Congo, Democratic Republic of
Mine Ban Policy
Policy
The Democratic Republic of the Congo (DRC) acceded to the Mine Ban Treaty on 2 May 2002, becoming a State Party on 1 November 2002. The National Commission to Fight Antipersonnel Mines was created in 2002.[1]
The DRC enacted national legislation to implement the Mine Ban Treaty in 2011. Law No. 11/007, Implementing the Convention on the Prohibition of the Use, Stockpiling, Production, and Transfer of Antipersonnel Mines and on their Destruction in the Democratic Republic of the Congo, was promulgated by the president on 9 July 2011 and published in the official journal on 15 July 2011.[2] The law was first adopted in December 2010 and a final version adopted by Parliament on 16 June 2011.[3]
Law No. 11/007 prohibits the development, manufacture, production, acquisition, stockpiling, conservation, supply, sale, import, export, transfer, and use of antipersonnel landmines or their components, and also prohibits assistance, encouragement, or inducement in these activities.[4] The law establishes penal sanctions for persons violating its provisions of 10 years imprisonment and a fine of CDF10–20 million (about US$11,000–$22,000). The law also provides penal sanctions for legal entities (companies) guilty of violations of CDF10–20 million (about US$11,000–$22,000) and contains provisions on victim assistance.[5]
The DRC regularly attends meetings of the treaty. It most recently participated in the Nineteenth Meeting of States Parties held virtually in November 2021, and the intersessional meetings held in Geneva in June 2022, where it presented on its Article 5 extension request.[6] The DRC also attended the Fourth Review Conference in Oslo in November 2019. The DRC provided its most recent updated Article 7 transparency report in 2022.
The DRC is not party to the Convention on Conventional Weapons (CCW). It is a signatory to the Convention on Cluster Munitions.
Production, transfer, use, stockpile destruction, and retention
The DRC is not known to have produced or exported antipersonnel landmines. While government forces have used antipersonnel mines in the past, the Monitor has not received any allegations of such use since the DRC acceded to the treaty in 2002. There were credible allegations of use of antipersonnel landmines in the DRC by non-state armed groups (NSAGs) until at least 2004, and by Rwandan and Ugandan government forces in the country in 2000.[7]
In May 2006, the DRC informed States Parties that it had completed the destruction of all 2,864 stockpiled antipersonnel mines that it was able to identify, thus fulfilling its treaty obligation to destroy stocks by 1 November 2006. The DRC stated that if more stockpiled antipersonnel mines were discovered, then they would be destroyed in a timely fashion.[8]
Previously, the DRC has destroyed newly discovered, seized, or turned-in antipersonnel mines on many occasions. It reported an additional 198 mines destroyed in 2006; 936 in 2007; 631 in 2008; 101 in 2009; and 70 in 2010.[9] In its Article 7 report submitted in 2022, the DRC reported small numbers of mines destroyed in recent years, though the context is unclear.[10]
In March 2010, a DRC government official informed the Monitor that there were some live antipersonnel mines retained for training at the Military Engineers’ School in Likasi, but the types and numbers have not yet been reported.[11] Since 2011, the DRC has reported “not applicable” on Form D of its Article 7 report, on mines retained for training or research purposes. In 2009, as in its previous report, the DRC stated that information on retained mines was “not yet available.”[12]
Landmine use by non-state armed groups
NSAGs remain active in the country.[13] Sporadic use of antipersonnel landmines has been reported by the Monitor in the DRC the past.[14] In December 2021, a woman escaping a camp of the Allied Democratic Forces (ADF) was injured by an antipersonnel landmine laid on the perimeter of the camp. Other incidents of mine use attributed to the ADF occurred during late 2021. In November, September, and August 2021 at least four farmers were killed in incidents across different areas of North Kivu province by antipersonnel landmines alleged to have been laid by the ADF. In July 2021, two children in Ituri province were killed by an explosive device allegedly laid by the ADF.[15] The Monitor had previously reported on mine use by the ADF in November 2005.[16]
[1] DRC Mine Ban Treaty Article 7 Report, Form A, 30 April 2003. See, Mine Ban Treaty Article 7 Database; and ICBL, Landmine Monitor Report 2006: Toward a Mine-Free World (Ottawa: Mines Action Canada, July 2006), p. 325.
[2] Email from André Tabaro, Coordinator, National Association of Landmine Survivors, 19 August 2011.
[3] The law was first adopted in December 2010, but there were differences between the versions adopted by the Senate and the National Assembly, so a reconciled version was adopted on 16 June 2011. ICBL meeting with Sudi Kimputu, Coordinator, National Focal Point for Mine Action in the DRC, and Charles Frisby, Chief of Staff, DRC Mine Action Coordination Center, in Geneva, 23 June 2011.
[4] National Assembly/Senate Joint Commission, “Proposition de loi portant mise en oeuvre de la Convention sur l’interdiction de l’emploi du stockage, de la production et du transfert des mines antipersonnel et sur leur destruction en Republic Democratique du Congo” (“Bill to implement the Convention on the Prohibition of the Use, Stockpiling, Production, and Transfer of Antipersonnel Mines and their Destruction in the Democratic Republic of Congo”), June 2011, Articles 3 and 4.
