Council Decision (CFSP) 2023/2768 of 8 December 2023 amending Decision 2010/788/CFSP concerning restrictive measures in view of the situation in the Democratic Republic of the Congo
Date: 2023-12-08
Institutions: Council of the European Union
Subjects: Democratic Republic of the Congo, EU restrictive measure, economic sanctions, international sanctions, legal person, natural person




L_202302768EN.000101.fmx.xml












Official Journal of the European Union


EN
Series L













2023/2768


11.12.2023







            COUNCIL DECISION (CFSP) 2023/2768
of 8 December 2023
         
amending Decision 2010/788/CFSP concerning restrictive measures in view of the situation in the Democratic Republic of the Congo


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 20 December 2010, the Council adopted Decision 2010/788/CFSP (1), which concerns restrictive measures in view of the situation in the Democratic Republic of the Congo (DRC).












(2)


On 12 December 2016, the Council adopted Decision (CFSP) 2016/2231 (2) in response to the obstruction of the electoral process and related human rights violations in the DRC. Decision (CFSP) 2016/2231 amended Decision 2010/788/CFSP, introducing autonomous restrictive measures in Article 3(2) of Decision 2010/788/CFSP.












(3)


On the basis of a review of the restrictive measures laid down in Article 3(2) of Decision 2010/788/CFSP, and considering the relevant circumstances and in view of the gravity of the situation in the DRC, those measures should be renewed until 12 December 2024.












(4)


The statements of reasons relating to certain persons listed in Annex II to Decision 2010/788/CFSP should be amended.












(5)


Decision 2010/788/CFSP should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Decision 2010/788/CFSP is amended as follows:






(1)


in Article 9, paragraph 2 is replaced by the following:

‘2.   The measures referred to in Article 3(2) shall apply until 12 December 2024. They shall be renewed, or amended as appropriate, if the Council deems that their objectives have not been met.’
;









(2)


Annex II is replaced by the text appearing in the Annex to this Decision.






Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.




Done at Brussels, 8 December 2023.


For the Council


The President

N. CALVIÑO SANTAMARÍA
            





(1)  Council Decision 2010/788/CFSP of 20 December 2010 concerning restrictive measures in view of the situation in the Democratic Republic of the Congo (OJ L 336, 21.12.2010, p. 30).

(2)  Council Decision (CFSP) 2016/2231 of 12 December 2016 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ L 336 I, 12.12.2016, p. 7).




ANNEX



‘ANNEX II
LIST OF NATURAL OR LEGAL PERSONS, ENTITIES AND BODIES REFERRED TO IN ARTICLE 3(2)
A.   Persons









 


Name


Identifying information


Reasons


Date of listing




1.


Ilunga KAMPETE


a.k.a. Gaston Hughes Ilunga Kampete; Hugues Raston Ilunga Kampete
DOB: 24.11.1964
POB: Lubumbashi, DRC
Nationality: DRC
Military ID number: 1-64-86-22311-29
Address: 69, avenue Nyangwile, Kinsuka Mimosas, Kinshasa/Ngaliema, DRC
Gender: male


As Commander of the Republican Guard (GR) until April 2020, Ilunga Kampete was responsible for the GR units deployed on the ground and involved in the disproportionate use of force and violent repression in September 2016 in Kinshasa.
He was also responsible for the repression and infringement of human rights committed by GR agents, such as the violent repression of an opposition rally in Lubumbashi in December 2018.
Since July 2020, he has been a high-ranking soldier, as a Lieutenant General in the Congolese Armed Forces (FARDC) and Commander of the Kitona military base in the province of Kongo Central. By virtue of his functions, he bears responsibility for the recent human rights violations committed by the FARDC.
Ilunga Kampete has therefore been involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC.


12.12.2016




2.


Gabriel Amisi KUMBA


a.k.a. Gabriel Amisi Nkumba; “Tango Fort”; “Tango Four”
DOB: 28.5.1964
POB: Malela, DRC
Nationality: DRC
Military ID number: 1-64-87-77512-30
Address: 22, avenue Mbenseke, Ma Campagne, Kinshasa/Ngaliema, DRC
Gender: male


Former Commander of the first defence zone of the Congolese Armed Forces (FARDC), which took part in the disproportionate use of force and violent repression in September 2016 in Kinshasa.
Gabriel Amisi Kumba was Deputy Chief of Staff of the FARDC in charge of operations and intelligence from July 2018 to July 2020.
Since then, he has held the functions of Inspector General of the FARDC. Owing to his high functions, he bears responsibility for recent human rights violations committed by the FARDC.
Gabriel Amisi Kumba has therefore been involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC.


