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23.1.2013 Official
Journal
of
the
European
Union L
20/65
COUNCIL IMPLEMENTING DECISION 2013/46/CFSP
of 22 January 2013
implementing Decision 2010/788/CFSP concerning restrictive measures against the Democratic
Republic of the Congo
THE COUNCIL OF THE EUROPEAN UNION,
(3) The
Annex
to
Decision
2010/788/CFSP
should
therefore
be updated accordingly,
Having regard to the Treaty on European Union, and in
particular Article 31(2) thereof,
HAS ADOPTED THIS DECISION:
Having regard to Council Decision 2010/788/CFSP of
Article 1
20 December 2010 concerning restrictive measures against
The persons and entities listed in the Annex to this Decision
the Democratic Republic of the Congo ( 1 ), and in particular
shall be added to the list set out in the Annex to Decision
Article 6 thereof,
2010/788/CFSP.
Whereas:
Article 2
This Decision shall enter into force on the date of its
(1) On
20
December
2010,
the
Council
adopted
Decision publication in the Official Journal of the European Union.
2010/788/CFSP.
(2) On
31
December
2012,
the
Security
Council
Committee
established pursuant to United Nations Security Council
Done at Brussels, 22 January 2013.
Resolution 1533 (2004) concerning the Democratic
Republic of the Congo, updated the list of persons and
For the Council
entities subject to restrictive measures imposed pursuant
to paragraphs 13 and 15 of United Nations Security
The President
Council Resolution 1596 (2005).
M. NOONAN
( 1 ) OJ L 336, 21.12.2010, p. 30.

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L 20/66
ANNEX
List of persons and entities referred to in Article 1
(a) Persons
EN
Name Alias
Date of birth/place
Identifying
of birth
information
Reasons Date
of
designation

BADEGE, Eric 1971 According
to
a
15
November
2012,
final
report
by
the
Group
of
Experts
on
the
Democratic
Republic
of
the
31.12.2012
Congo, ‘… LTL. Col. Eric Badege had become the focal point of M23 in Masisi and commanded joint
operations …’ with another military leader. Additionally, ‘a series of coordinated attacks carried out in
August [2012] by LTL. Col. Badege … enabled M23 to destabilize a considerable part of Masisi territory.’
‘According to former combatants, LTL Col. Badege … acted under the orders of Col. Makenga when he
orchestrated the attacks.’
As a military commander of M23, Badege is responsible for serious violations involving the targeting of
Off
children or women in situations of armed conflict. According to the November 2012 Group of Experts
icial
report, there have been several major incidents of indiscriminate killings of civilians, including women and
children. Since May 2012 Raia Mutomboki, under the command of M23, have killed hundreds of civilians in a
Jour
series of coordinated attacks. In August, Badege carried out joint attacks which involved the indiscriminate
nal
killing of civilians. The November Group of Experts report states that these attacks were jointly orchestrated by
Badege and Colonel Makoma Semivumbi Jacques. According to the Group of Experts Report, local leaders from
of
Masisi stated that Badege commanded these Raia Mutomboki attacks on the ground.
the
European
According to a 28 July 2012, Radio Okapi article, ‘the administrator of Masisi announced this Saturday, 28
July, the defection of the commander of the 2nd Battalion of the 410th Regiment FARDC base Nabiondo,
about thirty kilometres northwest of Goma in North Kivu. According to him, Colonel Eric Badege and more
than a hundred soldiers headed Friday to Rubaya, 80 kilometres north of Nabiondo. This information has been
Union
confirmed by several sources.’
According to a 23 November 2012 BBC article, M23 was formed when former members of the CNDP who
had been integrated into the FARDC began to protest against bad conditions and pay, and lack of full
implementation of the 23 March 2009 peace deal between the CNDP and the DRC that led to the CNDP’s
integration into the FARDC.
M23 has been engaged in active military operations in order to take control of territory in eastern DRC,
according to the November 2012 IPIS report. M23 and FARDC fought over control of several towns and
villages in eastern DRC on 24 July and 25 July 2012; M23 attacked the FARDC in Rumangabo on 26 July
2012; M23 drove FARDC from Kibumba on 17 November 2012; and M23 took control of Goma on
20 November 2012.
According to the November 2012 Group of Experts report, several ex-M23 combatants claim that M23 leaders
summarily executed dozens of children who attempted to escape after being recruited as M23 child soldiers.
23.1.2013
According to an 11 September 2012 report by Human Rights Watch (HRW), a Rwandan man, 18, who
escaped after being forcibly recruited in Rwanda told HRW that he witnessed the execution of a 16-year-old
boy from his M23 unit who had tried to flee in June. The boy was captured and beaten to death by M23

