Nduma défense du Congo-Rénové (NDC-R)

For information on links to the Forces Armees de la Republique Democratique du Congo (FARDC) see 3.1. Forces Armees de la Republique Democratique du Congo (FARDC).

For information on NDC-R’s main location of activities, including human rights violations, see

77 Roméo Dallaire Child Soldiers Initiative, Democratic Republic of the Congo Country Report: Children

& Security, October 2018, 2. State, Non-State, and International Actors, b) Non-State Actors, Coalition nationale du peuple pour la souveraineté du Congo (CNPSC), p. 20

78 UN Secretary-General, Implementation of the Peace, Security and Cooperation Framework for the Democratic Republic of the Congo and the Region, 2 October 2018, II. Major developments, A. Security situation, para. 5

79 UN Secretary-General, Implementation of the Peace, Security and Cooperation Framework for the Democratic Republic of the Congo and the Region, 12 March 2019, II. Major developments, A. Security situation, para. 5

80 See Congo Research Group, The CNPSC, Rebellion Social Marginalization and State Complicity in South Kivu, February 2019

81 See the map ‘Members of the CNPSC January 2018’ on p. 2. Congo Research Group, The CNPSC, Rebellion Social Marginalization and State Complicity in South Kivu, February 2019

At

main armed groups active in Masisi and Lubero, North Kivu, of which the NDC-R is one, as included in the following report: UN Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO), Détérioration de la situation des droits de l’homme dans

The Heidelberg Institute for International Conflict Research ‘2018 Conflict Barometer’ noted that “Activism by the Nduma Defense of Congo (NDC) decreased in 2018 after its leader, Ntabo Ntaberi Sheka, surrendered on 26 June 2017. However, break-away faction NDC-Renewed (NDC-R), led by Shimiray Mwissa Guidon, emerged as one of the largest groups in North Kivu, consisting of around 1,000 to 1,250 fighters and controlling large parts of Walikale and Lubero territories and small parts of Masisi territory *…+ NDC activities mainly concentrated on clashes with NDC-R as well as attacks on FARDC”

With regards to its leadership, the UN Group of Experts noted in their June 2018 report that:

According to a large variety of sources, NDC-R is an armed group that is considered to be well-disciplined and structured. Guidon *…+ together with deputy commander “General”

Gilbert Bwira Chuo and his chief of staff, “Colonel” Deo Bafosse Mparanyi, resides in the armed group’s headquarters, located in Irameso in Walikale territory. Other important individuals in the movement are cited below, starting with “Colonel” Masiya Sita Tondeze, the T510 of the movement. He was one of the main leaders during the attack on Miriki in July 2017 *…+ and started the occupation of Kasugho in March 2017. “Colonel” Jean-Claude Kamutoto was the brigade commander in Kasugho, while “Colonel” Kasereka Kifagiyo was the brigade commander in Irameso. Eustache Kabaya Suwamene and Désiré Ngabo Kisuba, respectively the spokesperson and secretary of Guidon, also manage public relations. They travel regularly to Kinshasa, Goma or Beni.⁸³

The report by MONUSCO covering events from January 2017 to October 2018 provided the following background on the NDC-R [unofficial translation]:

According to various local sources, 70 % of Lubero territory is under the control of various armed groups, including Nduma Defense of Renovated Congo (NDC/R), Mai-Mai Mazembe, various other Mai-Mai groups, and various other groups. It is difficult to estimate their numbers given their movements between the territories of Lubero, Beni and Walikale. In addition, some coalitions are forged and splits occur over time [...] The NDC/R was forged after a dissent within Checka's NDC. Mostly of Nyanga ethnic origin, in 2016 they joined forces with Mai-Mai Mazembe in the Lubero territory, including the Union of Patriots for the Defense of the Innocent (UPDI), in the hunt for the Democratic Forces of The Liberation of Rwanda (FDLR) - Hutu rebels who fled Rwanda after the 1994 genocide. After being driven out of Lubero, the NDC/R and Mai-Mai Mazembe separated due to diverging economic interests, including the control of mining squares and villages where they have imposed illegal taxes on activities and people. Mai-Mai groups, particularly Mai-Mai Mazembe, were originally set up to protect their Nande community by pushing back combatants from foreign armed groups, particularly the FDLR. *…+ While ethnicity is a determining factor in the

82 Heidelberg Institute for International Conflict Research, Conflict Barometer 2018, February 2019, Sub-Saharan Africa, DR Congo (Mayi-Mayi et al.), p.73

83 UN Group of Experts on the Democratic Republic of the Congo, Final report of the Group of Experts on the Democratic Republic of the Congo, 4 June 2018, II. Armed groups, D. Nduma défense du Congo-Rénové, para. 73

formation of alliances and therefore in the intensity of conflict in these areas, economic interests also appear to significantly affect the evolution of armed groups and their operations. For example, discrepancies between the NDC/R and Mai-Mai Mazembe may have emerged in April 2016 due to financial clashes between their commanders, making Butembo's western zone a new battleground for controlling minerals. The majority of armed groups operating in Lubero territory are involved in the illegal exploitation of natural resources. The NDC/R, and some Mai-Mai groups control deposits of raw materials including gold, wood and coal, over which they have the monopoly in the western part of the territory of Lubero. They are also involved in poaching and trafficking in protected species (including elephants, gorillas and leopards) *…+ In April 2018, the Beni Supreme Military Prosecutor's Office opened an investigation into the alleged links between NDC/R combatants and FARDC soldiers. At least two soldiers from the FARDC sub-sector based in Lubero-center were arrested as part of this investigation for their involvement in trafficking FARDC uniforms, weapons and ammunition with the NDC/R in Kagheri and Kasugho. On 11 September 2018, in Bingi village, a woman from Goma was reportedly arrested with 800 rounds of ammunition and FARDC uniforms that she was planning to sell to the NDC/R fighters.