12.12.2016




3.


Célestin KANYAMA


a.k.a. Kanyama Tshisiku Celestin; Kanyama Celestin Cishiku Antoine; Kanyama Cishiku Bilolo Célestin; “Esprit de mort”
DOB: 4.10.1960
POB: Kananga, DRC
Nationality: DRC
DRC passport number: OB0637580 (valid from 20.5.2014 to 19.5.2019)
Schengen visa number: 011518403, issued on 2.7.2016
Address: 56, avenue Usika, Kinshasa/Gombe, DRC
Gender: male


As Commissioner of the Congolese National Police (PNC), Célestin Kanyama was responsible for the disproportionate use of force and violent repression in September 2016 in Kinshasa.
Célestin Kanyama was Director-General of the PNC’s training schools from July 2017 until April 2023.
In October 2018, police officers intimidated and deprived journalists of freedom, after the publication of a series of articles on the misappropriation of police cadet rations and the role that Célestin Kanyama played in these events.
Célestin Kanyama remains a high-ranking police officer and is still on active duty. Owing to his role as a senior PNC official, he bears responsibility for the recent human rights violations committed by the PNC.
Célestin Kanyama has therefore been involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC.


12.12.2016




4.


John NUMBI


a.k.a. John Numbi Banza Tambo; John Numbi Banza Ntambo; Tambo Numbi
DOB: 16.8.1962
POB: Jadotville-Likasi-Kolwezi, DRC
Nationality: DRC
Address: 5, avenue Oranger, Kinshasa/Gombe, DRC
Gender: male


John Numbi was Inspector General of the Congolese Armed Forces (FARDC) from July 2018 until July 2020. Owing to his role, he bears responsibility for the human rights violations committed by the FARDC between July 2018 and July 2020, such as disproportionate violence against illegal miners from June to July 2019 committed by FARDC troops under his direct authority.
John Numbi has therefore been involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC.
Until early 2021, John Numbi retained a position of influence in the FARDC, especially in Katanga, where serious human rights violations committed by the FARDC have been reported.
John Numbi is involved in destabilising activities in the DRC, aimed in particular at the secession of the province of Katanga.
John Numbi is therefore still a threat to the human rights situation in the DRC and is responsible for sustaining the instability in the country, especially in Katanga.


12.12.2016




5.


Evariste BOSHAB


a.k.a. Evariste Boshab Mabub Ma Bileng
DOB: 12.1.1956
POB: Tete Kalamba, DRC
Nationality: DRC
Diplomatic passport number: DP0000003 (valid from 21.12.2015 to 20.12.2020)
Schengen visa expired on 5.1.2017
Address: 3, avenue du Rail, Kinshasa/Gombe, DRC
Gender: male


In his capacity as Vice Prime Minister and Minister of the Interior and Security from December 2014 to December 2016, Evariste Boshab was officially responsible for the police and security services and for coordinating the work of provincial governors. In this capacity, he was responsible for arrests of activists and opposition members, as well as for disproportionate use of force, including between September 2016 and December 2016 in response to demonstrations in Kinshasa, which resulted in a large number of civilians being killed or injured by security services.
Evariste Boshab has therefore been involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC.
Evariste Boshab has also played a part in the exploitation and aggravation of the crisis in the Kasai region, where he maintains a position of influence, in particular since becoming Senator of Kasai in March 2019.


29.5.2017




6.


Alex Kande MUPOMPA


a.k.a. Alexandre Kande Mupomba; Kande-Mupompa
DOB: 23.9.1950
POB: Kananga, DRC
Nationality: DRC and Belgian
DRC passport number: OP0024910 (valid from 21.3.2016 to 20.3.2021)
Addresses: Messidorlaan 217/25, 1180 Uccle, Belgium
1, avenue Bumba, Kinshasa/Ngaliema, DRC
Gender: male


As Governor of Kasai Central until October 2017, Alex Kande Mupompa was responsible for the disproportionate use of force, violent repression and extrajudicial killings committed by security forces and the Congolese National Police (PNC) in Kasai Central from August 2016, including killings in the territory of Dibaya in February 2017.
Alex Kande Mupompa has therefore been involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC.
Alex Kande Mupompa has also played a part in the exploitation and aggravation of the crisis in the Kasai region for which he was a representative until October 2019 and in which he maintains a position of influence through the Congrès des alliés pour l’action au Congo (CAAC) which is part of the provincial government of Kasai.


