Democratic Republic of the Congo
Expected Council Action
In December, the Security Council will hold a briefing and consultations on the situation in the Democratic Republic of the Congo (DRC). The anticipated briefer is the Special Representative and head of the UN Organization Stabilization Mission in the DRC (MONUSCO), Bintou Keita.
The Council is also expected to renew MONUSCO’s mandate, which is set to expire on 20 December.
Key Recent Developments
After a six-month lull in North Kivu, fighting reportedly resumed in October between the Congolese Armed Forces (FARDC) and allied militias on the one hand and the Mouvement du 23 mars (M23) on the other. The ceasefire facilitated in March by the ongoing regional initiatives under the auspices of the East African Community (EAC) and the International Conference on the Great Lakes Region (ICGLR)—known as the Nairobi and Luanda processes, respectively—has been violated, and M23 has reportedly regained control of several areas that it had vacated. The EAC Regional Force (EACRF)—deployed in eastern DRC as part of the regional initiatives—also came under fire in the latest round of fighting. In October, a Ugandan convoy was targeted, injuring two soldiers, and a Kenyan soldier was killed in another attack. The M23 has accused Burundian forces of supporting armed groups and militias allied with the FARDC. Burundi denies the accusations, and an EAC statement refuted the claims against the Burundian contingent of the EACRF.
The latest round of fighting appears to be approaching Sake, a town 20 kilometres away from Goma, the regional capital, stoking fears that the city could fall to M23 forces. MONUSCO and the FARDC launched a joint operation on 3 November, codenamed Springbok, aimed at protecting Goma. The MONUSCO Force Commander, Otávio Rodrigues de Miranda Filho, said in a joint press briefing with FARDC officials on 8 November that they were taking a defensive approach for the moment but that the mission would shift to an offensive posture were Goma to be attacked.
The resumption of fighting seems to have increased tensions between the DRC and Rwanda. In his briefing to the Council on 17 October, the Secretary-General’s Special Envoy for the Great Lakes, Huang Xia, said that “[t]he risk of a direct confrontation between the DRC and Rwanda, which continue to accuse each other of supporting enemy armed groups—M23, on the one hand, and the Forces démocratiques de libération du Rwanda, on the other—remains real”. He added that “[t]he military build-up in both countries, the absence of direct high-level dialogue and the persistence of hate speech are all worrisome signs that we cannot ignore”.
The DRC is gearing up to hold elections on 20 December against the backdrop of these security developments. The president of the Independent National Electoral Commission (CENI), Denis Kadima, continues to insist that elections will be held on 20 December as scheduled despite the challenges, including the insecurity in eastern DRC. Congolese opposition parties have expressed concerns about the perceived lack of transparency and inclusivity of the electoral process and have questioned the integrity of state institutions, such as the CENI and the Supreme Court. They expressed particularly serious doubts about the voter registration process and called for an external audit of the electoral register, which Kadima rejected, according to the Secretary-General’s 21 September report. Kadima reportedly met all the presidential candidates on 13 November, before campaigning began, and recognised the need to improve CENI’s image and enhance public trust in the electoral process. According to media reports, 26 candidates, including the incumbent, will be contesting the presidential elections. Representatives of five leading opposition groups reportedly met in South Africa recently to look at the possibility of fielding a single candidate.
The Congolese elections coincide with the MONUSCO mandate renewal in December. On 2 August, the Secretary-General submitted his report pursuant to resolution 2666 of 20 December 2022 with a proposal to reconfigure MONUSCO to facilitate the implementation of the joint revised transition plan agreed by the mission and the Congolese government, which supports regional peace initiatives. The report proposes that the mission’s footprint in Ituri, North Kivu, and South Kivu, which continue to face persistent insecurity, be consolidated and then gradually reduced as the Congolese government extends its authority and regional initiatives advance.
In a 1 September letter to the president of the Security Council, the Congolese government requested that the UN start the mission’s withdrawal before the end of this year. The letter was sent following an anti-MONUSCO protest that took place on 30 August in Goma, the capital of North Kivu province, during which at least 43 people were reportedly killed and 53 were injured in clashes with local authorities. On 16 October, the Council adopted a presidential statement expressing its “readiness to decide by the end of 2023 on the future of MONUSCO, its gradual, responsible and sustainable withdrawal and the concrete and realistic steps to be undertaken, as a matter of priority to implement this withdrawal”. The Council requested MONUSCO and the Congolese government to develop, by November, a comprehensive disengagement plan with a timetable for MONUSCO’s progressive and orderly withdrawal, building on the revised transition plan and its four key benchmarks. At the time of writing, the disengagement plan had yet to be circulated to Council members.
On 8 December, the mandate of the EACRF is set to expire, and media reports quoted a Congolese government spokesperson as saying that “the EAC regional force must leave the DRC by December 8, as agreed, because it has not been able to resolve the problem, particularly that of the M23”. The DRC has already turned its attention towards the Southern African Development Community (SADC), which on 8 May decided to deploy its force to restore peace and stability in eastern DRC, known as the SADC Mission in DRC (SAMIDRC). On 4 November, SADC met in an extraordinary summit to provide strategic guidance on the deployment of SAMIDRC, according to a communiqué adopted at the end of the meeting.
Human Rights-Related Developments
On 9 October, during its 54th session, the Human Rights Council (HRC) held an interactive dialogue on the reports of the High Commissioner (A/HRC/54/73) and the team of international experts on the situation of human rights (A/HRC/54/76) in the Democratic Republic of the Congo (DRC). In her statement, Deputy UN High Commissioner for Human Rights Nada Al-Nashif highlighted that the report of the High Commissioner, covering the period from 1 June 2022 to 31 May 2023, documented 5,135 instances of human rights violations and abuses, with North Kivu and Ituri being the most severely affected regions. Despite significant efforts by the authorities, Al-Nashif pointed out that the number of fatalities had increased compared to the previous reporting period. Emphasising the compounding effect of natural disasters and epidemics, she underscored that these violations have contributed to an “unprecedented” humanitarian crisis.
