Council Implementing Decision (CFSP) 2024/2064 of 26 July 2024 implementing Decision 2010/788/CFSP concerning restrictive measures in view of the situation in the Democratic Republic of the Congo

Official Journal EN of the European Union L series 2024/2064 26.7.2024 COUNCIL IMPLEMENTING DECISION (CFSP) 2024/2064 of 26 July 2024 implementing Decision 2010/788/CFSP concerning restrictive measures in view of the situation in the Democratic Republic of the Congo THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Article 31(2) thereof, Having regard to Council Decision 2010/788/CFSP of 20 December 2010 concerning restrictive measures in view of the situation in the Democratic Republic of the Congo (1), and in particular Article 6(2) thereof, Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy, Whereas: (1) On 20 December 2010, the Council adopted Decision 2010/788/CFSP. (2) On 12 December 2016, the Council adopted Decision (CFSP) 2016/2231 (2) in response to the obstruction of the electoral process and the related human rights violations in the Democratic Republic of the Congo (DRC). Decision (CFSP) 2016/2231 amended Decision 2010/788/CFSP and introduced additional restrictive measures. (3) Further to an evaluation of the relevant circumstances and in view of the gravity of the situation in DRC, the Council considers that nine persons and one entity should be added to the list of natural or legal persons, entities and bodies set out in Annex II to Decision 2010/788/CFSP. (4) Decision 2010/788/CFSP should therefore be amended accordingly, HAS ADOPTED THIS DECISION: Article 1 Annex II to Decision 2010/788/CFSP is amended in accordance with the Annex to this Decision. Article 2 This Decision shall enter into force on the date of its publication in the Official Journal of the European Union. Done at Brussels, 26 July 2024. For the Council The President BÓKA J. (1) OJ L 336, 21.12.2010, p. 30. (2) Council Decision (CFSP) 2016/2231 of 12 December 2016 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ L 336 I, 12.12.2016, p. 7). ELI: http://data.europa.eu/eli/dec_impl/2024/2064/oj 1/10ANNEX Annex II to Decision 2010/788/CFSP is amended as follows: (1) the following persons are added to Section A (‘Persons’): Name Identifying information Reasons Date of listing ‘27. Benjamin MBONIMPA Function/rank: Executive Secretary of the March 23 Benjamin Mbonimpa holds a leading position as Executive Secretary of the 26.7.2024 Movement / Congolese Revolutionary Army M23/ARC, a non-governmental armed group operating in Eastern DRC. (M23/ARC), Supervisor of the permanent The M23/ARC sustains the armed conflict, instability and insecurity in the secretariat of the Alliance Fleuve Congo DRC, in particular through inciting violence. In addition, it is responsible for Gender: male serious human rights abuses, including killings, attacks and sexual violence against civilians. Owing to his leading position in the M23/ARC, Benjamin Mbonimpa is therefore involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC. He is also responsible for sustaining the armed conflict, instability and insecurity in the DRC. 28. Justin Gacheri MUSANGA a.k.a. Gaceri MUSANGA, CS BRAVO SIERRA, Justin Gacheri Musanga holds a leading position as Brigadier-General of the 26.7.2024 BRAVO THREE M23/ARC, a non-governmental armed group operating in Eastern DRC. Function/rank: Brigadier-General of the March 23 The M23/ARC sustains the armed conflict, instability and insecurity in the Movement / Congolese Revolutionary Army DRC, in particular through inciting violence. In addition, it is responsible for (M23/ARC) serious human rights abuses, including killings, attacks and sexual violence against civilians, as well as child recruitment. POB: Masisi, DRC Owing to his leading position in the M23/ARC, Justin Gacheri Musanga is Gender: male therefore involved in planning, directing or committing acts that constitute Father: Erasto NTIBATURANA (Hutu customary serious human rights violations or abuses in the DRC. He is also