Forsaking International Legal Obligations: DR Congo’s Allegations Against Rwanda Reflect Internal Incompetence.

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The Democratic Republic of the Congo (DRC) and Rwanda, as neighboring nations and members of multiple international and regional organizations, share mutual obligations under various legal frameworks, including the United Nations Charter, the East African Community Treaty, and the African Union Charter. These agreements emphasize principles such as peaceful coexistence, respect for sovereignty, and the promotion of regional stability. However, the DRC has repeatedly accused Rwanda of involvement in its internal security issues, notably in the conflict-ridden eastern region. Rather than addressing the root causes of its challenges, including governance failures and the proliferation of armed groups, the DRC has resorted to scapegoating Rwanda. Join me to explore the DRC’s apparent disregard for its international legal obligations and its tendency to deflect responsibility, contrasting Rwanda's efforts to seek amicable and law-abiding resolutions.

Democratic Republic of the Congo joined the United Nations on 20 September 1960[1] after two years, Rwanda was admitted as a member to the UN on 18 September 1962, following the adoption of security council resolution A_RES_1748(XVII) in July of the same year.[2] Both countries as members of the United Nation have obligations to fulfill as per the United Nations Charter.

Paragraph two of article one of the charter stipulates that; the Purposes of the United Nations among them, to develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace.[3] Unfortunately, DR Congo seems to forget its commitment as a member of the United Nations.  By scapegoating her responsibilities, DRCongo accuses Rwanda of the insecurities in her eastern part.

Rwanda always seeks to handle the misunderstanding in amicable way, as the article 2 of the United Nations charter in paragraph 3 stipulates that; all Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.[4] The Democratic Republic of Congo seems to forget their international obligations and advances threats of violating the sovereignty of Rwanda.

Back in the Security Council Chamber in New York, on 26 January 2025, Rwanda’s representative said that Rwanda regrets the deteriorating security situation in the Eastern Region of the Democratic Republic of the Congo (DRC). The current crisis could have been averted had the DRC Government demonstrated a genuine commitment to peace. ‘’The DRC has all the necessary tools to achieve a lasting resolution to the ongoing conflict’’, he said. By prioritizing militarization of the conflict instead of embracing the regional mechanisms that have been put in place to foster a sustainable solution born out of dialogue, the conflict has continued to escalate leading to the prevailing situation today.[5]

Instead of putting in place necessary tools to achieve a lasting resolution to the ongoing conflict, the officials of the DRCongo in different capacities put efforts together to demonstrate lack of commitment of solving the current internal security in DRC.  A special press briefing was held on Thursday, January 9, 2025, focusing on the theme: “Security Situation in Eastern DRC: Progress in Homeland Defense on Military and Diplomatic Fronts.” The event featured Patrick Muyaya Katembwe, Minister of Communication and Media and Government Spokesperson; Thérèse Kayikwamba Wagner, Minister of State, Minister of Foreign Affairs, Cooperation, and Francophonie; and Major General Sylvain Ekenge Bomusa Efomi, Spokesperson of the Armed Forces of the Democratic Republic of Congo (FARDC).  The Government Spokesperson, Patrick Muyaya, began by outlining the outcomes of a security meeting led by the Head of State. He also highlighted a UN report that unequivocally links Rwanda to supporting M23 rebels.[6] DRCongo jumps on any report with baseless accusations be it UN reports or any report that fits their agenda. Major General Sylvain Ekenge provided updates on the military situation, noting that loyalist forces have regained control of Ngungu and its surroundings. On the Sake axis, FARDC forces successfully ousted rebels from key positions, inflicting significant human and material losses on the attackers. The loyalist he referred to among them are the FDLR a sanctioned terror organization, and the wazalendo the so-called patriots who loot and kill their fellow citizens.  Minister Thérèse Kayikwamba Wagner elaborated on diplomatic efforts, emphasizing recent condemnations by the United States and the United Kingdom at the UN Security Council regarding Rwanda's military activities in the DRC. The condemnations she refers to are basless accusation of countries who benefits in the instability of the DRCongo.She also acknowledged Angola’s support in addressing these challenges. Additionally, they keep referring to the so-called UN report detailed the presence of 4,000 Rwandan soldiers in the DRC and highlighted resource exploitation, including the illegal export of 150 tons of coltan to Rwanda. It also revealed that over 10,000 individuals are engaged in artisanal mining under the administration imposed by the ADF and M23 coalition.[7] Rwanda as a neighbor of DRCongo is affected by the insecurities in the DRC as for example the cities of Goma and Gisenyi are near. Any insecurity in the city of Goma it keeps the population of Gisenyi awake and alerted and sometimes affected as we recently learned about  victims who were injured and some killed.    