According to sources, this woman is said to be a member of the family of a FARDC officer who defected to join the NDC/R.⁸⁴

The UN Group of Experts, reporting between 10 November 2017 and 8 April 2018 found that

“NDC-R was one of the largest armed groups active in North Kivu and that it had increased its zone of influence significantly since the Group’s last reporting on the group *…+ The name of the NDC-R leader, ‘General’ Shimiray Mwissa Guidon, was added to the sanctions list of the Committee on 1 February 2018 *…+ The Group found that sanctioned individual Guidon was still popular among the local community in Walikale territory owing to his ability to provide security and to defend their interests. At the same time, NDC-R combatants were involved in illegal taxation of the local population, as well as in committing human rights violations against the population. NDC-R took advantage of the lack of the FARDC presence in the region, their own disciplined organization and their relationship with some FARDC elements to control a significant part of North Kivu”.

The group was estimated to have around “1,000 to 1,250 active NDC-R combatants”.

The UN Group of Experts stated in relation to the location of this armed group in the reporting period November 2018 to 18 April 2019:

Three ex-combatants told the Group that Guidon had a close protection unit of about 90 combatants and that several hundred combatants were present in Irameso. At the time of preparation of the present report, Kasugho in Lubero territory was considered to be the second headquarters of the movement. Several ex-combatants and two civilians told the Group that, at any one time, 150 to 250 combatants were present in Kasugho, with an advanced post in Kagheri comprising 75 elements. Other localities with a significant presence

84 UN Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO), Détérioration de la situation des droits de l’homme dans le Masisi et le Lubero (NordKivu) et défis relatifs à la protection des civils entre janvier 2017 et octobre 2018, December 2018, p. 8 [Unofficial translation provided by a COI researcher]

85 UN Group of Experts on the Democratic Republic of the Congo, Final report of the Group of Experts on the Democratic Republic of the Congo, 4 June 2018, II. Armed groups, D. Nduma défense du Congo-Rénové, para. 75

86 UN Group of Experts on the Democratic Republic of the Congo, Final report of the Group of Experts on the Democratic Republic of the Congo, 4 June 2018, II. Armed groups, D. Nduma défense du Congo-Rénové, paras. 70 and 71

of NDC-R combatants were Bukumbirwa, Bunyatenge, Fatua, Buleusa, Oninga, Mutongo, Fungulamachu and Makokundu.⁸⁷

The same source further found that the NDC-R “expanded its territorial control in North Kivu and increased its troop strength, thereby posing a serious threat to stability in the area.

Armed clashes between NDC-R and other local armed groups in northern Masisi and western Rutshuru territories in mid-January 2019 resulted in a number of serious human rights violations. The Group also identified collaboration between FARDC and NDC-R in these areas, consistent with previous findings”.

It further noted that “As previously reported *…+

the Group confirmed that NDC-R continued to finance its activities through the control of mining sites and taxation in Walikale and Lubero territories, expanding into Masisi territory”.

The UN Group of Experts documented several human rights violations committed by the NDC-R, notably the “brutal enforcement of an established community service activity called

involved adult men *…+ cleaning in the military camp, building houses for the combatants or rehabilitating roads in the region. Those who did not attend to perform such labour were beaten and detained. Several ex-combatants confirmed the use of forced labour”.

Other violations reported to the UN Group of Experts included the forcible order to transport goods to other NDC-R camps and the witnessing of summary executions.

ACLED noted in its ‘Fact Sheet’ of 25

July 2019 that “The NDC-Renove — led by Guidon Mwissa, a militia commander who faces UN sanctions for alleged war crimes — has continued to clash with other armed groups as it expands its territory across Masisi, Lubero, Rutshuru, and Walikale. The militia often targets Hutu armed groups and pushed National Council for Renewal and Democracy (CNRD) forces from the region, according to a recent UN Group of Experts report. Allegedly allied with the Armed Forces of the Democratic Republic of the Congo (FARDC), the NDC-Renove is often left unopposed in the territory it gains, facilitating frequent human rights abuses. From July 2018 to the present, the NDC-Renove has been responsible for 17 attacks on civilians, resulting in over 40 reported fatalities. The group also engaged in 56 armed clashes, resulting in more than 220 reported fatalities”.

87 UN Group of Experts on the Democratic Republic of the Congo, Final report of the Group of Experts on the Democratic Republic of the Congo, 4 June 2018, II. Armed groups, D. Nduma défense du Congo-Rénové, para. 74

88 UN Group of Experts on the Democratic Republic of the Congo, Final Report of the Group of Experts on the Democratic Republic of the Congo, 7 June 2019, Summary, p. 2

89 UN Group of Experts on the Democratic Republic of the Congo, Final Report of the Group of Experts on the Democratic Republic of the Congo, 7 June 2019, V. Natural resources and financing, C.

Financing of the Nduma défense du Congo-Rénové, para. 187

90 UN Group of Experts on the Democratic Republic of the Congo, Final report of the Group of Experts on the Democratic Republic of the Congo, 4 June 2018, II. Armed groups, D. Nduma défense du Congo-Rénové, para.87

91 UN Group of Experts on the Democratic Republic of the Congo, Final report of the Group of Experts on the Democratic Republic of the Congo, 4 June 2018, II. Armed groups, D. Nduma défense du Congo-Rénové, paras. 88 and 89

92 ACLED Admin, Fact Sheet – Conflict in the DRC, 25 July 2019