the civilians

Deprose Muchena, Amnesty International's Director for East and Southern Africa

“The military escalation in eastern DRC during M23’s resurgence is having devastating consequences for the civilians caught in the middle. All parties to the conflict must strictly respect rules of international humanitarian law, including doing everything to ensure the safety of the civilians”, said Deprose Muchena, Amnesty International’s Director for East and Southern Africa.

Fighting between the Congolese army and M23 has resulted in 23 civilian deaths since May 2022, including three children according to the UN.  

“Civilians have already suffered in this latest round of this conflict, with more than 80,000 people fleeing their homes since the fighting resumed in April 2022. Some have left for Uganda and others have been displaced internally. The Congolese authorities and all regional and international stakeholders must swiftly and durably address the worsening human rights situation in accordance with international law.”

Since the resurgence of M23 in November 2021, tension has risen between the governments of DRC and Rwanda. In recent days, verbal and physical attacks targeting people designated as “Rwandans” or “Tutsi” have spread online in the DRC.

The Congolese authorities and all regional and international stakeholders must swiftly and durably address the worsening human rights situation in accordance with international law.”

Deprose Muchena

The Congolese authorities, the UN and several institutions in the DRC and abroad have strongly denounced the advocacy of hatred.

“We welcome Congolese authorities’ clear position against hatred and violence. They must be followed by concrete steps to effectively protect all people without discrimination, and to hold anyone involved in advocacy of hatred and violence to account. The likes of Twitter, Facebook and TikTok should take swift steps to stop the spread of advocacy of hatred on their platforms,” said Deprose Muchena.

Background

Eastern DRC has suffered from armed conflict since the 1990s. The violence has intensified in recent years, with more than 7,380 civilians killed between 2017 and April 2022, according to the Kivu Security Tracker.

President Félix Tshisekedi has imposed a state of siege — similar to a state of emergency — in North Kivu since May 2021 in an attempt to reduce violence. Instead, insecurity has escalated and Amnesty International found that authorities have used the state of siege to restrict the exercise of freedoms of expression and peaceful assembly, and carry out other human rights violations with impunity.

The M23 movement’s attacks in North Kivu resumed in November 2021, eight years after the group was militarily defeated by the Armed Forces of the Democratic Republic of the Congo and the UN Force Intervention Brigade. Its recent demands include implementation by the DRC government of the 2013 Nairobi Agreement, which provided amnesty to M23 members and included their repatriation to the DRC.

The DRC government accuses Rwanda of aggression using M23 as a proxy, and the speaker of DRC’s National Assembly was quoted in the media as accusing Uganda as having sided with M23 and Rwanda during the battle for Bunagana in North Kivu on 13 June 2022. Conversely, Rwanda accuses the DRC of aggression and colluding with members of the Rwandan Hutu rebellion of the Democratic Forces for the Liberation of Rwanda (FDLR) operating in eastern DRC, which contains remnants of the Interahamwe militia and former Rwandan soldiers responsible for the 1994 Rwandan genocide, as well as fighters not involved in the genocide, including many too young to have participated.

At a summit held in Nairobi on 20 June, Heads of State of the East African Community including DRC’s Félix Tshisekedi called on all armed groups in eastern DRC to cease hostilities and directed an immediate ceasefire. They approved the dispatch of a regional force whose mission would be to disarm local and foreign armed groups that fail to disarm voluntary.

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A State of Siege, which is similar to a state of emergency, enforced in the North Kivu and Ituri provinces by the Democratic Republic of the Congo (DRC) authorities since May 2021 has been used as a tool to crush dissent, with two human rights activists killed by security forces and dozens of activists arbitrarily detained on trumped-up charges, Amnesty International said today in a new briefing.

In total disregard of the law, defence and security forces have been given broad powers that are not justified by the stated purpose of the state of siege, which they have used to silence anyone who demands accountability for the state’s actions in the conflict-stricken provinces of North Kivu and Ituri

Deprose Muchena, Amnesty International's Director for East and Southern Africa

The briefing, ‘Justice and freedoms under siege in North Kivu and Ituri’, details how military and police authorities have used sweeping powers to silence individuals deemed critical of the State of Siege, including members of parliament, pro-democracy activists and human rights workers, since the state of siege was first put in place on 3 May 2021. It also shows how the authorities are using military courts to prosecute state critics in unfair trials.

“In total disregard of the law, defence and security forces have been given broad powers that are not justified by the stated purpose of the state of siege, which they have used to silence anyone who demands accountability for the state’s actions in the conflict-stricken provinces of North Kivu and Ituri,” said Deprose Muchena, Amnesty International’s Director for East and Southern Africa. 

“President Felix Tshisekedi must lift all human rights restrictions and ensure that the State of Siege does not become a permanent regime by outlining a clear schedule for ending the restrictions.”

A steep increase in civilian deaths

President Tshisekedi declared that he introduced the State of Siege with the aim to combat armed groups and protect civilians. The number of civilian casualties from armed conflict in the region, however, has more than doubled in the past year. 

Between June 2020 and March 2021, 559 civilians were killed amid armed conflict in North-Kivu and Ituri. According to the United Nations, the number of civilian deaths between June 2021 and March 2022 rose to at least 1,261.

In a report released in August 2021, the National Assembly’s Defence and Security Committee said that “killings, massacres, rapes, robberies… have intensified in the areas concerned.”

A vicious crackdown on critics

Military authorities in North Kivu and Ituri have used broad powers given to them under the State of Siege to suppress any form of protest or criticism. Human rights activists and MPs who have criticized the measure’s legality, duration or effectiveness have been labelled “enemies of the state” and subjected to arbitrary arrest and prosecution — and in two cases documented killed.

