Council Implementing Decision (CFSP) 2024/2064 of 26 July 2024 implementing Decision 2010/788/CFSP concerning restrictive measures in view of the situation in the Democratic Republic of the Congo
Date: 2024-07-26
Institutions: Council of the European Union
Subjects: Democratic Republic of the Congo, EU restrictive measure, economic sanctions, international sanctions, legal person, natural person








L_202402064EN.000101.fmx.xml












Official Journal of the European Union


EN
L series













2024/2064


26.7.2024







            COUNCIL IMPLEMENTING DECISION (CFSP) 2024/2064
         
of 26 July 2024
         
implementing 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 31(2) thereof,


Having regard to Council Decision 2010/788/CFSP of 20 December 2010 concerning restrictive measures in view of the situation in the Democratic Republic of the Congo (1), and in particular Article 6(2) 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.












(2)


On 12 December 2016, the Council adopted Decision (CFSP) 2016/2231 (2) in response to the obstruction of the electoral process and the related human rights violations in the Democratic Republic of the Congo (DRC). Decision (CFSP) 2016/2231 amended Decision 2010/788/CFSP and introduced additional restrictive measures.












(3)


Further to an evaluation of the relevant circumstances and in view of the gravity of the situation in DRC, the Council considers that nine persons and one entity should be added to the list of natural or legal persons, entities and bodies set out in Annex II to Decision 2010/788/CFSP.












(4)


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





HAS ADOPTED THIS DECISION:



Article 1
Annex II to Decision 2010/788/CFSP is amended in accordance with the Annex to this Decision.


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




Done at Brussels, 26 July 2024.


For the Council


The President


               BÓKA J.





(1)  
            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 to Decision 2010/788/CFSP is amended as follows:






(1)


the following persons are added to Section A (‘Persons’):









 


Name


Identifying information


Reasons


Date of listing




‘27.


Benjamin MBONIMPA


Function/rank: Executive Secretary of the March 23 Movement / Congolese Revolutionary Army (M23/ARC), Supervisor of the permanent secretariat of the Alliance Fleuve Congo
Gender: male


Benjamin Mbonimpa holds a leading position as Executive Secretary of the M23/ARC, a non-governmental armed group operating in Eastern DRC.
The M23/ARC sustains the armed conflict, instability and insecurity in the DRC, in particular through inciting violence. In addition, it is responsible for serious human rights abuses, including killings, attacks and sexual violence against civilians.
Owing to his leading position in the M23/ARC, Benjamin Mbonimpa 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.


26.7.2024




28.


Justin Gacheri MUSANGA


a.k.a. Gaceri MUSANGA, CS BRAVO SIERRA, BRAVO THREE
Function/rank: Brigadier-General of the March 23 Movement / Congolese Revolutionary Army (M23/ARC)
POB: Masisi, DRC
Gender: male
Father: Erasto NTIBATURANA (Hutu customary leader in BUSUMBA)


Justin Gacheri Musanga holds a leading position as Brigadier-General of the M23/ARC, a non-governmental armed group operating in Eastern DRC.
The M23/ARC sustains the armed conflict, instability and insecurity in the DRC, in particular through inciting violence. In addition, it is responsible for serious human rights abuses, including killings, attacks and sexual violence against civilians, as well as child recruitment.
Owing to his leading position in the M23/ARC, Justin Gacheri Musanga 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.


26.7.2024




29.


Pierre Celestin RURAKABIJE


a.k.a. Guillaume NGABO, Bagdad, Simba Guillaume, Samba Guillaume, Ngabo Simba, Lieutenant-Colonel
Function/rank: Deputy Commander of the “Commando de recherche et d’action en profondeur” (CRAP) of the Forces Démocratiques pour la Libération du Rwanda / Forces Combattantes Abacunguzi (FDLR/FOCA)
Nationality: Rwanda
Gender: male


Pierre Celestin Rurakabije holds a leading position as Deputy Commander within the Democratic Forces for the Liberation of Rwanda – Forces Combattantes Abacunguzi (FDLR-FOCA), a non-governmental armed group operating in Eastern DRC. In particular, he is the Deputy Commander of the “Commando de recherche et d’action en profondeur” (CRAP) of the FDLR-FOCA – considered as the commando and intelligence unit of the armed group.
FDLR-FOCA is a largely Hutu armed group, some of whose leaders took part in the 1994 genocide in Rwanda. The FDLR-FOCA, including the CRAP unit, 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, rape and other acts of sexual violence.
Owing to his leading position within the FDLR, Pierre Celestin Rurakabije 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.


