Nduma défense du Congo-Rénové (NDC-R)

For information on specific human rights violations committed by this particular group see sections 8. Sexual and Gender-Based Violence (SGBV), and 9.1. Recruitment and use of child soldiers.

According to the UN Secretary-General’s report covering major events and developments between 29 June and 25 September 2019:

the Nduma défense du Congo-Rénové (NDC-R) armed group continued to pose a significant threat to the safety and security of civilians. The group is known to have carried out summary executions of civilians, rape, unlawful imprisonment and the imposition and collection of illegal taxes. The strategy of NDC-R to extend its area of control beyond Masisi and Walikale territories, in particular into Rutshuru territory, led to violent confrontations with other local armed groups. The clashes resulted in the killing of at least 60 civilians and caused large - scale displacement. Up to 25 schools remain closed in Masisi territory owing to insecurity, leaving approximately 3,000 students without access to education.⁷⁷

On Masisi and Rutshuru territories, between 29 September and 25 November 2019, the UN Secretary-General provided the following overview:

In Masisi Territory and surrounding areas, the Nduma défense du CongoRénové (NDC-R) has continued to expand its area of control, resulting in a climate of impunity for human rights violations and abuses, including sexual violence. Frequent clashes between NDC-R and the Alliance des patriotes pour un Congo libre et souverain (APCLS), the Forces démocratiques de libération du Rwanda (FDLR) and Nyatura armed groups have further increased insecurity and led to the killing of at least 46 civilians, the rape of 18 women and the displacement of civilians.

FARDC launched military operations against armed groups in Masisi on 6 October [2019].

While APCLS, FDLR and Nyatura appeared to be the initial targets, some clashes were also reported with NDC-R later in the month.⁷⁸

75 UN Security Council, United Nations Organization Stabilization Mission in the Democratic Republic of the Congo, Report of the Secretary-General, 18 March 2021, para. 15

76 UN Security Council, Final report of the Group of Experts on the Democratic Republic of the Congo, 10 June 2021, Summary

77 UN Security Council, United Nations Organization Stabilization Mission in the Democratic Republic of the Congo, Report of the Secretary-General, 27 September 2019, para. 19

78 UN Security Council, United Nations Organization Stabilization Mission in the Democratic Republic of the Congo, Report of the Secretary-General, 26 November 2019, para. 15

The Group of Experts on the DRC, as mandated by a UN Security Council resolution, reported in its report covering August to November 2019:

since the outset of its mandate, there have been increased armed clashes between the armed groups Nduma défense du Congo-Rénové (NDC-R) and the Collectif des mouvements pour le changement (CMC) in Masisi and Rutshuru territories, North Kivu Province. NDC-R continued to recruit and expand while its leader, sanctioned individual Guidon Shimiray Mwissa (permanent reference number CDi.033 on the sanctions list of the Security Council Committee established pursuant to resolution 1533 (2004) concerning the Democratic Republic of the Congo), remained at large and subject to a Congolese arrest warrant. NDC-R continued to receive arms and ammunition from some members of the armed forces, the Forces armées de la République démocratique du Congo (FARDC).⁷⁹

Further details on the NDC-R’s leadership, recruitment and training, taxation and expansion into Rutshuru and Masisi territories between August and November 2019 can be found in the UN Security Council, Midterm report of the Group of Experts on the Democratic

Republic of the Congo, 20 December 2019, paras. 12-19 and 36-38.

The Group of Experts on the DRC reported in its report covering November 2019 to 25 April 2020:

Clashes between Nduma défense du Congo-Rénové (NDC-R) and various Nyatura armed groups increased in Masisi and Rutshuru territories. In particular, the Collectif des mouvements pour le changement/Forces de défense du peuple (CMC/FDP) lost positions following NDC-R attacks and FARDC operations in Bwito area, Rutshuru territory.⁸⁰

Further details on the NDC-R’s command and control, as well as structure and support network between November 2019 and 25^th April 2020 can be found in the UN Security Council, Final report of the Group of Experts on the Democratic Republic of the Congo, 2 June 2020, paras. 20-27.

The Group of Experts on the DRC reported in its report covering 25 April 2020 to 19 November 2020:

Nduma défense du Congo-Rénové (NDC-R) split into two factions: one led by former NDC-R leader and sanctioned individual Guidon Shimiray Mwissa (CDi.033) and the other by his deputy, Gilbert Bwira Chuo. NDC-R continued to benefit from the diversion of government stocks, with several FARDC officers supplying them with weapons and ammunition. FARDC contributed to the NDC-R split, its restructuring and the strengthening of the Bwira faction as a proxy to track down the Guidon faction and fight other armed groups.⁸¹

The U.S. Department of State’s annual human rights report covering 2020 included information from the Congo Research Group, which assessed that:

the NDC-R, under commander Guidon Shimiray Mwissa (Guidon) between 2014 and 2020, emerged as the most dominant and effective rebel group in the country. The report described the NDC-R’s successful development of parallel governance and tax schemes in the large,