As neighboring countries, what happens in DRCongo affects Rwanda directly or indirectly. The fighting close to the Rwandan border continues to present a serious threat to Rwanda's security and territorial integrity, and necessitates Rwanda's sustained defensive posture. The ongoing conflict in eastern DRC, particularly the recent heavy fighting around Goma, was triggered by constant violations of the ceasefire by the Congolese armed forces (FARDC) in coalition with UN-sanctioned genocidal militia FDLR, European mercenaries, ethnic militias (Wazalendo), Burundian armed forces, SAMIDRC forces plus MONUSCO troops.[8] On top of that; under the Luanda Process, a ministerial-level agreement was reached on a Concept of Operations (CONOPS) to neutralize the FDLR—a UN and U.S.- sanctioned genocidal militia and to lift Rwanda’s defensive measures along the common border. The FDLR, which poses a direct threat to Rwanda’s security and territorial integrity, is composed of remnants of the perpetrators of the 1994 Genocide against the Tutsi that claimed over one million lives. For decades, the FDLR has found sanctuary in the DRC, where it recruits fighters, influences corrupt local elites, and spreads its anti-Tutsi genocide ideology in Congolese communities. This has led to ethnic cleansing and persecution of those local communities, with the result of hundreds of thousands of them now scattered as refugees in the region-others in IDP camps. Today, the FDLR has even moved from being a suppletive force to a strategic ally of the Kinshasa Government. The draft agreement under the Luanda process that was supposed to be agreed on and signed during the Summit of 15th December 2024, had three security concerns clearly identified: The question of the FDLR; Rwanda defensive measures; and the question of the M23. [9] By this alone DRC violated numerous international laws among them; Hague Convention (V) on Neutrality (1907). Under Article 11; which stipulates that, a neutral Power which receives on its territory troops belonging to the belligerent armies shall intern them, as far as possible, at a distance from the theatre of war. It may keep them in camps and even confine them in fortresses or in places set apart for this purpose. It shall decide whether officers can be left at liberty on giving their parole not to leave the neutral territory without permission.[10]

The FDLR  an armed group operating primarily in the eastern Democratic Republic of Congo (DRC). Many of its members are linked to the 1994 Rwandan Genocide and fled into the DRC to escape justice. Despite being in Congolese territory, the FDLR has remained active near the Rwandan border, launching cross-border attacks and destabilizing the region. As per the Hague Convention V (1907): Neutral states (in this case, the DRC) are obligated to ensure that belligerent groups on their territory do not use it as a base for further hostilities against another state (in this case, Rwanda). Under Article 11, the DRC should have interned members of the FDLR and kept them at a distance from the Rwandan border to prevent continued attacks and violations of Rwandan sovereignty. The failure to relocate the FDLR away from the Rwandan border highlights a breach of international law by the DRC, specifically its obligations under the Hague Conventions and customary international law principles of neutrality.

Regionally, DRCongo and Rwanda have obligations to fulfil among them living side by side in harmony. On 29th March, 2022: The Democratic Republic of the Congo (DRC) joined the East African Community (EAC) becoming its 7th Partner State. Upon ascension to The Treaty establishing the East African Community and depositing of the instrument of acceptance with the Secretary-General, DRC joined EAC’s cooperation in all the sectors, programmes and activities that promote the four pillars of EAC Integration. By ollaborating in these areas this helps to achieve the Community’s objectives as set out in Article 5 of the EAC Treaty. [11] The Republic of Rwanda acceded to the EAC Treaty on 18 June, 2007 and became full Members of the Community with effect from 1 July, 2007.[12] The EAC Treaty, in article 6 on  fundamental Principles of the Community paragraph 2 stipulates that; the fundamental principles that shall govern the achievement of the objectives of the Community by the Partner States shall include; among them; peaceful co-existence and good neighborliness. Acording to this article of the EAC Treaty of which DRCongo is signatory party, gives the DRCongo the obligation in the international law to respect the fact that it should live peacefully in co-existence and good neighborliness with Rwanda.

