MOTION FOR A RESOLUTION on forced displacement of people as a result of escalating conflict in Eastern Democratic Republic of Congo (DRC)
22.11.2022 - (2022/2957(RSP))
pursuant to Rule 144 of the Rules of Procedure
Margarida Marques, Andrea Cozzolino, Hannes Heide
on behalf of the S&D Group
See also joint motion for a resolution RC-B9-0507/2022
B9‑0527/2022
European Parliament resolution on Forced displacement of people as a result of escalating conflict in Eastern Democratic Republic of Congo (DRC)
The European Parliament,
– having regard to its previous resolutions on the Democratic Republic of the Congo (DRC),
– having regard to the statement of the UN Security Council, 27 July 2022, on United Nations Organization Stabilization Mission in Democratic Republic of the Congo
– having regard to statement of the UN Security Council, 12 July 2022, on Situation in Democratic Republic of Congo”
– having regard to the report of the Secretary General of the UN of 10 October 2022, on Children and armed conflict in the Democratic Republic of the Congo
– having regard to the UN report of October 2022 on Torture and impunity widespread in DRC's conflict areas.
– having regard to the declaration of the HRVP Josep Borrell on 4 July 2022 on the situation of the eastern part of DR Congo
– having regard to the resolution of the ACP-EU Joint Parliamentary Assembly of 15 June 2016 on the pre-electoral and security situation in the DRC,
– having regard to the statements by the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR), and by her spokesperson, on the situation in the Democratic Republic of the Congo,
– having regard to the Council conclusions on the Democratic Republic of the Congo of 23 May 2016,
– having regard to the Nairobi Declarations of December 2013,
– having regard to the Peace, Security and Cooperation Framework for the DRC and the Region, signed in Addis Ababa in February 2013,
– having regard to the UN Security Council resolutions on the DRC, in particular resolutions 2198 (2015) on renewing the DRC sanctions regime and the mandate of the Group of Experts, and 2277 (2016), which renewed the mandate of the United Nations Organisation Stabilisation Mission in the DRC (MONUSCO) for a year,
– having regard to the report of the UN Group of Experts on the DRC of 12 January 2015,
– having regard to the annual report of the UN High Commissioner for Human Rights on the situation of human rights and the activities of the United Nations Joint Human Rights Office in the DRC, of 27 July 2015,
– having regard to the UN Mapping report on armed aggressions and war which took place between March 1993 and June 2003 and mapped the most serious violations of human rights, together with violations of international humanitarian law, committed within the Democratic Republic of the Congo containing descriptions of 617 alleged violent incidents.
– having regard to Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas,
– having regard to the Cotonou Partnership Agreement as well as the post-Cotonou agreement awaiting ratification,
– having regard to the African Charter on Human and Peoples’ Rights of June 1981,
– having regard to the African Charter on Democracy, Elections and Governance of January 2007,
– having regard to the Congolese Constitution of 18 February 2006,
– having regard to the Cotonou Agreement,
– having regard to Rule 132(2) and (4) of its Rules of Procedure,
– having regard to the assassination of the Italian Ambassador Luca Attanasio in North Kivu on 22 February 2021,
– having regard to the UN Security Council Resolutions on Women, Peace and Security and Youth, Peace and Security 2250 (2015), 2419 (2018) and 2535 (2020),
– having regard to the Council conclusions on Youth in external Actions of 5 June 2020,
– having regard to the EU’s Action Plan on Gender Equality and Women's Empowerment in External Action 2021–2025 (GAP III) of 25 November 2020,
– having regard to the EU’s Youth Action Plan external action of 4 October 2022,
- Whereas the security situation in the Democratic Republic of the Congo continues to deteriorate in the north-eastern part of the country, where armed groups remain active, with numerous reports of massacres, of recruitment and use of children by armed groups, and of widespread sexual and gender-based violence.
- Whereas since 20 October 2022, the intensified fighting in the eastern region of the Democratic Republic of Congo (DRC) has led to the displacement of thousands of people from Rutshuru territory in North Kivu province mainly to Kanyaruchinya and Kibati, north of the city of Goma and to Lubero territory;
- Whereas the conflict in Eastern DRC is triggering massive population movement to the north and south along the Rutshuru-Goma axis.