79 UN Security Council, Midterm report of the Group of Experts on the Democratic Republic of the Congo, 20 December 2019, Summary

80 UN Security Council, Final report of the Group of Experts on the Democratic Republic of the Congo, 2 June 2020, Summary

81 UN Security Council, Midterm report of the Group of Experts on the Democratic Republic of the Congo, 23 December 2020, Summary

resource-rich areas under its control. According to the Congo Research Group, the NDC-R’s success battling other major groups, such as the FDLR, allowed it to establish and maintain a collaborative relationship with the FARDC, in which NDC-R was permitted to hold territory, established businesses, and collected taxes, “mimicking the FARDC and the state.” In return, the FARDC supplied NDC-R with ammunition and uniforms and allowed the group unhindered passage through large swaths of the east. In July local media reported the group split after the ousting of the group’s commander, Guidon, and FARDC increased attacks on Guidon’s faction in an attempt to execute the existing warrant for his arrest. Other armed groups took advantage of this instability to move into NDC-R-controlled territory. As of November, Guidon remained at large.⁸²

The same report further highlighted that:

IAGs, including the Nduma Defense of Congo-Renewal (NDC-R) and other groups, were responsible for at least 1,315 summary executions as of June 30 [2020], which the UNJHRO described as a “staggering increase” when compared with the 416 killings recorded during the same period in 2019.⁸³

The Heidelberg Institute for International Conflict Research reported on the following armed group attacks and conflict in North and South Kivu in 2020:

[…] The most active groups in North Kivu were the Nduma Defense of Congo-Renovated (NDC-R), Alliance of Patriots for a Free and Sovereign Congo (APCLS), and the Collective Movement for Change (CMC) comprising Nyatura groups, whereas in South Kivu Raia Mutomboki (RM) factions and armed groups affiliated with the Banyamulenge community, on the one hand, and Bafuliiro, Babembe, and Banyindi communities, on the other, dominated the conflict dynamics. NDC-R remained active and operated in North Kivu territories Rutshuru, Masisi, and Walikale, extending both the territory under its control and its troop strength by co-opting fighters from other armed groups. NDC-R leader Shimirayi Mwisha Guidon further coordinated the Réseau des patriotes résistants congolais (RPRC), a coalition of armed groups including Mayi-Mayi Kifuafua, Mayi-Mayi Simba, Mayi-Mayi GuidesMouvement acquis au changement, Mayi-Mayi Mazembe Union pour la protection des innocents (UPDI), and Raia Mutomboki (RM) groups. In addition, APCLS-R had joined forces with NDC-R in late 2018 after the faction led by Mapenzi Bulere Likuwe had split from APCLS. The operational area controlled by NDC-R and their allies extended to cover Masisi, Walikale, Lubero, and NDC-Rutshuru territories in early 2020. Moreover, FARDC supported NDC-R activities targeting the Democratic Forces for the Liberation of Rwanda (FDLR) and provided logistical support […]

NDC-R activities targeted Nyatura groups, mainly Nyatura APRCD, Nyatura Domi. Other groups organized within the CMC as well as the Mayi-Mayi Forces populaires de paix (FPP) in Masisi territory. In Rutshuru territory, NDC-R targeted the APCLS and FDLR. Furthermore, NDC-R targeted civilians in all regions they controlled. Discontent among NDC-R commanders and allies increased with Guidon's rule over the equitable sharing of internal resources, the loss of control over several mining sites and the inability to counter FDLR's influence. Subsequently, NDC-R commanders Gilbert Bwira and Mapenzi Likuhe dismissed Guidon, resulting in the split of the group. On June 8, NDC-R fighters led by Bwira and supported by FARDC attacked Guidon at the NDC-R headquarters in Pinga locality, Walikale. Alerted by a FARDC officer, Guidon escaped and regrouped with remaining followers in Walikale. Heavy infighting between the Bwira wing and the Guidon wing of NDC-R marked NDC-R's activity in the second half of the year, especially in Walikale. For instance, 17 people were killed and seven injured in a clash between Bwiraled and Guidon-led fighters on July 14 in the villages of Byamba and Bukucha.

