Fizi Territory

Detailing the conflict in Fizi territory and its link to the conflict in Uvira, the local NGO

reported in mid-June 2019 [unofficial translation]:

The conflict between the Banyamulenge and the local population concerns both the people living in the Uvira territory and that of the Fizi, in the proviunce of South-Kivu, DRC *…+

The territory of Fizi administratively shares borders with the territory of Uvira in the north, the terriroty of Mwenga and Shabunda in the west, the territory of Kalemie (Tanganyika) in the south, and in the east, it is bordered by Lake Tanganyikam, beyond the peninsula of Ubwari.

Fizi is populated mainly by Babembe who are considered as the native people of this area.

The older generation within the region includes the Banyarwanda or Banyamulenge, who first came back shortly before 1900 *…+

An importance cause of the conflict is the fact that the Congolese nationality, Zarian at the time, the Banyamulenge has been questioned by the current government, which created the eruption of rebellion in 1996 in Kivu *…+

The second focus of this conflict is the recognition of the spaces of each people and their management. It is about, more precisely, the recognition of the Bijombo area in 1979 and the creation of the territory of Minembwe by the DRC on 9^th September 1999, in the middle and high lands of Itombwe *…+

The other aspect of the conflict is the instrumentalisation that the elites in each community orchestrate in order to access and maintain power at the local, provincial or national level.²⁸²

The UN Secretary-General in its report on the activities of MONUSCO provided the following summary with regards to the security situation in Fizi territory between 29 June and 28 September 2018:

On 7 July [2018], 10 civilians died in a clash between those groups in the Balala-Nord groupement, at the border of Fizi and Uvira territories *…+

The border area of Burundi and Uvira territory remained a zone of tension, with elements allegedly belonging to the Forces nationales de libération (FNL) of Burundi regrouping in the Ruzizi Plain. The movement of those elements in areas of Fizi and Uvira territories has increased since the beginning of September [2018]. An attack by FNL elements on a Burundian border post on 14 September resulted in the killing of two FNL elements and one Burundian soldier.²⁸³

USAID reported at the end of September 2018 that since the middle of that month

“intensified clashes and reprisal attacks between government forces and armed groups in

280 UN Secretary-General, United Nations Organization Stabilization Mission in the Democratic Republic of the Congo, 17 July 2019, VII. Human rights situation, justice and corrections, para. 61

281 To find out more abut this organization visit the webpage here (in French only)

282 Recherches et Actions pour la Paix (RAP)²⁸², Une idée du conflit entre les Banyamulenge et les autres populations des territoires d'Uvira et de Fizi, 11 June 2019 [unofficial translation provided by a COI researcher]

283 UN Secretary-General, United Nations Organization Stabilization Mission in the Democratic Republic of the Congo, Report of the Secretary-General, 1 October 2018, II. Major developments, C.

Security situation, 2. North Kivu and South Kivu, para. 19

South Kivu Province’s Fizi Territory have displaced approximately 40,000 people from Kilembwe and Kimbi-Lulenge health zones into rural areas”.

The UN Secretary-General provided the following summary with regards to the security situation in Fizi Territory during the reporting period 2 October to 31 December 2018:

In Fizi territory in South Kivu and in Kabambare territory in Maniema, the military pressure exerted by FARDC continued to weaken Mai-Mai Yakutumba and its allies, resulting in the surrender of over 1,300 Mai-Mai Malaika, Mai-Mai Apa Na Pale and Mai-Mai Shetani elements. Due to a lack of logistics and financial means, only 298 combatants eventually agreed to move to Kindu for demobilization or integration into the national security forces.

In late October, FARDC conducted operations against allied groups of the Musumbu faction of Mai-Mai Raia Mutomboki, Mai-Mai Malaika and Mai-Mai Makindo in the border areas of Shabunda and Fizi territories, resulting in a high number of casualties on both sides.²⁸⁵

USAID reported that “after the deteriorating security situation [of September 2018] in South Kivu’s Fizi Territory prompted approximately 13,000 people to flee, the majority of IDPs—85 percent—had returned to areas of origin in Fizi as of late December *2018+”.