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23.1.2013 Off
Name Alias
Date of birth/place
Identifying
of birth
information
Reasons Date
of
designation
fighters in front of the other recruits. An M23 commander who ordered his killing then allegedly told the other
recruits ‘[h]e wanted to abandon us,’ as an explanation for why the boy had been killed. The report also states
that witnesses claimed that at least 33 new recruits and other M23 fighters were summarily executed when they
attempted to flee. Some were tied up and shot in front of other recruits as an example of the punishment they
could receive. One young recruit told HRW, ‘[w]hen we were with M23, they said [we had a choice] and could
EN
stay with them or we could die. Lots of people tried to escape. Some were found and then that was

immediately their death.’
RUNIGA, Jean-
Approximately
A 9 July 2012 document signed by M23 leader Sultani Makenga named Runiga as the coordinator of the
31.12.2012
Marie Lugerero
1960
political wing of M23. According to the document, Runiga’s appointment was prompted by the need to ensure
the visibility of the M23 cause.
Runiga is named as the ‘President’ of the M23 in postings on the group’s website. His leadership role is
corroborated by the November 2012 Group of Experts report, which refers to Runiga as the ‘leader of the
M23’.
According to a 13 December 2012 Associated Press article, Runiga showed the Associated Press a list of
demands that he said will be presented to the Congolese government. Included in the demands are the
icial
resignation of Kabila and the dissolution of the national assembly. Runiga indicated that if given the oppor
Jour
tunity, M23 could retake Goma. ‘And at this time we will not retreat,’ Runiga told the Associated Press. He also
indicated that M23’s political branch should resume its control of Goma as a precondition to negotiations. ‘I
nal
think our members who are in Kampala represent us. In due time I will be there, too. I am waiting for things
of
to be organised and when Kabila will be there, I will go, too,’ Runiga said.
the
According to a 26 November 2012 Le Figaro article, Runiga met with DRC President Kabila on 24 November
European
2012 to begin discussions. Separately, in an interview with Le Figaro, Runiga stated, ‘M23 is composed
primarily of former FARDC military members who defected to protest the non-respect of the 23 March
2009 accords.’ He added, ‘M23’s soldiers are deserters from the army who left with their arms in hand.
Recently, we recovered a lot of equipment from a military base in Bunagana. For the moment, this allows
Union
us to regain territory each day and to repel all the attacks from the FARDC … Our revolution is Congolese, led
by the Congolese, for the Congolese people.’
According to a 22 November 2012 Reuters article, Runiga stated that M23 had the capacity to hang on to
Goma after M23’s forces were bolstered by mutinying Congolese soldiers from the FARDC: ‘Firstly we have a
disciplined army, and also we have the FARDC soldiers who’ve joined us. They’re our brothers, they’ll be
retrained and recycled then we’ll work with them.’
According to a 27 November 2012 article published in The Guardian, Runiga indicated that M23 would refuse
to obey a call by regional leaders of the International Conference of the Great Lakes to leave Goma in order to
pave the way for peace talks. Instead, Runiga stated that M23’s withdrawal from Goma would be the result, not
a precondition, of negotiation.
According to the 15 November 2012 Final Report of the Group of Experts, Runiga led a delegation that
travelled to Kampala, Uganda on 29 July 2012 and finalised the M23 movement’s 21-point agenda ahead of
anticipated negotiations at the International Conference on the Great Lakes Region.
According to a 23 November 2012 BBC article, M23 was formed when former members of the CNDP who
L
had been integrated into the FARDC began to protest against bad conditions and pay, and lack of full
20/67
implementation of the 23 March 2009 peace deal between the CNDP and the DRC that led to the CNDP’s
integration into the FARDC.

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L 20/68
Name Alias
Date of birth/place
Identifying
of birth
information
Reasons Date
of
designation
M23 has been engaged in active military operations in order to take control of territory in eastern DRC,
according to the November 2012 IPIS report. M23 and FARDC fought over control of several towns and
villages in eastern DRC on 24 July and 25 July 2012; M23 attacked the FARDC in Rumangabo on 26 July
2012; M23 drove FARDC from Kibumba on 17 November 2012; and M23 took control of Goma on
20 November 2012.
EN

