Was state of siege in eastern DRC right approach?

Author: Yousuf Rwaka

• 2023-02-23 05:06:00

From late 2021, North Kivu and Ituri provinces of the Democratic Republic of Congo have been under a state of siege due to escalation of hostilities triggered by the M23 rebels’ resurgence. All civil authorities on provincial level were replaced by military personnel with the aim, allegedly, of restoring order.

The strategy was extended over 20 times with no positive results. Internally and externally displaced people keep on increasing, persecutions and lynching are ongoing, and women are still being raped by terror groups including FDLR which the national army is collaborating with.

Since the introduction of the state of siege, social unrest has reached higher levels, as massacres of Kinyarwanda-speaking Congolese – specifically the Tutsi – are encouraged by government officials.

President Félix Tshisekedi was wrong in enforcing the state of siege. A large number of indiscipline, corruption, rape, robbery and looting cases have been reported among officers of Congolese national army against civilians they are supposed to protect.

In 2020, the United Nations Joint Human Rights Office (UNJHRO) in DRC reported that Congolese soldiers were responsible for the highest number of human rights violations, 22 per cent. Most of these violations were documented in conflict-affected areas (92 per cent), mainly in North-Kivu with 39 per cent - South Kivu 13 per cent, Tanganyika 12 per cent and Ituri 8 per cent.

Congolese soldiers were responsible for 295 violations of the right to life. Among 449 victims were 295 victims of extrajudicial killings of which 48 are women and 24 are children. There were also 13, 565 violations of the right to physical integrity that involved 1,029 victims, including 140 women and 86 children victims of sexual violence.

In the documented 321 violations of the right to liberty and security of person which involved 969 victims, 130 are women and 98 are children. There were other 450 violations of the right to property recorded.

In the same year, the national police agents were responsible for 17 per cent of the total number of human rights violations, in particular in the provinces of North-Kivu (24 per cent), Kasai (17 per cent), Kasai-Central (12 per cent), South-Kivu and Haut-Katanga (9 per cent each).

These agents committed more violations in conflict-affected provinces (80 per cent) than in non-affected provinces (20 per cent). They were mainly responsible for 161 violations of the right to life involved 231 victims, including 149 victims of extrajudicial killings of which 13 are women and eight are children.

The 355 violations of the right to physical integrity involved 712 victims, including 34 women and 42 children victims of sexual violence. Among 449 violations of the right to liberty and security of person which involved 1,404 victims, there are 133 women and 79 children, and 232 violations of the right to property.

With this very poor record of integrity and discipline by Congolese security forces, it is clear that replacing them with civilian authorities was akin to adding fuel to an already burning fire.

The state of siege signifies that Tshisekedi never wanted peace and order in east DRC. He is sure that his army is incompetent, even on the battle ground, otherwise he would not have involved them in civil affairs.

Congolese security forces were, on many occasions, reported setting up road barriers for civilians to cross only after paying bribes. They complain that their salaries are too little and irregular, making it difficult for them to survive.

The Special Representative of the UN Secretary General in DRC, Bintou Keita, noted that the period of the state of siege saw a 10 per cent increase in the number of violations and abuses of human rights in the country.

A lack of trust in the Congolese army by citizens is an obstacle towards achieving peace and stability. Incapable to manage military operations, army commanders will never properly govern civilians in these volatile provinces.

Ahead of the December 2023 presidential elections, Kinshasa is creating insurgence with one intention – to postpone the polls and help an unpopular Tshisekedi stay longer in power.

Tshisekedi is, in so doing, using these eastern DRC provinces as a sacrificial lamb.