29.5.2017




7.


Éric RUHORIMBERE


a.k.a. Eric Ruhorimbere Ruhanga; “Tango Two”; “Tango Deux”
DOB: 16.7.1969
POB: Minembwe, DRC
Nationality: DRC
Military ID number: 1-69-09-51400-64
DRC passport number: OB0814241
Address: Mbujimayi, Kasai Province, DRC
Gender: male


As Deputy Commander of the 21st military region from September 2014 to July 2018, Éric Ruhorimbere was responsible for the disproportionate use of force and extrajudicial killings perpetrated by the Congolese Armed Forces (FARDC), in particular against the Nsapu militia and against women and children.
Éric Ruhorimbere was the Commander of the Nord Equateur operational sector from July 2018 until October 2022. He is at the disposal of the General Staff of the FARDC and is still on active duty. Owing to his role in the FARDC, he bears responsibility for the recent human rights violations committed by the FARDC.
Éric Ruhorimbere has therefore been involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC.


29.5.2017




10.


Ruvugayimikore PROTOGÈNE


a.k.a. Ruhinda; Gaby Ruhinda; Zorro Midende
DOB: 1968 or 1969
Gender: male
Function or profession: leader of the Democratic Forces for the Liberation of Rwanda – Forces Combattantes Abacunguzi (FDLR-FOCA); leader of the Maccabé group (formerly Commando de recherche et d’action en profondeur (CRAP)) of the FDLR-FOCA


Ruvugayimikore Protogène is a leader of the Democratic Forces for the Liberation of Rwanda – Forces Combattantes Abacunguzi (FDLR-FOCA), a non-governmental armed group operating in the Eastern DRC. He leads, in particular, the Maccabé group (formerly known as the Commando de recherche et d’action en profondeur (CRAP)) of the FDLR-FOCA.
The FDLR-FOCA, including the Maccabé group, contributes to the armed conflict, instability and insecurity in the DRC, in particular through violence and serious human rights abuses, including attacks on civilians, killings, violence against children, rapes and other acts of sexual violence.
Owing to his leading position in the FDLR-FOCA, Ruvugayimikore Protogène is therefore involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC. He is also responsible for sustaining the armed conflict, instability and insecurity in the DRC.


8.12.2022




11.


Meddie NKALUBO


a.k.a. Mohammed Ali Nkalubo; Abul Jihad; Punny Boy
DOB: 1987, 1991, 1992 or 1993
Nationality: Uganda
Gender: male
Function or profession: senior Allied Democratic Forces leader


Meddie Nkalubo is a senior leader of the Allied Democratic Forces (ADF), a non-governmental armed group operating in Uganda, Rwanda and the Eastern DRC. He has been identified as holding various responsibilities in the ADF, including communication and propaganda, recruitment, fabrication of arms, and rapprochement with ISIL (Da’esh). Meddie Nkalubo has also been identified as the leading figure in charge of the ADF’s external operations, tasked with organising and overseeing its external financing and coordinating the flow of ISIL (Da’esh) funds towards the ADF.
The ADF contributes to the armed conflict, instability and insecurity in the DRC (particularly in the Ituri and North Kivu provinces), in particular through violence and serious human rights abuses, including attacks against civilians, killings and abduction.
Owing to his senior leading position and various responsibilities in the ADF, Meddie Nkalubo is therefore involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC. He is also responsible for sustaining the armed conflict, instability and insecurity in the DRC.


8.12.2022




12.