At least two peaceful activists have died as a result of authorities’ crackdown on critics, including 22-year-old Mumbere Ushindi, who was shot by police during a protest against state of siege’s failure to stop the killing of civilians. He died of his gunshot wounds on 24 January 2022. Before the demonstration, a police commander threatened to “crush” anyone who dared to protest.

President Felix Tshisekedi must lift all human rights restrictions and ensure that the State of Siege does not become a permanent regime by outlining a clear schedule for ending the restrictions

Deprose Muchena

La Fontaine Katsaruhande, a 21-year-old activist working with the Fight for Change (LUCHA) movement, had his right leg amputated after being shot by a policeman on 21 September 2021 at a peaceful protest also denouncing the continuation of civilian deaths despite the state of siege.

Four provincial MPs and one national MP have been arbitrarily arrested and prosecuted simply for speaking out against the deteriorating security situation and abuses of power by military and police authorities.

In addition, journalists have faced repeated attacks for doing their work, including by non-state actors, which the authorities have failed to investigate. At least three journalists have been killed in North Kivu and Ituri since the State of Siege was declared, according to Journalistes En Danger (JED), an organization working to protect journalists in the country.

The weaponization of military courts and disruption of the justice system

President Tshisekedi’s decision to order military courts to prosecute criminal cases against civilians, has drastically undermined the right to a fair trial. Military courts did not have the capacity to deal with such a significant increase in the number of cases coming to them. This has led to a drastic increase of the number of people in provisional detention waiting for their day in court and further deterioration of prison conditions. Military courts prosecuting and judging civilians is also contrary to international law.

Dozens of human rights activists have been arbitrarily detained on trumped-up charges, including 12 LUCHA activists arrested in Beni in November 2021, and all of whom were sentenced to one year in prison by a military court in April this year for “provocation to disobey the laws.”

The activists had staged a peaceful protest that called for an assessment of the State of Siege, which they said had failed to improve security for civilians. At least eight of the activists have suffered from sickness in prison due to poor detention conditions and ill-treatment.

The DRC authorities must immediately release all those who have been arbitrarily detained

Deprose Muchena

“The increasing use of military courts has severely undermined fair trial rights,” said Deprose Muchena.

“The DRC authorities must immediately release all those who have been arbitrarily detained. It is shocking that the people of North Kivu and Ituri fear not only deadly attacks by armed groups, but also being prosecuted for speaking out to demand effective protection and accountability for these crimes.”

Background

North Kivu and Ituri represent two of the five provinces that make up eastern DRC. Eastern DRC (including North Kivu and Ituri) is rich in natural resources including gold, Coltan, tin, wolframite, tungsten, oil, timber. The region has suffered from armed conflict since the 1990s. The violence has intensified in recent years, with more than 7,380 civilians killed between 2017 and April 2022, according to the Kivu Security Tracker.

On 3 May 2021, the President adopted a decree introducing a state of siege under the guise of protecting civilians. Under the state of siege, all local authorities and ordinary courts have been replaced by military and police officers, and given powers to restrict freedoms of expression, peaceful association, assembly and movement to the extent they deem them necessary. 

The State of Siege was initially for a period of 30 days, with the possibility for the parliament to extend it for periods of two weeks at the request of the government. However, it has since been extended 22 times and is still in force until today.

Amnesty International has conducted 44 interviews with victims of abuses, lawyers, human rights activists and local MPs between August 2021 and April 2022 for this briefing. The organization also analyzed official documents and reports.

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The conviction of these 12 activists simply for having exercised their right to freedom of peaceful assembly is another shameful attempt to suppress dissent in DRC

Flavia Mwangovya, Deputy Director for East Africa, the Horn and the Great Lakes Region

The activists – who have already been held arbitrarily for five months – were sentenced to a further 12 months in prison for their participation in a peaceful demonstration in November last year.

“The conviction of these 12 activists simply for having exercised their right to freedom of peaceful assembly is another shameful attempt to suppress dissent in DRC,” said Flavia Mwangovya, Amnesty International’s Deputy Director for East Africa, the Horn and the Great Lakes Region.

The sentence must be quashed, and these activists must be immediately and unconditionally released

Flavia Mwangovya

“The sentence must be quashed, and these activists must be immediately and unconditionally released. Congolese authorities should address these activists’ legitimate demands for effective protection of civilians in the conflict, instead of preventing them from speaking out.

“President Tshisekedi must lift abusive restrictions on civic space under the pretext of the state of siege, and completely revoke the power given to military courts to judge civilians, in accordance with international human rights standards.”

Background:

13 Lucha activists were arrested on 11 November 2021 in Beni during a peaceful protest to denounce the authorities’ failure to protect civilians against deadly attacks by armed groups, despite the ongoing state of siege.

They have been arbitrarily detained since November 2021, with at least three of them falling seriously ill due to the trauma of their brutal arrest and poor prison conditions. They have not received appropriate medical attention. The activists were accused of “provocation to disobey the laws” and faced three years in prison.

President Félix Tshisekedi declared a ‘state of siege’ in North-Kivu and Ituri provinces in May 2021 with the declared aim of reducing attacks on civilians. However, the implementation has resulted in flagrant human rights violations, including the transfer of political and administrative powers to the military and police, a blanket ban on protests, and the transfer of criminal jurisdiction over civilians to military courts. All of these constitute a violation of the Congolese Constitution, the African Charter on Human and Peoples’ Rights, and the International Covenant on Civil and Political Rights to which the DRC is a party.

Amnesty International has documented dozens of cases of arbitrary arrests and unlawful detention of peaceful activists, journalists, and at least three provincial MPs in the two provinces since May 2021.

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