Annex I: Li g proposal for EU restrictive measures in the DRC ‘The Heads of Mission based in Kinshasa have taken note that case-law requires that the SoR must be individual, specific and concrete. The SoR thus link the individual specifically to the criteria as stated above, whereby the responsibility for serious human rights violations and the tangibility of such actions serve as the guiding thread. The Heads of Mission have also noted that information should come from sources that are as readily available and reliable as possible. Priority listing Name and Funetion SoR T Source(s) Evariste Boshab, | As Vice Prime Minister and Minister of Interior and US listed former Vice Prime | Security from December 2014 to December 2016, Minister and Boshab played an important commanding role in the | _ UNJHRO report on Minister of Interior | repression. He was officially responsible for the December 2016 & Security police and security services and coordinating the work of provincial governors. These entities have repeatedly banned — or __repressed opposition demonstrations, jailed activists and opponents, shut down media outlets, and blocked opposition leaders’ freedom of movement. On the eve of the September 2016 protests, he signed a communiqué which banned all demonstrations and the right to demonstrate. | Boshab has also been implicated in efforts to bar international and Congolese human __ rights organizations and pro-democracy movements from operating freely in Congo. On November 3, Boshab instructed all 26 governors to prohibit the youth movements Filimbi and LUCHA from holding any activities because they were not legally registered groups. That runs counter to Congolese law, which does not require citizens to register their organization to hold a peaceful assembly. In the Kasai conflict, he played a key role by refusing to appoint the traditional leader, Kamuina Nsapu, which sparked the ongoing violence, and subsequently oversaw the operation which killed Nsapu. His unilateral decision to appoint more than 150 new customary chief’ in the area in November 2016 exacerbated an already tense situation. Up to this day, he is widely seen as responsible for instigating and worsening the conflict in the Kasai, Although he currently does not occupy an official position of responsibility, the former Vice Prime Minister is known to still play an influential role in HRW “etipmones (248) 064 878 (24) 21990012887 = (rats 81709860 BESTS aT SO RB|__| Priority listing Name and Function ‘SoR - Source(s) shaping the President's repression architecture. 2 | Gédéon Kyungu | Was convicted in 2009 for crimes committed whilst HRW Mutanga, Militia leader in Katanga leading a militia from 2002-2006 in Katanga, He escaped prison in 2011, and went on to lead an armed group that has carried out serious abuses in central Katanga for several years. In October 2016, Gédéon surrendered again with about 100 of his fighters. Instead of arresting him, local officials in the provincial capital of Lubumbashi gave Gédéon a celebratory welcome. In recent months, it has been brought to Member States! attention that Gédéon fighters have been sent to the Kasai provinces to participate on the violence. Although this information has not been fully verified yet, several trucks with Gédéon fighters were reportedly taken to Lubumbashi airport on the night of 21 to 22 March, where they were then flown to Kananga via Kamina. Member State Alex Kande Mupompa, Governor of Kasai Central Refused to acknowledge Nsapu's nomination as traditional chief — and thereby instigated the origins of the ongoing violence in the Kasai provinces. Governor Kande is also responsible for the disproportionate response to the conflict, enabling security forces to use excessive force against unarmed civilians. Member State Africa fidential © | Jean-Claude Banned all demonstrations in Katanga in September UNIHRO embe Musonda, | 2015, and then again in the days leading up to 19 Governor of Haut- | September 2016 — a policy which has remained in} Declarations Judge Katanga place ever since, denying Congolese citizens to| Chantal Ramazani exercise their right to peacefully express their Wazuri concems. In addition to playing a key role in obstructing the freedom of association and the right to protest, Kazembe has furthermore been linked to the legal proceedings undertaken against opposition candidate Moise Katumbi on 22 June 2016. As revealed in an open letter written by Judge Chantal Ramazani Wazuri, after having fled to France, the judicial process had been marred by political considerations in defiance of fair trial principles. 