The Heidelberg Institute for International Conflict Research ‘2018 Conflict Barometer’

provided the following overview of activities during 2018 [note that they relate to both Fizi and Uvira territory]:

Throughout the year [2018], violence continued between armed militias of the ethnic groups Banyamulenge and Bafuliiru as well as Bembe and Nyindu around the Haut Plateaux in Uvira and Fizi territories, South Kivu. The main Banyamulenge groups comprised Ngumino and Twiganeho, while Mayi Mayi Biloze Bishambuke, Mayi-Mayi Mwenyemali, MayiMayi Makanaki, and Mayi-Mayi Nyerere were the most active Bafuliiru armed groups. Violence escalated in the beginning of May, when Twiganeho fighters killed nine civilians and burned down several Bafuliiru villages in the Bijombo area in retaliation for killing dozens of cows that belonged to Banyamulenge herders. Between April 30 and May 7 [2018], at least 21,000 people were displaced, 900 huts burned down, and 17 schools destroyed. Ngumino and Twiganeho fighters clashed with Bembe, Bafuliiru, and Nyindu militias in Bijombo area between June 12 and 20 [2018], leaving at least twelve people dead and 3,500 displaced.

According to reports, the Rwandan armed group Rwandan National Congress (RNC), led by Kayumba Nyamwasa, supported Ngumino and Twiganeho, while fighters of the two Burundian armed groups Popular Forces of Burundi (FPB) and RED-Tabara cooperated with Bafuliiru, Bembe, and Nyindu militias *…+ For instance, on July 1 *2018+, Biloze Bishambuke fighters attacked a coalition of Twiganeho, Ngumino, and RNC fighters in Kagogo, Uvira. After gaining control over the village, Biloze Bishambuke fighters burned down several houses and stole the cattle. On August 23 [2018], RED-Tabara fighters carried out raids on cattle belonging to the Banyamulenge community around Mulenge. Violence decreased throughout the rest of the year, with sporadic reports of attacks and clashes. For instance, on September 14 [2018], a FARDC attack on Makanaki fighters near Kitundu, Uvira, left three dead. By October 1 [2018], around 76,000 people were displaced due to intercommunal violence

284 USAID, Democratic Republic of the Congo – Complex Emergency, 30 September 2018, Insecurity and population displacement, p. 2

285 UN Secretary-General, United Nations Organization Stabilization Mission in the Democratic Republic of the Congo, 4 January 2019, II. Major developments, C. Security situation, South Kivu, para.

27

286 USAID, Democratic Republic of the Congo – Complex Emergency, 15 February 2019, Insecurity and population displacement, p. 2

Activities of armed groups associated with the National People's Coalition for the Sovereignty of Congo (CNPSC), such as Mayi Mayi Yakutumba, Mayi Mayi Malaika, Mayi Mayi Réunion, Mayi Mayi Shetani, and Mayi Mayi Ebu Elahave decreased in 2018. The armed groups operated in Shabunda, Fiz, and Uvira territories, South Kivu province, and Kabambare territory in Maniema province, targeting civilians and FARDC. Fighting spread to Tanganyika province in January when Mayi Mayi Hapa na Pale, member of the CNPSC coalition, and FARDC clashed in Butondo, Kposition near Lumumba, Kongolo territory, on January 1. One day later, Hapa na Pale and Yakutumba fighters killed three FARDC soldiers in an attack on a FARDC position near Lumumba, Kalemie territory. On January 7, three civilians and two Hapa na Pale fighters were killed in clashes between the latter and FARDC in Kongolo. In April, the leader of the Hapa na Pale group and his troops surrendered to FARDC in Makutano, Kongolo. However, violence continued. For instance, on July 21, clashes between FARDC and a coalition of Malaika and Hapa Na Pale killed two people in Kongolo. On August 19, Hape na Pale fighters kidnapped four Red Cross employees in Mponda Luganza, Kongolo. On January 5, Yakutumba and allied groups killed four FARDC soldiers and five police officers in an attack against a FARDC position near Uvira city. Yakutumba fighters ambushed an FARDC convoy carrying General Philemon Yay, commander of FARDC in South Kivu, killing at least three near Lulimba, Fizi, on January 18. Three days later, FARDC started an operation against Yakutumba. On February 8, FARDC announced that it had regained control over the Ubwari peninsula as well as the coastline of Lake Tanganyika from Kalemie to Uvira. According to FARDC, at least 83 Yakutumba fighters and six FARDC soldiers were killed in the offensive on Fizi and Kabambare. Furthermore, at least 20,000 people were displaced in the offensive, including more than 8,000 people who fled to Burundi and 1,200 to Tanzania. On February 14, Malaika attacked FARDC positions in Shabunda. At least 20 civilians and one Malaika fighter were killed, while six FARDC soldiers were injured and several houses burned down.