Justin BITAKWIRA


a.k.a. Bihona-Hayi
DOB: 5.12.1960
POB: Lemera, DRC
Nationality: DRC
Gender: male
Function or profession: politician, former national minister and president of the Alliance for the Republic and National Consciousness


Justin Bitakwira is a Congolese politician, former government minister and member of the political party “Union for the Congolese Nation”.
In his public speeches, he has repeatedly incited violence and encouraged discrimination and hostility towards the Banyamulenge community, which has been targeted and attacked by armed groups.
Those inflammatory speeches and narratives contribute to fuelling the conflict and violence in the DRC, in particular in the Hauts-Plateaux region characterised by inter-communal conflicts.
Justin Bitakwira is therefore responsible for sustaining the armed conflict, instability and insecurity in the DRC, through inciting violence.


8.12.2022




13.


Joseph Nganzo Olikwa TIPI


a.k.a. Colonel Tipi Ziro Ziro, Joseph Ngadjole, Joseph Nganzole Olikwa
DOB: 10.11.1977
POB: Bunia Fataki, DRC
Nationality: DRC
Gender: male
Rank: Colonel of the FARDC
Position: Deputy Commander of the 12th Rapid Reaction Brigade in Minembwe, former Commander of the 312th battalion of the 31st Main Defence Brigade
Military ID: 1-77-96-32692-76


Joseph Nganzo Olikwa Tipi was Commander of the 312th battalion of the 31st Main Defence Brigade of the Armed Forces of the Democratic Republic of the Congo (FARDC) until January 2022.
Forces of the 312th battalion under his command and responsibility have committed attacks on civilians and serious human rights violations, in particular rapes of women between June and December 2021.
Joseph Nganzo Olikwa Tipi remains a high-ranking officer in the FARDC, as Colonel and Deputy Commander of the 12th Rapid Reaction Brigade in Minembwe (South Kivu).
Owing to his functions, he bears responsibility for recent human rights violations committed by the FARDC.
Joseph Nganzo Olikwa Tipi is therefore involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC.


8.12.2022




14.


Désiré LONDROMA NDJUKPA


a.k.a. Désiré Lokana Lokanza
Gender: male
Function or profession: CODECO URDPC Defence Officer (“charge of defence”)


Désiré Londroma Ndjukpa is a leader of the Cooperative for Development of the Congo/Union of Revolutionaries for the Defence of the Congolese People (CODECO URDPC), identified as its defence officer (“charge of defence”), and co-leader of its political wing.
The CODECO URDPC is a non-governmental armed group operating in the Eastern DRC and contributing to the armed conflict, instability and insecurity in the DRC, in particular through violence and serious human rights abuses, including killings, sexual violence and attacks on civilians such as attacks on internally displaced persons camps between mid-November 2021 and February 2022, targeting in particular the Hema community.
Owing to his leading position in the CODECO URDPC, Londroma Ndjukpa is therefore involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC. He is also responsible for sustaining the armed conflict, instability and insecurity in the DRC.


8.12.2022




15.


Willy NGOMA


a.k.a. Major Willy Ngoma
Gender: male
Function or profession: spokesperson of the March 23 Movement/Congolese Revolutionary Army (Mouvement du 23 mars/Armée révolutionnaire du Congo – M23/ARC)


Willy Ngoma holds the leading position of spokesperson of the March 23 Movement/Congolese Revolutionary Army (Mouvement du 23 mars/Armée révolutionnaire du Congo – M23/ARC), a non-governmental armed group operating in the Eastern DRC.
The M23/ARC contributes to the armed conflict, instability and insecurity in the DRC, in particular through violence and serious human rights abuses, including killings, attacks and sexual violence against civilians.
Owing to his leading position in the M23/ARC, Willy Ngoma is therefore involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC. He is also responsible for sustaining the armed conflict, instability and insecurity in the DRC.


8.12.2022




16.


William YAKUTUMBA


DOB: 1970
POB: Lunbondia, South-Kivu, DRC
Nationality: DRC
Gender: male
Function or profession: leader of the Coalition Nationale du Peuple pour la Souverainité du Congo (CNPSC); founder and leader of the Mai-Mai Yakutumba militia


William Yakutumba is the Secretary-General and Commander of the Coalition Nationale du Peuple pour la Souverainité du Congo (CNPSC), a coalition of the so-called Mai-Mai militias in South Kivu province of the DRC. He is the founder and leader of one of the largest militias of that coalition, the Mai-Mai Yakutumba.
The Mai-Mai Yakutumba contributes to the armed conflict, instability and insecurity in the DRC, in particular through violence and serious human rights abuses, including massacres of village populations, attacks on civilians, rapes and other acts of sexual violence.
The Mai-Mai Yakutumba also controls gold mines in the Eastern DRC, together with CNPSC members who control the mining routes. They profit from the illicit exploitation of and trade in gold. The Mai-Mai Yakutumba uses profits gained through that trade to finance its armed activities.
Owing to his leading position in the CNPSC and in the Mai-Mai Yakutumba militia, William Yakutumba is therefore involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC. He is also responsible for sustaining and exploiting the armed conflict, instability and insecurity in the DRC, including through the illicit exploitation and trade of natural resources.