 The DRCongo seems again to forget this. As a matter of a fact, during an EALA[13] session in November 2023, Congolese representatives decided to boycott the parliamentary sitting, breaking all established protocols. The Congolese representatives annoyed their colleagues by alleging that Rwanda was attacking their country, an issue that was not on the House’s agenda, and therefore trying to divert attention from their unpaid annual contribution. Kinshasa failed to meet its financial obligations in terms of funding the EAC as required, thereby thwarting the implementation of planned activities and programmes. Each country is supposed to contribute $7.3 million, annually, to the EAC budget, with the rest being sourced from development partners. While Kinshasa has failed to financially contribute Congolese lawmakers in EALA receive their full salaries and allowances from the contributions made by other countries. Congolese lawmaker Evariste Kalala claimed that Rwanda is attacking the DRC and stealing its mineral resources.  Kalala’s was trying to show that DRC is unable to remit its contribution, since Rwanda is stealing its minerals. He threatened that the DRC might leave the bloc. This alone violated article 12 paragraph 4 of the EAC Treaty which stipulates that; The budget of the Community shall be funded by equal contributions by the Partner States and receipts from regional and international donations and any other sources as may be determined by the Council.[14]

Pacta sunt servanda[15] in international law is arguably the oldest principle of international law. Without such a rule, no international agreement would be binding or enforceable. Pacta sunt servanda is directly referred to in many international agreements governing treaties, including the EAC Treaty, among other. Congolese lawyers when they are helping their country drafting legal instruments of ratification, I’m sure that they keep in mind this principle. The question is either them or by the influence of their politicians how comes do they end up not fulfilling their obligations and choose the way of scapegoating their problems to other countries Rwanda included?

In the communiqué on the Signing of the Treaty of Accession of the Democratic Republic of Congo to the Treaty for the Establishment of the East Africa Commun, his excellency president Félix Antoine Tshisekedi Tshilombo, appreciated the decision of the summit to admit the Democratic Republic of Congo into the East African Community. Additionally; he observed that, the Democratic Republic of Congo’s admission into the East African Community was the fulfilment of dreams held by country’s ancestors more than sixty years ago. Adding that it marked a decisive shift in the country’s foreign and economic policy.[16] This leaves a question, how comes a country with this seemingly good intentions ended up not fulfilling its obligations among them; good neighborliness under the international treaties they entered into?

On the continental level; according to the Constitutive Act of African Union African Union, article 3 paragraph one stipulates that; The objectives of the Union shall be to; achieve greater unity and solidarity between the African countries and the peoples of Africa; also paragraph 6 of the same article stipulates that; the objective of the union is to promote peace, security, and stability on the continent.[17] This also bring us back to the idea of reminding the DRCongo of respecting the international instruments it agreed to be part of and stop scapegoating its problems to Rwanda. Rwanda always seeks to resolve any misunderstandings with its neighbors as it committed to upholding the principle of rule of law.

 

Conclusion

The Democratic Republic of the Congo's recurring accusations against Rwanda expose a troubling pattern of neglecting its international legal obligations while scapegoating its internal challenges on external actors. By failing to prioritize dialogue, collaboration, and adherence to regional and international treaties, the DRC undermines its credibility as a member of the United Nations, the East African Community, and the African Union. Rwanda, in contrast, has consistently sought amicable solutions and upheld its commitments to international law. If sustainable peace and stability in the region are to be achieved, the DRC must abandon baseless accusations, honor its legal commitments, and engage in genuine efforts to resolve its internal challenges through regional mechanisms and peaceful diplomacy.


[7] IDEM

[14] EAC Treaty article 12 paragraph 4

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