responsible leader in BUSUMBA) for sustaining the armed conflict, instability and insecurity in the DRC. 2/10 ELI: http://data.europa.eu/eli/dec_impl/2024/2064/oj EN OJ L, 26.7.2024Name Identifying information Reasons Date of listing 29. Pierre Celestin RURAKABIJE a.k.a. Guillaume NGABO, Bagdad, Simba Pierre Celestin Rurakabije holds a leading position as Deputy Commander 26.7.2024 Guillaume, Samba Guillaume, Ngabo Simba, within the Democratic Forces for the Liberation of Rwanda – Forces Lieutenant-Colonel Combattantes Abacunguzi (FDLR-FOCA), a non-governmental armed group operating in Eastern DRC. In particular, he is the Deputy Commander of the Function/rank: Deputy Commander of the “Com- “Commando de recherche et d’action en profondeur” (CRAP) of the mando de recherche et d’action en profondeur” FDLR-FOCA – considered as the commando and intelligence unit of the (CRAP) of the Forces Démocratiques pour la armed group. Libération du Rwanda / Forces Combattantes Abacunguzi (FDLR/FOCA) FDLR-FOCA is a largely Hutu armed group, some of whose leaders took part in the 1994 genocide in Rwanda. The FDLR-FOCA, including the CRAP unit, Nationality: Rwanda contributes to the armed conflict, instability and insecurity in the DRC, in Gender: male particular through violence and serious human rights abuses, including attacks on civilians, killings, violence against children, rape and other acts of sexual violence. Owing to his leading position within the FDLR, Pierre Celestin Rurakabije is therefore involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC. He is also responsible for sustaining the armed conflict, instability and insecurity in the DRC. ELI: http://data.europa.eu/eli/dec_impl/2024/2064/oj 3/10 OJ L, 26.7.2024 ENName Identifying information Reasons Date of listing 30. Gustave KUBWAYO a.k.a. Sirkoof, Surkoof, Sirkoff, Surcouf, Surcoff, Gustave Kubwayo holds a leading position as Commander in the Democratic 26.7.2024 Surcof, Surkouf, Syrkoff, Modeste, Slycove, Colonel Forces for the Liberation of Rwanda – Forces Combattantes Abacunguzi (FDLR-FOCA), an armed group operating in Eastern DRC. He leads the Function/rank: Commander of the “Commando de special unit “Commando de recherche et d’action en profondeur” (CRAP) of recherche et d’action en profondeur” (CRAP) of the FDLR-FOCA – considered as the commando and intelligence unit of the Forces Démocratiques pour la Libération du armed group. Rwanda / Forces Combattantes Abacunguzi (FDLR/FOCA) FDLR-FOCA is a largely Hutu armed group, some of whose leaders took part in the 1994 genocide in Rwanda. FDLR-FOCA fighters, including the CRAP POB: Karago municipality, Gisenyi prefecture, unit, have committed rape and other acts of sexual violence and killed Rwanda; or Nyabihu District, Western province, civilians. FDLR-FOCA is systemically engaged in kidnappings for ransom, Rwanda arbitrary detentions and executions of civilians and the recruitment of child Nationality: Rwanda combatants. The armed group is also involved in illegal logging, exploitation of natural resources such as charcoal, and illegally collected taxes at Gender: male checkpoints. In his position as Commander of the CRAP unit, Gustave Kubwayo is involved in committing acts that constitute serious human rights violations or abuses in the DRC. He is also responsible for sustaining the armed conflict in the DRC. 4/10 ELI: http://data.europa.eu/eli/dec_impl/2024/2064/oj EN OJ L, 26.7.2024Name Identifying information Reasons Date of listing 31. Jean Claude a.k.a. Jules MULUMBA, Habyarimana Jean Claude Habyarimana Mbitse holds a leading position as spokesperson 26.7.2024 HABYARIMANA MBITSE Mbitshemunda of the “Collectif des mouvements pour le changement / Forces de défense du peuple” (CMC-FDP), a non-governmental armed group operating in Eastern Function/rank: Spokesperson of the “Collectif des DRC. In addition, Jean Claude Habyarimana Mbitse holds a leading position mouvements pour le changement / Forces de as spokesperson and liaison officer of the so-called “Wazalendo” or défense du peuple” (CMC-FDP), VDP Spokesperson “Volontaires pour la Défense de la Patrie” (VDP), a coalition of and Liaison Officer non-governmental armed groups operating in Eastern DRC which fights POB: Rugari Groupement, Rutshuru Territory, against the coalition of M23/RDF/AFC. North Kivu province, DRC The CMC-FDP and VDP sustain the armed conflict, instability and insecurity Address: Bujumbura, Burundi in the DRC, in particular through inciting violence. In particular, CMC-FDP and VDP combatants committed serious human rights violations and abuses Nationality: Congolese against civilians. For instance, VDP combatants are systemically engaged in kidnappings for ransom, torture, rape, arbitrary detentions and executions Gender: male of civilians, and the recruitment of child combatants. Owing to his leading position in the CMC-FDP and VDP, Jean Claude Habyarimana Mbitse is therefore involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC. He is also responsible for sustaining the armed conflict, instability and insecurity in the DRC. ELI: http://data.europa.eu/eli/dec_impl/2024/2064/oj 5/10 OJ L, 26.7.2024 ENName Identifying information Reasons Date of listing 32. Dominique KAMANZI a.k.a. Domi, Dominique NDARURUTSE, Général, Dominique Kamanzi Ndarurutse is a Commander of the “Collectif des 26.7.2024 NDARURUTSE Dominique NDARUHUTSE Mouvements pour le Changement-Forces de Défense du Peuple” (CMC-FDP), an armed group active in Eastern DRC and part of the so-called “Wazalendo” Function/rank: Commander of the Collectif des or “Volontaires pour la Défense de la Patrie” (VDP) coalition consisting of the Mouvements pour le Changement-Forces de Dé- Congolese armed forces (FARDC) and several other armed groups. This fense du Peuple (CMC-FDP) coalition fights against the coalition of the March 23 Movement / Congolese DOB: 1982 Revolutionary Army (M23/RDF) and the “Alliance Fleuve Congo” (AFC) in Eastern DRC and has been involved in human rights violations. POB: Kashavu, Bukombo Groupement, Rutshuru Territory, North Kivu province, DRC The CMC-FDP and VDP sustain the armed conflict, instability and insecurity in the DRC, in particular through inciting violence. In particular, CMC-FDP Nationality: Congolese and VDP combatants committed serious human rights violations and abuses against civilians. For instance, VDP combatants are systemically engaged in Gender: male kidnappings for ransom, torture, rape, arbitrary detentions and executions of civilians, and the recruitment of child combatants. As a Commander of CMC-FDP, Dominique Kamanzi Ndarurutse operates its military command and is therefore involved in committing acts that constitute serious human rights violations and abuses in the DRC. As a leader of CMC-FDP, he is also responsible for sustaining the armed conflict, instability and insecurity in the DRC. 6/10 ELI: http://data.europa.eu/eli/dec_impl/2024/2064/oj EN OJ L, 26.7.2024Name Identifying information Reasons Date of listing 33. Amigo KIBIRIGE a.k.a. Kibirige Muhammand, Mzee Amigo, Simba Amigo Kibirige is an Allied Democratic Forces (ADF) Commander. ADF is 26.7.2024 Amigo, Marine a non-governmental armed group operating in Uganda and Eastern DRC. Amigo Kibirige has been identified as one of the main ADF commanders Function/rank: Allied Democratic Forces Com- operating in Mwalika. mander The ADF sustains the armed conflict, instability and insecurity in the DRC DOB: 1975 to 1979 (particularly in the Ituri and North Kivu provinces), for example with attacks POB: Masaka, Uganda on civilians. In addition, it is responsible for serious human rights abuses, including attacks against civilians, killings and abductions. Nationality: Ugandan Owing to his senior leading position as ADF Commander, Amigo Kibirige is Gender: male involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC. He is also responsible for sustaining the armed conflict, instability and insecurity in the DRC. ELI: http://data.europa.eu/eli/dec_impl/2024/2064/oj 7/10 OJ L, 26.7.2024 ENName