Women, Peace and Security
The presidential statement adopted by the Security Council on 16 October condemned violence and human rights abuses by armed groups in the DRC, including sexual and gender-based violence, and encouraged the DRC authorities “to ensure the full, equal, effective and meaningful participation” of women as both candidates and voters in the elections scheduled for December.
On 6 November, the Informal Experts Group (IEG) on Women, Peace and Security (WPS) met on the situation in the DRC. Keita briefed. It appears that Keita and Council members discussed issues such as the role of WPS in the transition process of MONUSCO, women’s participation in the electoral process and the UN’s engagement with DRC authorities and political parties to support women’s safety during the elections in light of cases of harassment and violence against women in politics. It seems that Keita stressed, among other issues, food insecurity and the socioeconomic situation of women as factors exacerbating sexual and gender-based violence in the DRC. UN Women, as the IEG Secretariat, apparently recommended that, in the upcoming negotiations on MONUSCO’s mandate renewal, the Council retain all WPS references present in resolution 2666, which in December 2022 renewed MONUSCO’s mandate until 20 December 2023. It seems that UN Women also recommended that Council members consider incorporating language demanding the full, equal and meaningful participation of women in all stages of peace processes, including in regional initiatives; stressing the importance of a gender-responsive transition process; and requesting the UN to regularly consult with women’s civil society organisations across the DRC on all aspects of the transition.
Sanctions-Related Developments
In December, the chair of the 1533 DRC Sanctions Committee, Ambassador Michel Xavier Biang (Gabon), is expected to brief the Council on the committee’s work. On 27 September, France, the UK, and the US jointly proposed designating one member of M23 and one member of the Forces démocratiques de libération du Rwanda (FDLR) under the 1533 DRC sanctions regime. On 25 October, the committee approved their addition to the sanctions designation list. Several months ago, Rwanda also proposed individuals for designation, but it seems that Council members have not yet agreed to designate them.
Key Issues and Options
The key issue for Council members in December is the renewal of MONUSCO’s mandate. The mission’s revised transition plan, the Secretary-General’s report on its reconfiguration, and the detailed disengagement plan are likely to inform the upcoming mandate renewal negotiations. An option for Council members is to consider, in line with the Secretary-General’s recommendations, the mission’s possible withdrawal from South Kivu, where the security situation is relatively better, and to enhance its robust presence in North Kivu and Ituri, where there are acute security challenges. Depending on the detailed recommendations to be provided by the disengagement plan, Council members may also consider how regional initiatives can be supported in full compliance with the UN Human Rights Due Diligence Policy.
The other key issue for Council members is the general elections in the DRC, which will take place on 20 December. Council members are likely to reiterate their call for peaceful, transparent, inclusive, and credible elections. They may also continue to encourage the Congolese authorities to ensure free civic space and call upon all parties to seek dialogue and consensus to resolve any election-related disputes.
The deteriorating security situation in eastern DRC continues to be a major concern, and Council members might be keen to learn more about the violation of the ceasefire in North Kivu and the escalating fighting between FARDC and allied militias on the one hand and M23 on the other. They may also express concerns about the increasing tensions between the DRC and Rwanda along the border and call on both countries to exercise restraint.
Council Dynamics
Council members have been broadly supportive of implementing MONUSCO’s transition plan in a phased and responsible manner, contingent on the improvement of the security situation on the ground. At the Council’s last meeting on the situation in the DRC on 28 September, France, the penholder on the DRC, highlighted the central role of the Congolese authorities in the upcoming discussions on MONUSCO’s orderly drawdown. The US raised doubts about the capacity of Congolese and regional security forces to address the security challenges in eastern DRC and stressed the need “to avoid endorsing greater support by MONUSCO for the EAC without appropriate safeguards to address human rights, accountability and command-and-control concerns”. The UK emphasised the need to “carefully consider the implications of MONUSCO’s drawdown on the civilian population”, as “The consequences of a rushed departure would be severe”. Russia said that it was necessary to listen to the host country’s views in the upcoming discussions on MONUSCO’s drawdown while also underlining the need for the Council to be “guided primarily by rational considerations, taking into account the evolution of the situation on the ground and acting gradually and responsibly”. China also supported this approach. Similarly, the three African members (Gabon, Ghana and Mozambique, known as the A3) stressed “the need for close cooperation between the Congolese authorities and MONUSCO, as well as with all other relevant stakeholders, with a view to ensuring a smooth, orderly, progressive and coordinated withdrawal that guarantees the protection of civilians and the safety and security of the personnel of the Mission”.
| Security Council Resolution | |
| 20 December 2022S/RES/2666 | This resolution renewed MONUSCO’s mandate for one year until 20 December 2023. |
| Secretary-General’s Reports | |
| 2 August 2023S/2023/574 | The Secretary-General’s report is on options for adapting the configuration of MONUSCO and the future UN configuration in the country beyond the current mandate of the mission. |
| 21 September 2023S/2023/691 | The Secretary-General’s report on MONUSCO |
| Security Council Presidential Statement | |
| 16 October 2023S/PRST/2023/5 | This is the Security Council’s Presidential Statement on the situation in the Democratic Republic of the Congo |
| Security Council Meeting Record | |
| 28 September 2023S/PV.9427 | This is the Security Council’s meeting record on the situation in the Democratic Republic of the Congo. |