26.7.2024




30.


Gustave KUBWAYO


a.k.a. Sirkoof, Surkoof, Sirkoff, Surcouf, Surcoff, Surcof, Surkouf, Syrkoff, Modeste, Slycove, Colonel
Function/rank: Commander of the “Commando de recherche et d’action en profondeur” (CRAP) of the Forces Démocratiques pour la Libération du Rwanda / Forces Combattantes Abacunguzi (FDLR/FOCA)
POB: Karago municipality, Gisenyi prefecture, Rwanda; or Nyabihu District, Western province, Rwanda
Nationality: Rwanda
Gender: male


Gustave Kubwayo holds a leading position as Commander in the Democratic Forces for the Liberation of Rwanda – Forces Combattantes Abacunguzi (FDLR-FOCA), an armed group operating in Eastern DRC. He leads the special unit “Commando de recherche et d’action en profondeur” (CRAP) of FDLR-FOCA – considered as the commando and intelligence unit of the armed group.
FDLR-FOCA is a largely Hutu armed group, some of whose leaders took part in the 1994 genocide in Rwanda. FDLR-FOCA fighters, including the CRAP unit, have committed rape and other acts of sexual violence and killed civilians. FDLR-FOCA is systemically engaged in kidnappings for ransom, arbitrary detentions and executions of civilians and the recruitment of child combatants. The armed group is also involved in illegal logging, exploitation of natural resources such as charcoal, and illegally collected taxes at checkpoints.
In his position as Commander of the CRAP unit, Gustave Kubwayo is involved in committing acts that constitute serious human rights violations or abuses in the DRC. He is also responsible for sustaining the armed conflict in the DRC.


26.7.2024




31.


Jean Claude HABYARIMANA MBITSE


a.k.a. Jules MULUMBA, Habyarimana Mbitshemunda
Function/rank: Spokesperson of the “Collectif des mouvements pour le changement / Forces de défense du peuple” (CMC-FDP), VDP Spokesperson and Liaison Officer
POB: Rugari Groupement, Rutshuru Territory, North Kivu province, DRC
Address: Bujumbura, Burundi
Nationality: Congolese
Gender: male


Jean Claude Habyarimana Mbitse holds a leading position as spokesperson of the “Collectif des mouvements pour le changement / Forces de défense du peuple” (CMC-FDP), a non-governmental armed group operating in Eastern DRC. In addition, Jean Claude Habyarimana Mbitse holds a leading position as spokesperson and liaison officer of the so-called “Wazalendo” or “Volontaires pour la Défense de la Patrie” (VDP), a coalition of non-governmental armed groups operating in Eastern DRC which fights against the coalition of M23/RDF/AFC.
The CMC-FDP and VDP sustain the armed conflict, instability and insecurity in the DRC, in particular through inciting violence. In particular, CMC-FDP and VDP combatants committed serious human rights violations and abuses against civilians. For instance, VDP combatants are systemically engaged in kidnappings for ransom, torture, rape, arbitrary detentions and executions of civilians, and the recruitment of child combatants.
Owing to his leading position in the CMC-FDP and VDP, Jean Claude Habyarimana Mbitse 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.


26.7.2024




32.


Dominique KAMANZI NDARURUTSE


a.k.a. Domi, Dominique NDARURUTSE, Général, Dominique NDARUHUTSE
Function/rank: Commander of the Collectif des Mouvements pour le Changement-Forces de Défense du Peuple (CMC-FDP)
DOB: 1982
POB: Kashavu, Bukombo Groupement, Rutshuru Territory, North Kivu province, DRC
Nationality: Congolese
Gender: male


Dominique Kamanzi Ndarurutse is a Commander of the “Collectif des Mouvements pour le Changement-Forces de Défense du Peuple” (CMC-FDP), an armed group active in Eastern DRC and part of the so-called “Wazalendo” or “Volontaires pour la Défense de la Patrie” (VDP) coalition consisting of the Congolese armed forces (FARDC) and several other armed groups. This coalition fights against the coalition of the March 23 Movement / Congolese Revolutionary Army (M23/RDF) and the “Alliance Fleuve Congo” (AFC) in Eastern DRC and has been involved in human rights violations.
The CMC-FDP and VDP sustain the armed conflict, instability and insecurity in the DRC, in particular through inciting violence. In particular, CMC-FDP and VDP combatants committed serious human rights violations and abuses against civilians. For instance, VDP combatants are systemically engaged in kidnappings for ransom, torture, rape, arbitrary detentions and executions of civilians, and the recruitment of child combatants.
As a Commander of CMC-FDP, Dominique Kamanzi Ndarurutse operates its military command and is therefore involved in committing acts that constitute serious human rights violations and abuses in the DRC. As a leader of CMC-FDP, he is also responsible for sustaining the armed conflict, instability and insecurity in the DRC.