5 | Lambert Mende. "As Communications and Media Minister, Mende has Minister's press Minister of been the spokesperson of the government's policy of releases Communications and | repression against the pro-democracy youth Media, and movements, human rights organizations, and the| — Public declarations spokesperson of the | political opposition. Mende has also been responsible Majorité for the crackdown on the media, arresting journalists UNJHRO annual Présidentielle and shutting down media outlets. report ‘Tateprones (e248) 8641 B78 = (+249) 81 39 00 128/67 ~ (e248) 8: T0 06686 = Teecopi 9873 782 Ce? 881 ~ (1289) 99 75812 tat suet emy.ne cites ates,‘Name and Funetion | SoR Source(s) On 5 November 2016, ahead of planned public ‘meetings across the country, authorities cut the signal for RFI in Kinshasa and Lubumbashi, and jammed the signal for the UN Radio Okapi. The Okapi signal was jammed for several days in parts of Kinshasa before being allowed back on the air. RFI was allowed back on the air in Lubumbashi, but it has now been blocked in Kinshasa for nearly 5 months. Mende justified the move by claiming RFI had “transformed itself into the press attaché of the opposition.” Ahead of the December 2016 demonstrations, authorities blocked several media outlets. They also instructed intemational__—_telecommunication. companies to shut down or block access to social media networks to prevent the sharing of photos and videos, including an appeal by the late opposition leader Etienne Tshisekedi to no longer recognize the authority of the president, which was posted on YouTube on December 20. Mende strongly attacked the UNJHRO report on the events from December 2016, comparing it to “fake news.” ‘As the MP's designated interlocutor for overseeing some aspects of the décrispation measures of the Saint-Sylvester Agreement ~ notably the measures relating to the re-opening of opposition media outlets = Mende can furthermore be held responsible for obstructing the implementation of the arrangements particuliers. So far, Mende has re-opened 3 radio stations pertaining to the opposition members who signed the Agreement of 18 October 2016. At least 6 Congolese media outlets close to the opposition are still blocked: Radio Lisanga Télévision (RLTV), Radiotélévision Lubumbashi JUA (RTLJ), Nyota Télévision, Radiotélévision Mapendo, La Voix du Katanga, and Congo News. Mende furthermore denied the use of excessive force in Kasai following the publication of videos showing the FARDC’s attack on unarmed civilians ("montage"). On 7 April 2017, he accused HRW- researcher Ida Sawyer ~ who has been expelled from | HRW ‘Video Forum des As ‘Tetéphones +243) 8841 878 (+243) 813800 12567 - (+249) 017008 656 ~ Télécoie #872 762 067 581 (+243) 9975 512 selsqnion-dem-ep-olconnoGeeas.curcoa eu ‘Site inter nipvesas eons aulilegatenscongo lisshass,‘Name and Function SoR Source(s) the DRC since January 2017 — of being responsible for the deaths of the UN experts in the Kasai. During an interview with Congolese newspaper Forum des ‘As, Mende was filmed while encouraging journalists to publicly accuse Sawyer. © | Colonel Paul Mugisha Muhumuza, 11th Brigade, Commander of troops deployed in the Kasai Colonel Mugisha served as Deputy Commander of the SUKOLA I operation in the Beni region in 2014- 2015. In this capacity, he has been accused of various human rights violations in the Beni region on numerous occasions. Recently he was deployed to Kananga as where, in his capacity as the Commander of troops under the 11th Brigade, he retrieved soldiers from Kinshasa and Goma in order to conduct operations against the Nsapu militia. Responsible for the disproportionate use of violence in the arcas affected by the conflict in the Kasai, Colonel Mugisha's unit is called the "escadron de la mort" by local witnesses ‘Member State 7 | Muhindo AKiit Mundos, FARDC Commander 3st Brigade ‘Mundos was the Congolese army commander of the Sukola I operation responsible for military operations against the ADF from August 2014 to June 2015. The UN Group of Experts found that he had recruited ADF fighters, former fighters from local armed groups known as Mai Mai, and others to establish a new armed group. This group was implicated in some of the massacres in Beni territory that began in October 2014. Accused of a wide range of serious human rights violations throughout the country as well as the illegal exploitation of timber, Mundos is considered to be one of the most important obstacles to peace and stability in eastem Congo. According to the UN Group of Experts report: "The Group knows of eight individuals who were approached in 2014 by General Mundos to participate in the killings. Three ADF- Mwalika elements told the Group that, months before the killings began in September 2014, General Mundos had persuaded some elements of their group to merge