8.12.2022




17.


Alain François Viviane GOETZ


DOB: 24.4.1965
POB: Deurne, Antwerp, Belgium
Nationality: Belgian
Gender: male


Alain Goetz is a businessman, who is the former beneficial owner and former director of African Gold Refinery Ltd, registered in Uganda. He remains linked to African Gold Refinery Ltd as an advisor and promoter.
Since 2016, African Gold Refinery Ltd has received, purchased, refined and traded illicit gold originating from mines in the DRC that are controlled by non-governmental armed groups, including the Mai-Mai Yakutumba and Raia Mutomboki, which are involved in destabilising activities in South Kivu province.
Alain Goetz also retains gold-related interests in the region through the company Aldabra, which he controls.
For all these reasons, Alain Goetz is exploiting the armed conflict, instability and insecurity in the DRC through the illicit exploitation and trade of natural resources.


8.12.2022




18.


Bernard Maheshe BYAMUNGU


a.k.a. Tiger One
Function/rank: Brigadier-General in the March 23 Movement/Congolese Revolutionary Army (Mouvement du 23 mars/Armée révolutionnaire du Congo – M23/ARC), Deputy Commander of operations
DOB: 10.10.1974
Nationality: DRC
Gender: male


Bernard Byamungu holds a leading position in the military branch of the March 23 Movement/Congolese Revolutionary Army (Mouvement du 23 mars/Armée révolutionnaire congolaise – M23/ARC) as Brigadier-General and Deputy-Commander of operations of this non-governmental armed group operating in Eastern DRC.
The M23/ARC sustains the armed conflict, instability and insecurity in the DRC and is responsible for serious human rights abuses in that country, in particular through attacks against civilians and the Congolese armed forces (FARDC), killings, torture, rapes and forced labour, such as a series of killings targeting civilians in the town of Kisheshe on 29 November 2022.
Owing to his leading position in the M23/ARC, Bernard Byamungu is therefore involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC. He is also responsible for sustaining the armed conflict, instability and insecurity in the DRC.


28.7.2023




19.


Michel RUKUNDA


a.k.a. Makanika
Function/rank: Commander and Military leader of the armed group Twirwaneho in South Kivu
DOB: 12.9.1974
POB: Minembwe, South-Kivu, DRC
Nationality: DRC
Gender: male


Michel Rukunda is a former Colonel of the Congolese armed forces (FARDC) and the Commander and Military leader of the non-governmental armed group Twirwaneho operating in South Kivu, which claims to represent the Banyamulenge Community.
Twirwaneho sustains the armed conflict, instability and insecurity in the DRC and is responsible for serious human rights abuses in that country, in particular through the voluntary or forced child recruitment to participate actively in hostilities, attacks against civilians and the Congolese armed forces (FARDC), and killings, such as attacks against civilians in Mikenge village in November 2021 which killed at least six persons.
In addition, Michel Rukunda has been directly involved in the military training of recruits and in the use of children, including as armed escorts.
Owing to his leading position in Twirwaneho and his direct involvement in the training and use of children, Michel Rukunda is therefore involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC. He is also responsible for sustaining the armed conflict, instability and insecurity in the DRC.


28.7.2023




20.