Identifying information Reasons Date of listing 34. Augustin MIGABO Function/rank: Colonel, Deputy Commander of the Colonel Augustin Migabo holds a leading position as Deputy Commander of 26.7.2024 Special Force Command of the Rwanda Defence the Special Force Command of the Rwanda Defence Force (RDF), deployed Force (RDF) in DRC as from May 2022, more specifically in the North Kivu region. DOB: March 1968 The objective of the RDF presence in DRC is to reinforce the operations of the March 23 Movement / Congolese Revolutionary Army (M23/ARC), Place of birth: Burundi a non-governmental armed group operating in Eastern Congo, by providing Nationality: Rwandan troops and equipment. Military service number: 1574 The RDF presence in the DRC constitutes a violation of the territorial integrity of the DRC. It also sustains the armed conflict, instability and Gender: male insecurity in the region as well as the serious human rights abuses and violations committed by members of M23/ARC. Owing to his leading position within the RDF troops present in DRC, Augustin Migabo is responsible for sustaining the armed conflict, instability and insecurity in the DRC. He is also responsible for providing support to the armed group M23/ARC, which sustains the armed conflict, instability and insecurity in the DRC, in particular by providing it with troops and equipment. 8/10 ELI: http://data.europa.eu/eli/dec_impl/2024/2064/oj EN OJ L, 26.7.2024Name Identifying information Reasons Date of listing 35. Corneille NANGAA Function/rank: Founder, leader and political Corneille Nangaa Yobeluo holds a leading position as founder, leader and 26.7.2024’; YOBELUO coordinator of the “Alliance Fleuve Congo” (AFC) political coordinator of the “Alliance Fleuve Congo” (AFC), a politico-military movement operating in Eastern DRC and openly associated with several DOB: 9.7.1970 non-governmental armed groups, including the March 23 Movement / POB: Bagboya, Wamba Territory, Haut-Uele Pro- Congolese Revolutionary Army (M23/ARC). vince, DRC Several non-governmental armed groups, including the M23/ARC, have Nationality: Congolese fuelled armed conflict, instability and insecurity in the DRC, with the support of the AFC. By publicly and repeatedly calling for the military and Passport number: DP0000149, DP0003850 violent overthrow of the Congolese government, the AFC also incites violence. Gender: male Owing to his leading position as founder, leader and political coordinator of the AFC, Corneille Nangaa Yobeluo is therefore responsible for sustaining the armed conflict, instability and insecurity in the DRC. He is also responsible for providing support to the armed group M23/ARC, which sustains the armed conflict, instability and insecurity in the DRC, in particular by forming an alliance and working closely with M23/ARC. ELI: http://data.europa.eu/eli/dec_impl/2024/2064/oj 9/10 OJ L, 26.7.2024 EN(2) the following entity is added to Section B (‘Entities’): Name Identifying information Reasons Date of listing ‘1. Alliance Fleuve Congo (AFC) Date of creation: 15.12.2023 The “Alliance Fleuve Congo” (AFC) is a politico-military movement 26.7.2024’. operating in Eastern DRC and is openly associated with several Place of creation: Kenya non-governmental armed groups, including the March 23 Movement / Congolese Revolutionary Army (M23/ARC). Several non-governmental armed groups, including the M23/ARC, have fuelled the armed conflict, instability and insecurity in the DRC, with the support of the AFC. By publicly and repeatedly calling for the military and violent overthrow of the Congolese government, the AFC also incites violence. The AFC is therefore responsible for sustaining the armed conflict, instability and insecurity in the DRC. AFC is also responsible for providing support to the armed group M23/ARC, which sustains the armed conflict, instability and insecurity in the DRC, in particular by forming an alliance and worked closely with M23/ARC. 10/10 ELI: http://data.europa.eu/eli/dec_impl/2024/2064/oj EN OJ L, 26.7.2024