26.7.2024




33.


Amigo KIBIRIGE


a.k.a. Kibirige Muhammand, Mzee Amigo, Simba Amigo, Marine
Function/rank: Allied Democratic Forces Commander
DOB: 1975 to 1979
POB: Masaka, Uganda
Nationality: Ugandan
Gender: male


Amigo Kibirige is an Allied Democratic Forces (ADF) Commander. ADF is a non-governmental armed group operating in Uganda and Eastern DRC. Amigo Kibirige has been identified as one of the main ADF commanders operating in Mwalika.
The ADF sustains the armed conflict, instability and insecurity in the DRC (particularly in the Ituri and North Kivu provinces), for example with attacks on civilians. In addition, it is responsible for serious human rights abuses, including attacks against civilians, killings and abductions.
Owing to his senior leading position as ADF Commander, Amigo Kibirige is 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.


26.7.2024




34.


Augustin MIGABO


Function/rank: Colonel, Deputy Commander of the Special Force Command of the Rwanda Defence Force (RDF)
DOB: March 1968
Place of birth: Burundi
Nationality: Rwandan
Military service number: 1574
Gender: male


Colonel Augustin Migabo holds a leading position as Deputy Commander of the Special Force Command of the Rwanda Defence Force (RDF), deployed in DRC as from May 2022, more specifically in the North Kivu region.
The objective of the RDF presence in DRC is to reinforce the operations of the March 23 Movement / Congolese Revolutionary Army (M23/ARC), a non-governmental armed group operating in Eastern Congo, by providing troops and equipment.
The RDF presence in the DRC constitutes a violation of the territorial integrity of the DRC. It also sustains the armed conflict, instability and insecurity in the region as well as the serious human rights abuses and violations committed by members of M23/ARC.
Owing to his leading position within the RDF troops present in DRC, Augustin Migabo is responsible for sustaining the armed conflict, instability and insecurity in the DRC. He is also 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 equipment.


26.7.2024




35.


Corneille NANGAA YOBELUO


Function/rank: Founder, leader and political coordinator of the “Alliance Fleuve Congo” (AFC)
DOB: 9.7.1970
POB: Bagboya, Wamba Territory, Haut-Uele Province, DRC
Nationality: Congolese
Passport number: DP0000149, DP0003850
Gender: male


Corneille Nangaa Yobeluo holds a leading position as founder, leader and political coordinator of the “Alliance Fleuve Congo” (AFC), a politico-military movement operating in Eastern DRC and openly associated with several non-governmental armed groups, including the March 23 Movement / Congolese Revolutionary Army (M23/ARC).
Several non-governmental armed groups, including the M23/ARC, have fuelled armed conflict, instability and insecurity in the DRC, with the support of the AFC. By publicly and repeatedly calling for the military and violent overthrow of the Congolese government, the AFC also incites violence.
Owing to his leading position as founder, leader and political coordinator of the AFC, Corneille Nangaa Yobeluo is therefore responsible for sustaining the armed conflict, instability and insecurity in the DRC. He is also responsible for providing support to the armed group M23/ARC, which sustains the armed conflict, instability and insecurity in the DRC, in particular by forming an alliance and working closely with M23/ARC.


26.7.2024’;














(2)


the following entity is added to Section B (‘Entities’):









 


Name


Identifying information


Reasons


Date of listing




‘1.


Alliance Fleuve Congo (AFC)


Date of creation: 15.12.2023
Place of creation: Kenya


The “Alliance Fleuve Congo” (AFC) is a politico-military movement operating in Eastern DRC and is openly associated with several non-governmental armed groups, including the March 23 Movement / Congolese Revolutionary Army (M23/ARC).
Several non-governmental armed groups, including the M23/ARC, have fuelled the armed conflict, instability and insecurity in the DRC, with the support of the AFC. By publicly and repeatedly calling for the military and violent overthrow of the Congolese government, the AFC also incites violence.
The AFC is therefore responsible for sustaining the armed conflict, instability and insecurity in the DRC. AFC is also responsible for providing support to the armed group M23/ARC, which sustains the armed conflict, instability and insecurity in the DRC, in particular by forming an alliance and worked closely with M23/ARC.


26.7.2024’.











ELI: http://data.europa.eu/eli/dec_impl/2024/2064/oj
ISSN 1977-0677 (electronic edition)