Tshisekedi party attack on UN peacekeepers violates international law

On Monday, July 25, hundreds of people demonstrated in the eastern Democratic Republic of Congo (DRC) town of Goma where they attacked a UN peacekeepers base,   armed with stones and other crude objects. The demonstrators set ablaze a vehicle belonging to MONUSCO while lots of equipment was looted. They tool off with nearly everything including office material, solar panels, computers and many other valuable items. Congolese security officers, including police officers, are seen in various footage joining in the loot.

Other Congolese police officers at the scene of the violent riots looked away as the MONUSCO premises were being ransacked and roads blocked using huge stones. Some of the government soldiers (FARDC) were also seen joining civilians in the looting spree. A press release signed by MONUSCO deputy special representative in charge of operations and Acting Head of Mission, Khassim Diagne, condemned the attack and looting reminding DRC authorities that, “its premises are inviolable under the Status of Forces Agreement between the United nations and the Government of the Republic of the Congo (SOFA), as well as the 1946 Convention on the Privileges and Immunities of the United Nations.”

On July 15, Senate President Modeste Bahati Lukwebo while in Goma, met with politicians from the AFDC party which is part of President Tshisekedi’s coalition. Lukwebo said that MONUSCO should leave DRC because “they have done nothing in more than 20 years in the country.”

Almost at the same time, a youth group in Goma called UDPS/Tshisekedi Federation de Goma, led by its coordinator,   K. Sepengwa, released a communiqué announcing a planned demonstration against the UN Mission on Monday, July 25.

The communiqué called on the population in Goma to stop all other activities on the day, and join the youth from President Félix Tshisekedi’s political party in demonstrations, citing inability by the UN peacekeepers to assure protection of the population and discouraging government forces on the frontline.

It is hypocritical for the DRC government spokesperson, Patrick Muyaya, to turn around and claim that the government “condemns the demonstrations”, when it is evident that all the planning and supervision of the riots and related chaos was made with the full knowledge of Tshisekedi under the banner of his political party, UDPS. 

On December 18, 2020, The UN Security Council adopted, Resolution 2556 renewing MONUSCO's mandate including, on an exceptional basis, a Force Intervention Brigade. The main mission of MONUSCO was to protect civilians against armed rebel groups as well as to support the stabilization, the strengthening of public institutions and the major governance and security reforms.

 Although MONUSCO receives billions of dollars annually to implement its mandate, there is no significant improvement on the security situation in eastern DRC.  According to official documents, in the financial year 2021-2022 alone, MONUSCO’s approved budget is a staggering $1,123,346,000! Again to more disappointment, MONUSCO has been implicated in devious schemes including working closely with the armed militia groups such as; FDLR and Mai Mai Nyatura, the very groups it is supposed to hunt, fight and disarm. This means, therefore, that MONUSCO instead of providing a solution to the insecurity in eastern DRC, added to the burden. It became part of the problem in the region.

MONUSCO’s mandate includes encouraging the Government of DRC to put in place an inclusive security sector reform that guarantees security and justice for all. However, Kinyarwanda speaking Congolese have been persecuted and killed by DRC government forces under the full watch of the UN forces.

Instead of promoting inclusivity in the army, MONUSCO joined hands with FARDC, FDLR and Mai Mai to fight against M23 rebels, which is contrary to the mandate of UN peacekeepers. The latter are not supposed to form alliances with negative armed groups. MONUSCO has not been able to bring the DRC government and M23 rebels to a negotiating table despite an unfulfilled agreement signed between the two sides in 2013.

The question here one can ask is: why has Tshisekedi who has been supported by MONUSCO to fight against M23 rebels turned his back?

First of all, Tshisekedi has committed one big mistake of planning violent attacks against UN peacekeepers who are serving on a UN Security Council mandate. It’s an open violation of international law and order. If Tshisekedi is not satisfied with the performance of MONUSCO, there are established legal diplomatic channels to request for the withdraw of the UN force rather than using violent and criminal methods.  

Tshisekedi is in a panicky mood as the 2023 presidential elections close in.

His growing discomfort relates to the loss of ground for political support. And therefore, he is trying to provoke MONUSCO to make an early departure before the full deployment of the expected East African force. 

By doing so, the DRC leader believes that he will create a vacuum which can help him create more violence in eastern DRC to enable him declare a state of emergency – reason for him to postpone elections until his house is in good order.

However, political analysts view this strategy as suicidal. The move shows lack of leadership credentials and is likely to jeopardize his political ambitions.