- Whereas, the eastern provinces of Ituri and Kivu in the DRC have suffered for two decades from massacres of civilian populations and violence perpetrated by armed groups while Congolese and Rwandan authorities failed to hold the group accountable for past crimes.
- Whereas between 22 October and 2 November 2022, at least 12 civilians have been killed and at least 40 injured mainly in Ntamugenga and Rangira, Rubare and Kalengera. And whereas, on 1 November 10 civilians were killed, allegedly by M23 during clashes in Nkiko village.
- Whereas, according to the UNICEF Emergency Manager Dounia Dekhili “There are nearly 190 children who have been separated from their families or caregivers during the chaos of recent displacements and so far”
- Whereas, according to the UN, more than 355,000 Congolese have fled their homes so far this year in 2022 and the general humanitarian situation is becoming increasingly dire
- Whereas the DRC is a country of crucial importance for the preservation of biodiversity, the transition towards a green economy and the fight against climate change; whereas the DRC, is the resource-rich heart of Africa including mineral wealth such as cobalt, a key component for the battery industry. And whereas, it has significant hydroelectric potential and more than 70mn hectares of untapped arable land, while the population does not profit from this wealth.
- Whereas it was reported in October by Human Rights Watch that in the recent conflict with M23 rebel forces, Congolese army units backed, at times with direct support, in eastern Democratic Republic of Congo armed groups, including the Patriots’ Alliance for a Free and Sovereign Congo (Alliance des patriotes pour un Congo libre et souverain, APCLS) of Janvier Karairi, the Coalition of Movements for Change (Coalition des mouvements pour le changement, CMC/FDP) of Dominique Ndaruhuste, known as “Domi,” the Nduma Defense of Congo-Renovated (Nduma défense du Congo-Rénové, NDC-R) faction of Guidon Mwisa Shimirai, and the Nyatura Abazungu’s Alliance of Congolese nationalists for the defense of human rights (Alliance des nationalistes congolais pour la défense des droits humains, ANCDH/AFDP) of Jean-Marie Bonane, which were implicated in serious abuses,
- Whereas there is strong suspicion demonstrating Rwandan support to the abusive rebel force’s operations,
- Whereas journalists increasingly face harassment, threats and arrest, as demonstrated most recently by the expulsion in November of French reporter Sonia Rolley after her application for journalistic accreditation was rejected, and by the attempt to arrest Congolese journalist Steve Wembi, a contributor to the New York Times,
- Whereas the DRC, is the resource-rich heart of Africa, including mineral wealth such as cobalt, a key component for the battery industry. And whereas, it has significant hydroelectric potential and more than 70mn hectares of untapped arable land, while the population does not profit from this wealth.
- Whereas mineral resources of the DRC is one of the main reason for the conflict in the region, and whereas among these resources are gold, coltan, diamonds, cassiterite, cocoa, timber, charcoal, with various groups controlling strategic supply chains into Rwanda, Burundi and Uganda.
- Whereas access to, and exploitation of, natural resources continue to play an important role in fuelling the conflicts and general instability in the DRC and the region; whereas corruption continues to play a very important role in the destabilisation of the whole country and individuals such as Dan Gertler continue to do their business in the country through a stable system of corruption.
- Whereas, on 30 October, the DRC’s government has expelled the Rwandan Ambassador Vincent Karega, from Kinshasa, after accusing Kigali of supporting M23 rebels.
- Whereas the conflict has caused the death of more than 6 million people since 1994 and has a direct negative impact on the democratic space; whereas Human Rights Defenders denouncing roots causes of the conflict and instability in the region continue to be threatened with harm to their physical integrity, and whereas journalists reporting on the renewed clashes have been threatened and harassed on social media and by intelligence services.