According to the November 2012 Group of Experts report, several ex-M23 combatants claim that M23 leaders
summarily executed dozens of children who attempted to escape after being recruited as M23 child soldiers.
According to an 11 September 2012 report by Human Rights Watch (HRW), a Rwandan man, 18, who
escaped after being forcibly recruited in Rwanda told HRW that he witnessed the execution of a 16-year-old
boy from his M23 unit who had tried to flee in June. The boy was captured and beaten to death by M23
fighters in front of the other recruits. An M23 commander who ordered his killing then allegedly told the other
recruits ‘[h]e wanted to abandon us,’ as an explanation for why the boy had been killed. The report also states
Off
that witnesses claimed that at least 33 new recruits and other M23 fighters were summarily executed when they
attempted to flee. Some were tied up and shot in front of other recruits as an example of the punishment they
icial
could receive. One young recruits told HRW, ‘[w]hen we were with M23, they said [we had a choice] and could
stay with them or we could die. Lots of people tried to escape. Some were found and then that was
Jour
immediately their death’.
nal
of
the
(b) Entities
European
Name Alias
Date of birth/place
Identifying
of birth
information
Reasons Date
of
designation
Union
Forces démocra Forces démo
Fdlr@fmx.de
The Forces démocratiques de libération du Rwanda (FDLR) is one of the largest foreign armed groups operating
31.12.2012
tiques de libération cratiques de
fldrrse@yahoo.fr in the territory of the Democratic Republic of the Congo (DRC). The group was formed in 2000, and, as
du Rwanda (FDLR) Libération du
fdlr@gmx.net
detailed below, has committed serious violations of international law involving the targeting of women and
Rwanda
Location: North children in armed conflict in the DRC, including killing and maiming, sexual violence, and forced displacement.
FDLR
and South Kivu,
Force
DRC.
According to a 2010 report from Amnesty International on Human Rights in the DRC, the FDLR were
Combattante
responsible for the killings of 96 civilians in Busurguni, Walikali territory. Some of the victims were burned
Abacunguzi
alive in their homes.
FOCA
Combatant
Force for the
Liberation of
Rwanda
According to a 2010 report from Amnesty International on Human Rights in the DRC, in June 2010, an NGO
medical centre reported around 60 cases a month of girls and women who had been raped in the southern
Lubero territory, North Kivu armed groups including the FDLR.
23.1.2013
According to a 20 December 2010 report from Human Rights Watch (HRW), there has been documented
evidence of the FDLR actively conducting child recruitment. HRW has identified at least 83 Congolese children
under the age of 18, some as young as 14, who have been forcibly recruited by the FDLR.

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23.1.2013 Off
Name Alias
Date of birth/place
Identifying
of birth
information
Reasons Date
of
designation
In January of 2012, HRW reported that FLDR combatants attacked numerous villages in the Masisi territory,
killing six civilians, raping two women, and abducting at least 48 people whose whereabouts remain unknown.
According to a June 2012 report from HRW, in May 2012 FDLR fighters attacked civilians in Kamananga and
Lumenje, in South Kivu province, as well as in Chambucha, Walikale territory, and villages in the Ufumandu
area of Masisi territory, North Kivu province. In these attacks, FDLR fighters with machetes and knives hacked
EN
to death dozens of civilians, including numerous children.

According to the June 2012 Group of Experts Report, the FDLR attacked several villages in South Kivu from
31 December 2011 to 4 January 2012. A United Nations investigation confirmed that at least 33 persons,
including 9 children and 6 women, had been killed, either burned alive, decapitated or shot during the attack.
In addition, one woman and one girl had been raped. The June 2012 Group of Experts Report also states that a
United Nations investigation confirmed that the FDLR massacred at least 14 civilians, including 5 women and
5 children in South Kivu in May 2012. According to the November 2012 Group of Experts report, the UN
documented at least 106 incidents of sexual violence committed by the FDLR between December 2011 and
September 2012. The November 2012 Group of Experts report notes that, according to a UN investigation, the
FDLR raped seven women in the night of 10 March 2012, including a minor, in Kalinganya, Kabare territory.
The FDLR attacked the village again on 10 April 2012 and raped three of the women for the second time. The
November 2012 Group of Experts report also reports 11 killings by the FDLR in Bushibwambombo, Kalehe,
icial
on 6 April 2012, and FDLR involvement in 19 further killings in Masisi territory, including five minors and six
Jour
women, in May.
nal
M23 The
Mouvement
du
23
Mars
(M23)
is
an
armed
group
operating
in
the
Democratic
Republic
of
the
Congo
31.12.2012
of
(DRC) that has been the recipient in the territory of the DRC of arms and related materiel, including advice,
training, and assistance related to military activities. Several eyewitness testimonies state that M23 receives
the
general military supplies from the Rwandan Defense Forces (RDF) in the form of weapons and ammunition in
European
addition to materiel support for combat operations.
M23 has been complicit in and responsible for committing serious violations of international law involving the
targeting of women and children in situations of armed conflict in the DRC including killing and maiming,
Union
sexual violence, abduction, and forced displacement. According to numerous reports, investigations, and testi
monies from eyewitnesses, M23 has been responsible for carrying out mass killings of civilians, as well as
raping women and children throughout various regions of the DRC. Several reports indicate that M23 fighters
have carried out 46 rapes against women and girls, the youngest of which was 8 years old. In addition to
reports of sexual violence, M23 has also carried out extensive forced recruitment campaigns of children into the
ranks of the group. It is estimated that M23 has carried out the forced recruitment of 146 young men and boys
in the Rutshuru territory alone in eastern DRC since July 2012. Some of the victims have been as young as 15
years old.
The atrocities committed by M23 against the civilian population of the DRC, as well as M23’s forced
recruitment campaign, and being the recipient of arms and military assistance has dramatically contributed
to instability and conflict within the region and in some instances, violated international law.
L
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Document Outline

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