Charles SEMATAMA


a.k.a. Sebanyana
Function/rank: Commander, Deputy military leader of Twirwaneho
DOB: 1975
POB: Kalunyo village, around Kamombo localities, South Kivu, DRC
Nationality: DRC
Gender: male


Charles Sematama is a former officer of the Congolese armed forces (FARDC) and holds the leading position of Commander and Deputy Military leader of the non-governmental armed group Twirwaneho operating in South Kivu, which claims to represent the Banyamulenge Community.
Twirwaneho sustains the armed conflict, instability and insecurity in the DRC and is responsible for serious human rights abuses in that country, in particular through the voluntary or forced child recruitment to participate actively in hostilities, attacks against civilians and the Congolese armed forces (FARDC), and killings, such as attacks against civilians in Mikenge village in November 2021 which killed at least six persons.
In addition, Charles Sematama has been directly involved in propaganda sessions as well as in the forced recruitment and use of children, including as armed escorts.
Owing to his leading position in Twirwaneho and his direct involvement in the forced recruitment and use of children, Charles Sematama is therefore involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC. He is also responsible for sustaining the armed conflict, instability and insecurity in the DRC.


28.7.2023




21.


Ahmad Mahmood HASSAN


a.k.a. Ahmad Mahamood Hassan, Ahmad Mahmoud Hassan, Jundi, Abwakasi, Abuwakas, Murabu, Marabou, or Mwarabu
Function/rank: ADF senior leader.
DOB: Approximately 1993
Nationality: Tanzanian
Gender: male


Ahmad Mahmood Hassan is a senior leader of the Allied Democratic Forces (ADF), a non-governmental armed group operating in Uganda and the Eastern DRC. He has been identified as holding key responsibilities in the ADF, including command of a camp, training of recruits, production of bombs, online outreach and rapprochement with ISIL (Da’esh).
The ADF sustains the armed conflict, instability and insecurity in the DRC (particularly in the Ituri and North Kivu provinces) and is responsible for serious human rights abuses in that country, in particular through attacks against civilians, killings and abductions, such as the attacks in March 2023 in southern and south-east Beni territory killing more than 80 civilians and abducting more than 20 others.
In addition, Ahmad Mahmood Hassan has been directly involved in the planning and conduct of ADF attacks, including a bombing in the small town of Kasindi (Beni territory) on 15 January 2023 and a bomb attack in Goma on 7 April 2022 which killed six persons and injured sixteen others.
Owing to his senior leading position within the ADF and his direct involvement in the planning and conduct of ADF attacks, Ahmad Mahmood Hassan is therefore involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC. He is also responsible for sustaining the armed conflict, instability and insecurity in the DRC.


28.7.2023




22.


Janvier Karairi (“Karahiri”) BUINGO


Function/rank: General, head of APCLS
DOB: Approximately 1962
Nationality: assumed Congolese (DRC)
Gender: male


Janvier Karairi holds the leading position of General and head of the Alliance des patriotes pour un Congo libre et souverain (APCLS), a non-governmental armed group operating in the North-Eastern DRC and involved in the coalition of armed groups “Alliance des résistants de la patrie” (ARP) against the March 23 Movement/Congolese Revolutionary Army (Mouvement du 23 mars/Armée révolutionnaire congolaise – M23/ARC).
The APCLS sustains the armed conflict, instability and insecurity in the DRC and is responsible for serious human rights abuses in that country, in particular through participating in operations of the coalition of armed groups ARP, such as in Kitshanga and Rubaya in January and late February 2023, killings of and attacks against civilians, notably against Congolese Tutsi’s, and grave violations committed against children such as rapes and other forms of sexual violence and abduction.
Owing to his leading position in the APCLS, Janvier Karairi is therefore involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC. He is also responsible for sustaining the armed conflict, instability and insecurity in the DRC.


28.7.2023




23.


Justin Maki GESI


a.k.a. Le petit loup de la montagne
Function/rank: Commander of CODECO/Alliance pour le Développement du Congo (CODECO/ALC).
DOB: unknown
Nationality: assumed Congolese (DRC)
Gender: male


Justin Maki Gesi holds a leading position as Commander of the ALC/CODECO, a non-governmental armed group operating in North-Eastern DRC (especially Ituri).
The ALC/CODECO sustains the armed conflict, instability and insecurity in the DRC and is responsible for serious human rights abuses in that country, in particular through the use of children as combatants, abductions, killings of and attacks against civilians, such as the attack on the villages of Nyamamba and Mbogi on 13 January 2023 after which more than 40 victims were found.
Owing to his leading position in the CODECO/ALC, Justin Maki Gesi is therefore involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC. He is also responsible for sustaining the armed conflict, instability and insecurity in the DRC.


28.7.2023




24.


