Ethnic Violence, Governance Failures, and the Quest for Justice in Eastern Democratic Republic of Congo
Geneva, March 4th, 2026
By Jean Paul Shaka, Esq., Senior Advisor, AFC/M23
For over two decades, eastern Democratic Republic of Congo (DRC) has experienced persistent violence, mass displacement, and grave human rights violations. Based on five years of legal work representing victims from the Banyamulenge, Bahema, and other communities in South Kivu, North Kivu, and Ituri, this paper highlights patterns of ethnic persecution, mass atrocities, and systemic impunity. Despite extensive testimonies collected from victims and survivors and multiple legal complaints filed domestically and internationally, Congolese judicial authorities have failed to investigate these crimes. The paper argues that the crisis in eastern DRC is driven less by foreign interference than by entrenched ethnic discrimination, political manipulation of militias, and governance failures. It further questions the impartiality of international accountability mechanisms that narrowly focus on specific actors while ignoring broader patterns of violence.
Introduction
Between 2019 and 2024, a legal team composed of lawyers from several countries documented testimonies from victims of mass atrocities in eastern DRC. Hundreds of hours of interviews with survivors revealed widespread killings, torture, sexual violence, and forced displacement affecting primarily the Banyamulenge and Bahema communities. Legal complaints were submitted to the Congolese public prosecutor and to international jurisdictions, including Belgium and the International Criminal Court. However, none of these cases have been investigated by Congolese authorities, highlighting a persistent climate of impunity.
Patterns of Violence Against Civilians
Testimonies collected from victims describe extreme brutality by armed groups and militias operating in eastern DRC. In South Kivu, Banyamulenge villages were largely destroyed by Mai-Mai militias reportedly supported by elements of the Congolese and Burundian armies. Thousands were killed, and most of the population was displaced to neighboring countries such as Burundi, Rwanda, Uganda, and Kenya.
In Ituri province, the CODECO militia carried out attacks on Bahema villages and internally displaced persons camps, resulting in thousands of deaths. Reports describe sexual violence, mutilation of victims, burning of homes, and systematic attacks on civilians.
In North Kivu, victims reported abuses by government forces and allied militias such as Nyatura and the FDLR. Some injured civilians were allegedly denied medical treatment in hospitals due to their ethnic identity, further illustrating patterns of discrimination against Kinyarwanda-speaking communities.
Political Narratives and Ethnic Tensions
The Congolese government has frequently attributed the conflict in eastern DRC to foreign interference and the alleged desire of neighboring countries to exploit mineral resources. However, evidence collected from victim testimonies suggests that the violence is largely rooted in politically manipulated ethnic tensions.
Government officials and media figures have allegedly contributed to campaigns of hate speech targeting Kinyarwanda-speaking Congolese populations, particularly those perceived as Tutsi. Armed groups known as “Wazalendo,” described as local patriots, have reportedly been supported by the government and deployed alongside national forces, contributing to further violence against targeted communities.
Governance Failures and the Emergence of Armed Movements
Long-standing discrimination, insecurity, and the inability of displaced communities to return home have contributed to the emergence of armed movements such as AFC/M23. Many members reportedly spent decades in refugee camps and previously served in the Congolese national army before leaving due to persecution or lack of protection for their communities.
From this perspective, AFC/M23 is presented not as the root cause of the conflict but as a consequence of structural governance failures and systemic discrimination against certain ethnic groups.
Concerns Regarding International Accountability Mechanisms
Recent resolutions by the United Nations Human Rights Council established a Commission of Inquiry into violations of international law in North and South Kivu. While accountability mechanisms are essential for justice, concerns have been raised about the perceived lack of impartiality in these initiatives.
Critics argue that the mandate and framing of the Commission disproportionately focus on AFC/M23 while excluding other actors such as government forces, allied militias, and armed groups operating in other provinces like Ituri. Such limitations risk politicizing justice processes and undermining comprehensive accountability.
Conclusion
The crisis in eastern DRC is characterized by systemic impunity, ethnic persecution, and deep governance failures. Victims’ testimonies reveal patterns of violence that have largely gone unaddressed by national authorities. Sustainable peace requires impartial investigations, recognition of all victims regardless of ethnicity, and accountability for all perpetrators. Without credible justice mechanisms and inclusive governance reforms, cycles of violence and mistrust are likely to persist in eastern DRC.