- Whereas, the UN also notes that “criminal networks and some FARDC members continued to traffic in and profit from untagged coltan from mines” in North Kivu, some of which is smuggled into Rwanda for onward trade. Whereas the effective implementation of the directive on conflict minerals is vital in this context;
- Whereas, the President F. Tshisekedi initiated in September 2022 an agreement on the status of the regional force of the East African Community (EAC) for a regional joined armed force intervention to defeat illegal armed groups present in the country and restore stability; whereas Burundi, Uganda and Kenya have already sent national armed forces in DRC.
- Whereas, the M23’s revival has undermined the regional stability and whereas the DRC has not been able to protect its territory. Whereas Rwanda is accused to be backing the group by DRC, and whereas a UN expert report states that individuals in Rwandan army uniforms were seen in M23 camps.
- Whereas, the protection of civilians remains a major challenge, and whereas access is currently hampered between Rutshuru town and Goma, preventing humanitarian operations, including the delivery of aid, in the Rutshuru and Kiwanja areas.
- Whereas the ongoing hostilities have also increased intercommunal tensions, hate speech and harmful rhetoric particularly against Rwanda, as well as increased anti-MONUSCO sentiment in Goma. And whereas, on 1 November, a MONUSCO convoy on operational movement from Rumangabo to Sake, was attacked by a hostile crowd at a FARDC checkpoint in Kanyaruchinya, which resulted in the injury of two MONUSCO Bangladeshis and five peacekeepers, and damaging four vehicles.
- Whereas, two health centres were attacked by non-state armed actor "ADF" in the town of Maboya in North Kivu's Beni territory on 20 October, reportedly killing seven people, and whereas a nurse was also kidnapped.
- Strongly condemns the ongoing brutal aggressions of armed groups, such as the M23, on civilians of the eastern DRC;
- Expresses its deep concern regarding the escalation of violence and the alarming and deteriorating humanitarian situation in the DRC, caused in particular by the armed conflicts in the eastern provinces, and deplores the loss of life and expresses its sympathy with the people of the DRC;
- Expresses its deep concern at the full range of threats and human rights violations and abuses experienced by women and girls in armed conflict, and recognising that women and girls are particularly at risk and are often specifically targeted and at an increased risk of violence in conflict and post-conflict situations which prevents their participation in peace processes
- Recognizes that sexual violence in conflict occurs on a continuum of interrelated and recurring forms of violence against women and girls, and recognizing that conflict also exacerbates the frequency and brutality of other forms of gender-based violence.
- Reiterates the need for civilian and military leaders, to demonstrate commitment and political will to prevent sexual violence and enforce accountability.
- Recalls that the neutralisation of all armed groups in the region will strongly contribute to peace and stability, and calls for the Government of the DRC to make this a priority and to restore safety for all its citizens and stability in the territories of Kanyaruchinya and Kibati, Goma and Lubero; welcomes the role of the East African Community to support DRC in this conflict.
- Calls on the Commission in its review of the functioning and effectiveness of Regulation (EU) 2017/821, to assess the impacts on the efficiency of this Regulation and its identified shortcomings regarding the thresholds of annual imports of minerals, the CAHRA list, and the reliance on industry schemes; calls on the Commission to take actions against Member states that still have not fully implemented this regulation; calls on the Commission to also asses in its review whether the latitude left to Member states on the publication of the name of importers and the monitoring of the compliance of importers hinders the objectives of this Regulation; calls on the Commission to take into account the learnings from this review when revising this Regulation and to make use of Article 17 (3) of Regulation (EU) 2017/821 to propose a legislative proposal to impose penalties upon Union importers in the event of persistent failure to comply with the obligations set out in this Regulation in order to ensure an effective enforcement of this Regulation.
- Acknowledge the creation of the EAC joined armed forces coalition in the DRC, encourage the close monitoring of their action and raise its concern about the opportunity of sending regional armed forces in the East DRC without a clear strategy and strong safeguarding on their performance and on the human rights guarantees.
- Urges the international community to take concrete actions to stop the ongoing violence and especially by encouraging the promotion of dialogue and non-violent solution ; and by supporting the regional mediation process initiate by the President of Angola João Lourenço.