Apollinaire HAKIZIMANA


a.k.a. le poète, Adonia
Function/rank: Lieutenant-General within FDLR/Commissioner of Defense
DOB: 1964
Nationality: Rwanda
Gender: male


Apollinaire Hakizimana is a military leader of the “Forces démocratiques de libération du Rwanda – Forces combattantes abacunguzi” (FDLR-FOCA), as General and Commissioner of Defense of this non-governmental armed group operating in Eastern DRC.
The FDLR-FOCA sustains the armed conflict, instability and insecurity in the DRC and is responsible for serious human rights abuses in that country, in particular through recruitment and training of combatants, killings of civilians, and grave violations committed against children such as rapes and other acts of sexual violence and abduction.
Owing to his leading position in the FDLR-FOCA, Apollinaire Hakizimana is therefore involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC. He is also responsible for sustaining the armed conflict, instability and insecurity in the DRC.


28.7.2023




25.


Simon (Salomon) TOKOLONGA


Function/rank: Colonel, commander of the FARDC 3411th regiment
DOB: 17.4.1972
POB: Kishandja (North Kivu)
Nationality: DRC
Gender: male


Colonel Simon Tokolonga holds a leading position in the Congolese Armed Forces (FARDC) as head of its 3411th regiment.
Colonel Tokolonga attended a meeting in Pinga on 8 and 9 May 2022 where local armed groups, such as the Nduma défense du Congo-Rénové (NDC-R) and the Alliance des patriotes pour un Congo libre et souverain (APCLS), gathered and forged a coalition to resist the March 23 Movement/Congolese Revolutionary Army (Mouvement du 23 mars/Armée révolutionnaire congolaise – M23/ARC) (coalition “Alliance des résistants de la patrie” – ARP). The presence of Colonel Tokolonga has revealed the cooperation of some FARDC members with this coalition.
In addition, members of the 3411th regiment of the FARDC have supplied weapons and ammunitions to armed groups operating in the DRC, including the provision of more than a dozen boxes of ammunition to FDLR (“Forces démocratiques de libération du Rwanda”) fighters in Kazaroho in July 2022. Colonel Tokolonga has reportedly coordinated several weapons supplies to armed groups operating against M23/ARC.
The non-governmental armed groups part of the ARP coalition, including the NDC-R, APCLS and FDLR, sustain the armed conflict, instability and insecurity in the DRC, and are responsible for serious human rights abuses in that country, in particular through recruitment and training of combatants, participation in operations against M23/ARC, attacks against civilians, killings, and grave violations committed against children such as rapes and other forms of sexual violence and abduction.
Owing to his leading position in the 3411th regiment of the FARDC and his coordinating role in weapons supplies, Simon Tokolonga is therefore responsible for providing support to armed groups sustaining the armed conflict, instability and insecurity in the DRC, including by providing them with arms and ammunitions.


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26.


Jean Pierre NIRAGIRE


a.k.a. Jean-Pierre, Gasasira
Function/rank: Captain, commander of the Rwandese Defence Forces (RDF) Special Forces Unit active in Northern Kivu.
Nationality: Rwanda
Gender: male


Captain Jean-Pierre Niragire holds the leading position of commander of the Rwanda Defense Forces (RDF) special forces deployed in the North Kivu region of the DRC from May 2022 onward.
The objective of the RDF military actions on the DRC territory has been to reinforce the March 23 Movement/Congolese Revolutionary Army (Mouvement du 23 mars/Armée révolutionnaire congolaise – M23/ARC), a non-governmental armed group operating in Eastern DRC, in particular by providing it with troops and materiel.
The M23/ARC sustains the armed conflict, instability and insecurity in the DRC, and is responsible for serious human rights abuses in that country, in particular through attacks against civilians and the Congolese armed forces (FARDC), killings, torture, rapes and forced labour, such as a series of killings targeting civilians in the town of Kisheshe on 29 November 2022.
As commander of the RDF special forces deployed in the North Kivu region, Jean Pierre Niragire is therefore responsible for providing support to the armed group M23/ARC, which sustains the armed conflict, instability and insecurity in the DRC, in particular by providing it with troops and materiel.


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B.   Entities


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ELI: http://data.europa.eu/eli/dec/2023/2768/oj
ISSN 1977-0677 (electronic edition)