Country Reports on Terrorism 2012 - Democratic Republic of the Congo

Overview: There was no credible evidence to indicate a significant presence of al-Qa'ida (AQ)-affiliated groups in the Democratic Republic of the Congo (DRC). The DRC is a vast country bordered by nine neighbors. The Government of the DRC lacked complete control over some areas of its territory, especially in the east where numerous armed groups operated with impunity and had very limited capacity to monitor and disrupt potential terrorist threats. Starting in April 2012, the rebellion of the newly formed M23 armed group in North Kivu against the Government of the DRC and the armed forces (FARDC) required the complete military and political attention of the government and the UN Organization Stabilization Mission in the DRC (MONUSCO), as FARDC and peacekeeping forces were redeployed in vast numbers to North Kivu. The resulting vacuum of authority and lack of security forces in areas not under M23 control allowed multiple other armed groups greater freedom of action to expand their territory and retake the offensive against traditional rivals in land disputes.

Counterterrorism was not a priority issue for the government. There were ongoing efforts by the International Conference of the Great Lakes Region (ICGLR), the AU, and the UN to bring stability to eastern DRC and the region. Steps to counter activities of the Democratic Forces for the Liberation of Rwanda (known by its French acronym, FDLR) were an element of these efforts.

The most active terrorist group in the DRC was the LRA, a rebel movement formed in Uganda in the late 1980s and early 1990s which continues to operate and find safe haven in the northeastern DRC along the border with South Sudan and the Central African Republic. The LRA's propensity for attacking civilians and using fear as a weapon prompted the State Department to designate the armed group as a Terrorist Exclusion List organization under section 212 of the Immigration and Nationality Act, as amended by the USA PATRIOT Act in 2001. By designating these groups, the Secretary strengthened the United States ability to exclude supporters of terrorism from the United States or to deport them if they are found within U.S. borders. In 2008, the U.S. Department of State designated Joseph Kony, the leader of the LRA, pursuant to Executive Order 13224, as a "Specially Designated Global Terrorist." Despite an ICC arrest warrant for crimes against humanity and U.S.-supported, regionally-led anti-LRA operations, Kony and much of his cadre remain at large in the DRC and the region. In 2012, most LRA activities were restricted to Orientale Province.

The ADF/NALU is made up of Ugandan opposition forces, and operates in North Kivu province. The Ugandan government asserts that the ADF/NALU constitutes an Islamist armed group with potential ties to AQ. However, these alleged links have not been substantiated. The ADF/NALU remained an active security threat to the population of North Kivu, in part due to the increased instability caused by the M23 rebellion. (M23 leadership had been sanctioned by the U.S. Department of Treasury for its abuses in the eastern DRC and its leader was wanted by the International Criminal Court.)

2012 Terrorist Incidents: The year witnessed 162 attacks by the LRA, FDLR, and ADF; 22 people were killed and 131 were abducted.

Legislation and Law Enforcement: The DRC has no comprehensive counterterrorism legislation, but a 2001 presidential decree established a National Committee for the Coordination of Anti-International Terrorism within a counterterrorism office in its Ministry of Interior. Yet, the DRC government has made statements indicating that denying safe haven to the LRA remains a matter of great importance. The DRC government has supported international efforts to eradicate the LRA in the DRC, and made some progress on its border security management program. In collaboration with the Organization for International Migration (IOM), the Government of the DRC established national and provincial oversight committees to further develop the program's implementation. The Congolese National Police was equipped with biometrics, and the Director General of Migration established a personal identification and recognition system, developed by IOM, that was used at eight strategic border posts.

Additionally, the United States has worked with the FARDC and the Ugandan People's Defense Forces to bolster regional capacity for anti-LRA operations.

Countering Terrorist Finance: The DRC has anti-money laundering/combating the financing of terrorism legislation and a Financial Intelligence Unit (CENAREF). The DRC is not a member of any Financial Action Task Force-style regional bodies. There were no legal restrictions in the DRC prohibiting the sharing of financial account information with foreign entities. CENAREF occasionally shared information with the United States on money laundering and terrorist financing cases, and in 2012 expressed interest in signing a memo of understanding with the Financial Crimes Enforcement Network, FINCEN, to increase bilateral cooperation. In 2011, the DRC signed a mutual assistance agreement with Belgium's CTIF (Cellule des Traitements des Informations Financières). At year's end, CENAREF had received 157 suspicious transaction reports, including 29 reports from banks and other financial institutions and eight from several DRC government agencies, including the National Intelligence Agency (ANR). In 2012, the Government of the DRC had one money laundering prosecution underway, but no convictions. For further information on money laundering and financial crimes, we refer you to the 2013 International Narcotics Control Strategy Report (INCSR), Volume 2, Money Laundering and Financial Crimes: http://www.state.gov/j/inl/rls/nrcrpt/index.htm.

Regional and International Cooperation: The FDLR and LRA threats have a regional impact on security. Affected countries have cooperated in the past to counter the threat and ensure regional stability. The Government of the DRC continued to cooperate with neighboring states, especially the Central African Republic, South Sudan, and Uganda under the African Union Regional Task Force framework. The DRC government provided some limited support to UN efforts against the LRA.

The DRC is a member of numerous regional organizations and has diverse cooperation agreements – with the South African Development Community, the Economic Community of the Great Lakes Countries, and the Economic Community of Central Africa – to exchange information and enhance border security. The DRC is a member of the International Conference of the Great Lakes Region and will head this organization for the next five years.