- Encourages the EU and the Member States to support a safe and enabling environment for civil society, Human Rights Defenders (HRDs) and independent media, recognizing their crucial role in peacebuilding and the prevention of conflict and recommend to systematically consult these actors to identify concrete solutions and recommendations to contribute to the resolution of this specific crisis;
- Urges Rwanda to stop supporting M23 rebels and the international community to monitor the application of the non-aggression.
- Expresses concern for the accumulated consequences that the conflict, the natural disasters and the Covid-19 pandemic, have inflicted in DRC; calls on the EU and its Member States to take into account the dire situation that this situation has inflicted on the country and to prioritize the deployment of humanitarian aid to the country.
- Recalls that one of the basic rules of International Humanitarian Law is that first and foremost civilians as well as health centres and hospitals should not be the target of violence.
- Notes with concern the deteriorating situation for internally displaced people in DRC; calls in particular for the EU and its Members states to deliver on commitments to protect their security and safety as well as access to healthcare and basic services.
- Strongly condemns all the violence perpetrated, the breaches of human rights, arbitrary killing and all forms of Gender-Based Violence in the context of the ongoing conflict and humanitarian crisis in eastern Democratic Republic of the Congo.
- Urges all governments concerned to ensure that any political settlement does not include an amnesty for those responsible for grave international crimes and prevents abusive M23 commanders to integrate into Congo’s armed forces.
- Calls for Member States to ensure the effective implementation of the regulation 2017/821 on conflict minerals; and urges for the review this regulation; demands to put in place a sanction mechanism for the crimes of corruption to avoid that people such as the case of Dan Gertler, sanctioned in the US, can use the EU as a hub to continue their business as usual.
- Condemns all demonstrations and hate speech and calls on the political and military authorities to reject stigmatization, manhunts and any other act likely to disturb public order, national unity and cohesion.
19. Condemns security force suppression of peaceful demonstrations and dissent and calls on the DR Congo authorities to ensure that democratic elections meet international standards, develop an accurate registration process with the timely publication of a voters’ list, make a commitment not to exclude lawful candidates or voters, ensure free campaigning by candidates and parties, and require transparent vote tabulation and reporting of results.
20. Call upon the authorities of the Democratic Republic of Congo to seek accountability and justice for abuses committed during previous and current armed conflicts on Congolese territory; and to carry out a security sector overhaul, including adopting a plan to address impunity for grave human rights violations, with a vetting mechanism for the military and other security services, an internationalized justice entity, and a comprehensive reparations program for victims of abuses, as well as an effective demobilization program aimed at militia and armed group fighters.
21. Calls for the sanctions against senior M23 commanders to be maintained and expanded to include those newly found responsible for serious abuses, as well as senior officials from across the region complicit in the armed group’s abuses.
22 Presses the European Commission and EU member states to call for and condition their support to the deployment of troops by regional neighbouring countries in the East of the Democratic Republic of Congo to the development of a vetting mechanism in line with international standards for deployed troops, a strong protection mandate and due diligence policy, and the development of a human rights monitoring mechanism.
23. Urges the European Commission and EU member states to ensure that the upcoming EU strategy for the Great Lakes adequately reflects the serious human rights challenges at both country and regional levels, in particular in the Democratic Republic of Congo, commits to concrete and meaningful promotion of freedoms of association and peaceful assembly, freedom of expression, and to address against harassment, detention, torture, and ill-treatment of civil society activists, journalists, opposition members, and other critics, links future improvements of bilateral cooperation to clear human rights benchmarks, and makes it clear that accountability for serious human rights violations is crucial to ensure respect for human rights and long-term stability in the Great Lakes region.
24. Calls for the finalisation of a strong Strategy for the Great Lakes region and the nomination of a Special Envoy.
25. Reiterates its support for respect for sovereignty and territorial integrity, which are principles of international law applicable everywhere and must be respected by all. Demands the definition and implementation of a project against impunity such as the creation of a mixed tribunal.
26. Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the European External Action Service, the African Union, the ACP-EU Council of Ministers, the ACP-EU Joint Parliamentary Assembly, the Secretary-General of the United Nations and the Government and Parliament of the Democratic Republic of the Congo.