with other elements who had been recruited. According to them, he financed and equipped the group with weapons, ammunition and FARDC uniforms. He came to their camp several times, sometimes wearing an FARDC uniform and sometimes in civilian clothes". UN Group of Experts report 2016 BU confidential research report (FPI) Member States UNIHRO- ® | Brigadier General Eric Ruhorimbere Long track record of serious human rights violations UNJARO profile throughout the country. As Deputy Commander in SUBS BOC, BOUTS a SOTO = PPB CoS ROR REPUBCROUE DEMFOCRATIOUE DU “Tannen (245) 88.44 878 (8) 819900 12567-7248 81700 088 — emai ‘to iea ‘nnn ulna shasne Om a (2) 8170 Tacol 3 Te 8 = (24) 6075 12‘Name and Funetion SoR Source(s) (also known as Tango Two), Deputy Commander of of the 21st military region (Mbuji-Mayi) Mayi since 18 September 2014, he is responsible for the killing of numerous civilians, sexual violence and torture in the Kananga and ‘Tshimbulu areas. In late 2016, he was based in Mukamba and in Kabeya-Kamwanga to supervise the FARDC's operation against the Nsapu militia, ‘Ramazani Shadari, Vice Prime Minister and Minister of Interior & Security ‘As Interior and Security minister since late December 2016, Ramazani is officially responsible for the police and security services and coordinating the work of provincial governors. In this capacity, he is responsible for the recent arrests of activists and opposition members, as well as the disproportionate use of force since his appointment, such as the violent crackdown on members of the Bundu Dia Kongo (BDK) movement in Kongo Central and in Kinshasa over the course of January-February 2017. Bearing the responsibility for the police and security services and coordinating the work of provincial governors, Shadari has furthermore been linked to the deterioration of the conflict in the Kasai provinces. Following President Kabila's decision to give the security forces a free hand in cracking down on what are considered to be the "terrorists" of the Nsapu militia, Shadari has been overseeing the rapid expansion of FARDC presence in the Kasai provinces, which has intensified the ongoing conflict: in addition to the massacres and the door-to-door raids undertaken by security forces, several cases of sexual violence and looting have now also been reported, As the MP's designated interlocutor for overseeing some aspects of the décrispation measures of the Saint-Sylvester Agreement ~ notably the measures relating to the dédoublement of opposition parties MSR and MLC ~ Shadari can furthermore be held responsible for obstructing the implementation of the arrangements particuliers. UNJHRO| Member State “Twagrones (°245) 8644 878 = (0249) 819900 125817 — wah Cate 708 ee Teme ‘Telecopie #873 762 O67 S01 = (0248) 9075 512 mal Steere pans some ules satwrt, UNION EUROPEENNE. af DELEGATION EN REPUBLIQUE DEMOCRATIQUE DU CONGO wet Le CHEFDE LA DELEGATION / AMBASSADEUR, Kinshasa, 20 April 2017 EU Heaps OF Mission REPORT Democratic Republic of Congo (DRC): Listing Proposals in the Framework of Restrictive Measures Recommendations * In accordance with the Council Conclusions on the DRC of 6 March 2017, this report recommends the listing of individuals at Annex I such that they are subject to travel and visa bans and asset freezes as the most appropriate and proportionate measures. © To list individuals on the basis of responsibility for serious human rights abuses but to continue monitoring and propose, in the future, if there is sufficient information, listings based on obstruction, including by incitement to violence, of a consensual and peaceful solution to the crisis that respects the aspiration of the people of the DRC to elect their representatives, ¢ To consider that in the long run an effective solution to the present crisis will also need to address the misuse of public funds and corruption, this being one of the root causes of the crisis. © In light of the probable political impact of restrictive measures on the EU's relations with the DRC, and while taking into account the risk of restricted access for diplomatic missions to their Congolese counterparts and other retaliatory measures, the Heads of Mission propose a succinct, well-targeted list of individuals with particular reference to responsibility for serious human abuses, thereby mirroring the Council's approach taken in December 2016, 1. Background On 6 March the EU Foreign Affairs Council reminded political leaders and members of the security forces that it is "prepared to adopt new individual restrictive measures against those responsible for serious human rights violations or for incitement to violence and those who would obstruct a consensual and peacefull solution to the crisis, one