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DRC: Kinshasa’s responsibility in FDLR atrocities revealed in court

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FDLR elements.

In his July 24 hearing in a Kinshasa military court, Nkuba Shebandu Eric, alias Malembe, the former strategic advisor of the leader of Congo River Alliance (AFC), Corneille Nangaa, reiterated that Kinshasa works with a Rwandan genocidal militia, FDLR.


The FDLR is a terrorist group formed by remnants of the perpetrators of the 1994 genocide against the Tutsi in Rwanda who fled to the east of the Democratic Republic of Congo (DRC), then Zaire, after their genocidal regime had been overthrown.


Nkuba was captured by Tanzanian intelligence services on January 3, at the airport in Dar es Salaam while heading to a meeting. He was then transferred to Kinshasa. Among others, the defendant is accused of “war crimes, participation in an insurrectional movement and treason.”


The trial involves 25 defendants, mostly top leaders of AFC and M23 rebel group. Five who were captured were physically present in the courtroom while others were prosecuted in absentia.


Nkuba told the military court that during his extended stay in Rutshuru, North Kivu province, he saw Congolese national army, FARDC, collaborating with the FDLR in the battle against M23 rebels.


"FDLR is heavily featured in FARDC. If you (the Congolese authorities) hadn't taken away my computer, I would have shown you images, videos, and even documents of the FDLR working with FARDC to fight the M23 rebels," Nkuba said in court.


He said that FDLR had been in Rutshuru since 1994. It was the FDLR which had a final say on everything done not only in Rutshuru territory but also nearly the whole eastern DRC. Even tourists had to first pay FDLR once they got to the area.


The FDLR ruled in Rutshuru before the arrival of M23 rebels. Even the FARDC could not set foot there.


On numerous occasions, Kinshasa has been denying the presence of FDLR in the country while collaborating with the genocidal militia integrated in the national army. Some FDLR combatants are in the Congolese Republican Guard.


In its July 26 list of sanctioned individuals, the European Union (EU) sanctioned the deputy Commander Pierre Celestin Rurakabije and Commander Gustave Kubwayo of FDLR.


The EU revealed how FDLR sustains the armed conflict, instability and insecurity in DRC, in particular through inciting violence. In addition, the FDLR is responsible for serious human rights abuses, including killings, sexual violence and attacks on civilians, as well as child recruitment.


Despite the violence orchestrated by FDLR, it remained Kinshasa’s ally.


A Human Rights Watch report published on October 18, 2022, pined Congolese army commanders on supplying arms and ammunitions to the FDLR.  An FDLR fighter told HRW that he witnessed four transfers of ammunition. “It’s the government [troops] that would always provide us with ammunition,” he said. “They also gave us uniforms and boots.”


The latest UN Group of Experts on DRC report confirms that FDLR remains an important actor in the ever-escalating conflict in eastern DRC. The FDLR poses security threats not only in eastern DRC but also in the African great lakes region at large.


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