On May 24, a coalition of Yakutumba and Malaika fighters attacked the mining site Salamabila, Kabambare, killing 21 FARDC soldiers, two police officers, and two civilians. At least eight assailants were killed. Violence decreased until mid-September when clashes between CNPSC and FARDC in Kilembwe, Fizi, left at least eight people dead. On September 19, FARDC killed a commander of the Yakutumba group in Kipupu, Kabambare. Throughout the year, Yakutumba fighters reportedly cooperated with the Burundian armed group National Forces of Liberation (FNL). For instance, on December 2 and 3, clashes between FARDC and Yakutumba and FNL in Fizi left at least twelve people dead. By the end of the year, at least 1,300 Malaika, Hapa na Pale, and Shetani fighters had surrendered to FARDC forces.²⁸⁷

The UN Secretary-General report on MONUSCO’s activities covering the period from 4 January to 8 March 2019 noted with regards to the security situation in South Kivu:

In both South Kivu and Maniema Provinces the situation was generally calm. However, both local and foreign armed groups remained active, particularly in Fizi and Uvira and in the gold mining areas under the control of Mai-Mai Raia Mutomboki or other Mai-Mai elements and in militarized areas such as Salamabila, in Maniema *…+

In Fizi, Kabambare, Shabunda and Uvira territories, Mai Raia Mutomboki or other Mai-Mai elements clashed with FARDC and perpetrated abuses against civilians. On 22 January, Mai-Mai Chuyi combatants ambushed an FARDC convoy travelling from Kabambare to Pene-Mende (35 km south of Kilembwe). Reportedly, three FARDC elements were injured and one Mai-Mai element was killed during the ambush. On 24 January, unidentified armed men shot and killed three FARDC soldiers in Kasenga Quartier of Uvira town and seized their weapons.²⁸⁸

287 Heidelberg Institute for International Conflict Research, Conflict Barometer 2018, February 2019, Sub-Saharan Africa, DR Congo (Mayi-Mayi et al.), p. 72

288 UN Secretary-General, United Nations Organization Stabilization Mission in the Democratic Republic of the Congo, 7 March 2019, II. Major developments, C. Security situation, North Kivu, paras.

19-20

Media Congo reported in mid-May 2019 that [unofficial translation]:

The intercommunal clashes between the Gumino/Twiraneho, mainly Banyamulenge, and the Mai-Mai Bishake Bishambuke, composed of young Fuliiru, Nyindu and Bembe people, are spreading towards the municipality of Minembwe.

On Tuesday 14^th May 2019, the clashes continued in the villages of Irumba, Namiringa and Kabingo.

According to Rubawange Matanura Mahwaga, vice-president of the Bijombo Civil Society, who gave us this information, houses were also set on fire in Kabingo and Namiringa.

The latter suggests that these villages are [now] all emptied of their inhabitants, including in the surrounding villages.²⁸⁹

The UN Secretary-General report on MONUSCO’s activities covering the period 8 March to

28 June 2019 noted “Congolese and foreign armed groups remained active in Fizi and Uvira

territories, particularly in the Ruzizi plain, the Uvira mid-plateau and the Bijombo

groupement. In addition, tensions between the Bafuliro, Banyamulenge and Barundi

communities over the contested Ruzizi chieftaincy led to the loss of civilian lives. In the

Minembwe plateau of Fizi, intercommunity clashes between armed groups affiliated with

the Banyamulenge and other ethnic groups living in the area (Babembe, Bafuliro and

Banyindu) triggered large-scale population displacements across Fizi, Mwenga and Uvira

territories. The long-standing intercommunity tensions escalated after a Bafuliro village chief

was reportedly abducted and killed by an armed group linked to the Banyamulenge. An

estimated 125,000 civilians were displaced as a result of clashes between, on the one hand,

the Twigwaneho and Ngomino militias from the Banyamulenge, and on the other, a coalition

of Mai-Mai elements from the Babembe, Bafuliro and Banyindu ethnic groups. These armed

groups looted and burned villages, causing severe damage to shelter and critical

infrastructure, including schools and health-care and sanitation facilities”.