On July 20, NDC-R Bwira, supported by FARDC, clashed with NDC-R Guidon in Pinga, killing 37

82 U.S. Department of State, 2020 Country Reports on Human Rights Practices: Democratic Republic of the Congo, 30 March 2021, Section 1 G., Abuses in internal conflict

83 U.S. Department of State, 2020 Country Reports on Human Rights Practices: Democratic Republic of the Congo, 30 March 2021, Section 1 A., Arbitrary deprivation of life and other unlawful or politically motivated killings

people and leaving twelve injured. On September 4, NDC-R Bwira fighters shot and killed a civilian, whom they suspected of collaborating with NDC-R Guidon, in Mutongo village. The Bwira wing was often supported by FARDC. For instance, on October 14, FARDC and NDC-R Bwira attacked NDC-R Guidon in the villages of Nkingwa, Twamakuru, Koko, and Mpama, killing eleven people. […] FDLR was mainly active in Rutshuru territory, North Kivu province, DRC […]. Overall, FDLR […] activity significantly decreased, mainly due to the ongoing military operation Sokola 2 by the Armed Forces of the DR Congo (FARDC) and pressure from other armed groups [→ DR Congo (Mayi-Mayi et al.)].⁸⁴

The Kivu Security Tracker reported on the activities of the NDC-R in several regions of the Congo, including North and South Kivu in 2020:

[…] Specific hotspots of conflict and violence have also shaped mobilization patterns. Adding to the aforementioned case of Beni, the NDC–R has formed one such conflict nexus, attracting allies but also galvanizing rivals against its main opponent, the Coalition des mouvements pour le changement du Congo (CMC), and against the various Mazembe groups in South Lubero.

The group’s implosion, which began in 2020 as it split and Congolese army support declined, may set off an opposite dynamic. […] […] Between 2015 and mid-2020, the NDC–R emerged as the Kivus’ largest armed group in terms of territorial influence, with a vast track record of human rights violations. It also constituted a formidable threat to the weakened FDLR and most of the scattered Nyatura groups in Masisi and Rutshuru (in particular Dominique Ndaruhutse’s CMC, a fierce ally of the Rwandan rebels). Indirectly, military pressure by the NDC–R and the Congo’s and Rwanda’s armies contributed to the assassination of the FDLR’s historic commander, Sylvestre Mudacumura, as well as to the definitive dislodging of the CNRD toward South Kivu. Yet while Guidon Shimiray – a former army officer – is in several ways a product of the FARDC’s politics of using certain armed groups as proxies against others, he and his group have increasingly become a liability for the army leadership and the Kinshasa government. In early July 2020, the NDC–R’s second-in-command announced the removal of Guidon Shimiray, leading to the breakdown of the strikingly well-organized group, followed by waves of internecine fighting throughout the rest of 2020. […]⁸⁵

Describing the security situation in North Kivu between 17 June and 18 September 2020, the UN Secretary-General noted in his report that:

In Walikale territory and surrounding areas, an internal split in the Nduma défense du Congo-Rénové (NDC-R) on 8 July [2020] led to the attempted overthrow of its leader, Guidon Shimiray Mwissa, by his deputy, Gilbert Bwria. A series of clashes between the two NDC-R factions subsequently occurred around Pinga. On 18 August, approximately 485 NDC-R Bwira elements surrendered to the Armed Forces of the Democratic Republic of the Congo (FARDC), handing in approximately 90 weapons. While the split weakened the NDC-R, the security situation did not improve, as rival armed groups moved to occupy positions vacated by the NDC-R in Rutshuru and Masisi territories and southern Lubero.⁸⁶

The Kivu Security Tracker reported the following on what it described as “split in the largest rebel territory in the Kivus”:

The month of July [2020] was marked by a split in the Nduma Defense of Congo-Rénové (NDC-R), the armed group that up to then controlled the largest territory in the Kivus. The

second-84 Heidelberg Institute for International Conflict Research, Conflict Barometer 2020, 2021 [Analyzed Period: 01/01/20 – 12/31/20]

85 Kivu Security Tracker, The Landscape of Armed Groups in Eastern Congo: Missed Opportunities, Protracted Insecurity and Self-Fulfilling Prophecies, 28 February 2021

86 UN Security Council, United Nations Organization Stabilization Mission in the Democratic Republic of the Congo, Report of the Secretary-General, 21 September 2020, para. 12

in-command of the movement, Gilbert Bwira, and other senior figures, announced the removal of Guidon Shimiray, the group’s leader, which led to a split within this group. This event had many consequences. Clashes and abuses related to this conflict caused the death of 15 civilians in Walikale territory in a single month, which is unprecedented in this territory since the Kivu Security Tracker (KST) started collecting such data in June 2017.

The consequences of this split were also felt in the balance of power in Masisi, Rutshuru and Lubero territories. In Lubero territory, the new configuration called Mazembe (an ally of the NDC-R) weakened the Union des patriotes pour la défense des innocents (UPDI). Its leader since 2016, Kitete Bushu, was killed on July 16 [2020].⁸⁷

With regards to NDC’s founder, the U.S. Department of State’s report noted:

On November 23 [2020], a military court convicted Nduma Defense of Congo (NDC) founder Ntabo Ntaberi Sheka for war crimes, mass rape, recruitment of child soldiers, murder, and multiple other crimes. Sheka surrendered to MONUSCO in 2017, and his trial started in 2018. While NGO representatives commended the high quality of evidence presented at the trial, they also raised concerns regarding its slow pace, witness intimidation, and the lack of appeals process under the law for war crimes trials.⁸⁸