that respects the aspiration of the people of the DRC to elect their representatives". The Council invited the High Representative to initiate work to this end. The Council was particularly concerned about the political situation caused by the blockage in the implementation of the inclusive political agreement of 31 December 2016, as well as by the security situation in several parts of the country, where the disproportionate use of force has been observed ~ notably in all three Kasai provinces, Kongo Central, the Kivu provinces and in Tanganyika, On 12 December 2016, the EU FAC agreed to list seven individuals (Decision 2016/2231). ‘esepnones (2245) 68 41 (2243) 9975 8:2U1. Detail Mindful of the political impact of restrictive measures on the relations between the DRC, the EU and its Member States, it bears mentioning that the Heads of Mission anticipate a backlash from the Congolese authorities once the listing decision will have been adopted. Such adverse reactions might include restricted access for diplomatic missions to their Congolese counterparts, limited capacity to mobilise the international community on the ground, and difficulties in obtaining agréments for European diplomats in the future. Our Congolese interlocutors have also in the past mentioned the possibility of retaliatory measures, of an economic nature. With due regard to these diplomatic and economic implications, the Heads of Mission have reflected on the situation in the DRC and the relevance to the two criteria set out in the Conclusions, namely the individual responsibility for serious human rights violations, and obstruction, including by incitement to violence, of a consensual and peaceful solution to the crisis that respects the aspiration of the people of the DRC to elect their representatives. Serious human rights violations In 2016, the UN Joint Human Rights Office (UNJHRO) recorded a 30% increase in human rights violations compared to 2015; the majority of these were committed by State actors and the majority of violations were committed in the easter provinces. There were, however, increasing numbers of cases recorded in the western provinces and these were often linked to the shrinking democratic space, and the fact that elections have not taken place within the constitutional timeframe, Of most serious concern were the continued massacres in the area around Beni (North Kivu), which started in October 2014, and the ongoing conflict in the Kasai provinces which has degenerated since August 2016, resulting in more than 400 deaths, the discovery of at least 40 mass graves, the assassination of two members of the UN Group of Experts (as well as the disappearance of their Congolese assistants), and more than | million IDPs. There has been evidence (witness and/or victim accounts, corroborated video material) of excessive force used by the military, including the killing of unarmed militia members (some of whom ‘women and children). The Government has promised to conduct an investigation, but to date nothing concrete has emerged (other than the arrest of 7 junior soldiers reportedly linked to the video material). Also of concem in the past year was the handling by the State authorities of the September and December violent demonstrations in Kinshasa and other cities with Government forces using disproportionate lethal force (the listings agreed in December 2016 were mainly based on human rights violations committed by security forces in September 2016). Human rights violations also took the form of serious restrictions on the exercise of fundamental freedoms. Since September 2016, all demonstrations have been banned in most of Congo's large cities, including Kinshasa and Lubumbashi. On the eve of a large-scale "peaceful march” organised by the opposition on 10 April, the Congolese authorities reiterated the country-wide ban on all demonstrations, thereby giving security forces a free hand in dispersing any gathering of persons. Finally, in violation of the freedom of speech and press, the RFI signal has remained blocked since November 2016, and a number of media outlets linked to the opposition have not been allowed to re-open. Social media networks were blocked in the big cities around 19 December. 