[5] Ibid., Chapter 7. The law requires the immediate cessation of production of antipersonnel mines and for anyone, except government or other authorized public agencies, who produces or possesses antipersonnel mines or their components as referred to under Article 3, to immediately notify the Ministry of Defense or the Ministry of Civil Protection of the total stock, including the type, quantity, and where possible, lot number, for each type. Average exchange rate for 2010: US$1=CDF901.922. Oanda, www.oanda.com.
[6] DRC, Presentation on the implementation of Article 5, Mine Ban Treaty intersessional meetings, Geneva, 21 June 2022.
[7] ICBL, Landmine Monitor Report 2009: Toward a Mine-Free World (Ottawa: Mines Action Canada, October 2009), p. 327.
[8] ICBL, Landmine Monitor Report 2006: Toward a Mine-Free World (Ottawa: Mines Action Canada, July 2006), pp. 326–327. In May 2006, a representative did not indicate the date on which the DRC considered the program completed. The 2,864 mines destroyed included mines held in the military regions, mines recovered from NSAGs, and abandoned mines. Apparently, this total only included seven mines (Claymore type) held by the armed forces.
[9] DRC Mine Ban Treaty Article 7 Reports, Form G, 30 April 2011, 30 April 2010, 22 May 2009, and 20 May 2008; ICBL, Landmine Monitor Report 2009: Toward a Mine-Free World (Ottawa: Mines Action Canada, July 2006), p. 327; and ICBL, Landmine Monitor Report 2008: Toward a Mine-Free World (Ottawa, Mines Action Canada, October 2008), p. 280. In 2010, the DRC reported 38 PMA-2 mines found and destroyed: 33 by Mechem in Kisangani, two by Handicap International (HI) Belgium, two by HI Federation in Oriental province, and one by Mines Advisory Group (MAG) in Bas-Congo province. Additionally, 16 TS-50 mines were found and destroyed: 10 by DanChurchAid (DCA), five by MAG in Katanga, and one by HI Belgium in Oriental province. One PPM-2 mine was found and destroyed by MAG in Bas-Congo; 14 M35 mines were found and destroyed (nine by DCA and five by MAG in Katanga); and two mines of unknown types found and destroyed by MAG in September 2010. In 2009, the DRC reported eight PMA-2 mines found and destroyed (one by MAG in Ikela, one by HI Belgium in Yengeni, and six by Mechem in Sange, Kisangani, and Bangboka); 43 TS-50 mines were found and destroyed (41 by DCA in Kabumba, Mitondo, and Lubandula, one by MAG in Kirungu, and one by Mechem in Kisangani); one M2A4 mine was found and destroyed by Mechem in Bangboka; 21 M35 mines were found and destroyed (15 handed over by the national armed forces [Forces Armées de la République Démocratique du Congo, FARDC] and destroyed by MAG in Lubumbashi, five by MAG in Lubumbashi and Selembe, and one by DCA at an unspecified location); one PROM 1 mine was found and destroyed by MAG in Kasenga; two No. 4 mines were found and destroyed by MAG in Ikela; eight Type 69 mines were found and destroyed by MAG in Lubumbashi; and eight Type 58 mines were found and destroyed by MAG in Gemena. The 101 reported also included nine Claymore Z1 mines, eight found and destroyed by MAG in Shamwana, Ikela, and Bomongo, and one by MECHEM in Bogoro. The reports do not explain whether the landmines were discovered among FARDC arsenals or were discovered or seized from other sources, with the exception of 15 M35 mines handed over by the FARDC in November 2009.
[10] DRC Mine Ban Treaty Article 7 Report (for calendar year 2021), Form G, p. 4.
[11] Response to Monitor questionnaire by Capt. Roger Bokwango, National Focal Point for Mine Action in the DRC, 30 March 2010. The response stated: “Il y aurait quelques mines Antipersonnel réelles à l’école du Génie Militaire de Likasi, mais les types et les nombres n’ont pas encore été rapportés” (“There are believed to be real antipersonnel landmines at Likasi School of Military Engineering, but the types and numbers have not yet been reported”).
[12] DRC Mine Ban Treaty Article 7 Report, Form D, 22 May 2009.
[13] These include the Allied Democratic Forces (ADF), the Cooperative for the Development of Congo (CODECO), and the 23 March Movement (M23) among other smaller armed groups.
[14] Previously, in August 2009, a military officer reportedly stated that 25 soldiers had been killed by antipersonnel landmines laid by the Democratic Liberation Forces of Rwanda (Forces Démocratiques de Liberation du Rwanda, FDLR), and noted, “We are not aware of other antipersonnel mines planted in the area.” See, “350 Rwandan Hutu militiamen killed during Operation Kimia II in South Kivu province,” Radio Okapi, 29 August 2009.
[15] Armed Conflict Location and Event Data Project (ACLED) data for the DRC, 2021. See, ACLED website.
[16] ICBL, Landmine Monitor Report 2006: Toward a Mine-Free World (Ottawa: Mines Action Canada, July 2006), p. 329.