782 067 S81 = (29) 9975512 lon-den-sep-o-congoMeess enna. Ste eee Sua lsat tos!Overall, the Heads of Mission have observed a consistent lack of willingness from the Government to address human rights issues or to investigate impartially and effectively alleged violations. In addition, the disproportionate use of force by the government forces may lead to a cycle of violence which the government is not able to control and may thus threaten peace and security in the DRC and in neighbouring counties. Obstruction, including by incitement to violence, of a consensual and peaceful solution. to the crisis that respects the aspiration of the people to elect their representatives Whilst the violence in the DRC has clearly been committed by both state actors and people sympathizing with opposition parties, currently both the Government and the Opposition are very careful with their language, This behaviour may be the result, inter alia, of earlier sanctions adopted by the EU and US, and an acknowledgement that the Conclusions of 6 March allow for further sanctions. Currently, it would be difficult to identify individuals calling publicly for violence. The Heads of Mission will nevertheless keep this criterion closely under review. On 31 December the Accord de la Saint-Sylvestre was signed by the main political actors: it provides a consensual basis on which elections could finally be held. The Accord specifically mentions confidence-building measures which were clearly linked to liberating political prisoners, reopening opposition-backed media outlets and respecting human rights, The progress on implementing these measures has been negligible and the calendar of implementation as agreed in the Accord has not been respected. It is difficult to lay responsibility for the blockage firmly with one camp. Following the appointment of B. Tshibala as the new Prime Minister on 7 April 2017, the political landscape has fragmented even further as former opposition members from the Rassemblement have joined the President's ranks in clear contradiction to the official position of their leaders (this situation is largely the result of active policies by the presidential majority to divide-and-rule the opposition, and to neutralize the functioning of those parties through dédoublement). Whilst the responsibility of the Head of State in organizing the glissement and in avoiding the conclusion of the arrangement particulier is obvious, it is difficult to single out other individual political ators in the presidential majority as being responsible. IIL. Corruption and abuse of public assets Looking beyond the follow-up to the Council Conclusions, the Heads of Mission wish to bring to the attention of the Council that the root causes of the current political and social crisis include the lack of governance of the state apparatus and public assets. This is a subject of great concem for the international community and any viable long-term strategy to exit the crisis will have to address it. In view also of the need for specialized financial expertise and information, other sources of information outside the scope of the Kinshasa-based Embassies may be necessary to create more clarity in this matter, IV. Conclusions The Heads of Mission have concluded that listings should be focussed on serious human rights violations (including disruption of fundamental freedoms), reflecting the long-term threat they present and the increasing frequency and intensity of events which is noted. In particular, listings should be based on those involved in the use of excessive violence in Kinshasa, the Kasai provinces, Beni (North Kivu) and ex-Katanga province, with a particular Tpietie BODC, Bouvard ay 0a — BP2865 Gone ~ Kiaasa ~ REPUBLIOUE DENTOCRATIOUE DU CORT ‘Telephones (0245) 8841 878 = (0243) 81 3500 125/07 = (e243) 817008 658 ~Telacopia +873 182087 B81 (248) 9016512 E-rl:seenator.comsencLcoammeas aun Steet ‘pees eons cueleatonstcanoa kanefocus on the violent repression of demonstrations in September and December 2016. The Heads of Mission judge there has been insufficient effort to investigate and prosecute those responsible for violations committed in these events and that the authorities have shown no genuine interest in collaborating with UNJHRO to this end. Listings should also reflect the fact that the décrispation — agreed by consensus in the Accord of 31 December - has not been achieved: in particular, the continued lack of space for media outlets linked to the opposition or the blocking of a major intemational radio station such as RFI is incompatible with the democratic space necessary for the organisation of credible elections. As these government decisions were planned, directed or committed by specific individuals, the Heads of Mission recommend that the most appropriate and proportionate measures would be the listing of individuals such that they are subject to travel and visa bans and asset freezes. This would send a strong signal about the individual respons responsible for serious human rights violations. 4 8781249) 8 3900 £2507 = (0248) 81 TO 08 O50 Thdcope #873 Te OO SET ~ (0242) 99.7 612 mal: eteato. camp. congodleeaseucoa 8 ‘Ste ret ‘peas suronaeuseaslonscengo Meshal Teiephones 243)