HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 352/50
EN
Official Journal of the European Union
21.12.2012
COUNCIL DECISION 2012/811/CFSP
of 20 December 2012
amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic
of the Congo
THE COUNCIL OF THE EUROPEAN UNION,
and the voluntary repatriation or resettlement of
combatants belonging to those groups,
Having regard to the Treaty on European Union, and in
particular Article 29 thereof,
— political and military leaders of Congolese militias
receiving support from outside the DRC, who impede
Whereas:
the participation of their combatants in disarmament,
demobilisation and reintegration processes,
(1) On
20
December
2010,
the
Council
adopted
Decision
2010/788/CFSP ( 1 ) imposing restrictive measures against
the Democratic Republic of the Congo.
— political and military leaders operating in the DRC and

recruiting or using children in armed conflict contrary
to applicable international law,
(2) United
Nations
Security
Council
Resolution
(UNSCR)
2078 (2012) of 28 November 2012 amended the
criteria for the designation of persons and entities to
— individuals or entities operating in the DRC and
be subject to the restrictive measures set out in para
committing serious violations involving the targeting
graphs 9 and 11 of UNSCR 1807 (2008).
of children or women in situations of armed conflict,
including killing and maiming, sexual violence,
abduction, and forced displacement,
(3) UNSCR
2078
(2012)
also
added
a
further
exemption
to
the measures set out in paragraph 9 of UNSCR 1807
(2008).
— individuals or entities obstructing the access to or the
distribution of humanitarian assistance in the eastern
(4) On
12
and
30
November
2012,
the
Sanctions
part of the DRC,
Committee established pursuant to UNSCR 1533
(2004) added additional persons to the list of persons
and entities subject to restrictive measures.
— individuals or entities illegally supporting armed groups
in the eastern part of the DRC through illicit trade of
natural resources, including gold,
(5) Decision
2010/788/CFSP
should
be
amended
accord
ingly,
— individuals or entities acting on behalf of or at the
HAS ADOPTED THIS DECISION:
direction of a designated individual or entity owned or
controlled by a designated individual,
Article 1
Decision 2010/788/CFSP is hereby amended as follows:
— individuals or entities who plan, sponsor or participate
in attacks against peacekeepers of the United Nations
Organization Stabilization Mission in the DRC (MON
(1) Article 3 is replaced by the following:
USCO).
‘Article 3
The relevant persons and entities are listed in the Annex.’;
Restrictive measures as provided for in Articles 4(1) and
5(1) and (2) shall be imposed against the following
persons and, as appropriate, entities, designated by the
Sanctions Committee:
(2) in Article 4(3) the following phrase is added after point (c):
— persons or entities acting in violation of the arms
‘or where such entry or transit is necessary for the
embargo and related measures as referred to in
fulfilment of judicial process.’.
Article 1,
— political and military leaders of foreign armed groups
Article 2
operating in the DRC who impede the disarmament
The persons listed in the Annex to this Decision shall be added
to the list of persons set out in the Annex to Decision
( 1 ) OJ L 336, 21.12.2010, p. 30.
2010/788/CFSP.

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EN
21.12.2012 Official
Journal
of
the
European
Union L
352/51
Article 3
This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.
Done at Brussels, 20 December 2012.
For the Council
The President
E. FLOURENTZOU

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L 352/52
ANNEX
PERSONS REFERRED TO IN ARTICLE 2
Name Alias
Date of birth/place of birth Identifying
information Reasons Date
of
designation
EN
MAKENGA, Sultani Colonel
Sultani 25 December 1973
Congolese
Sultani Makenga is a military leader of the Mouvement du 23 Mars (M23) group
12.11.2012

Makenga
operating in the Democratic Republic of the Congo (DRC). As a leader of M23
Rutshuru, Democratic
A military leader of
(also known as the Congolese Revolutionary Army), Sultani Makenga has
Emmanuel Sultani
Republic of Congo
the Mouvement du 23 committed and is responsible for serious violations of international law
Makenga
Mars (M23) group
involving the targeting of women and children in situations of armed conflict,
operating in the
including killing and maiming, sexual violence, abduction, and forced
Democratic Republic
displacement. He has also been responsible for violations of international law
of the Congo.
related to M23’s actions in recruiting or using children in armed conflict in the
DRC. Under the command of Sultani Makenga, M23 has carried out extensive
atrocities against the civilian population of the DRC.
Off
According to testimonies and reports, the militants operating under the
icial
command of Sultani Makenga have conducted rapes throughout Rutshuru
Jour
territory against women and children, some of whom have been as young as
8 years old, as part of a policy to consolidate control in Rutshuru territory.
nal
Under Makenga’s command, M23 has conducted extensive forced recruitment
of
campaigns of children in the DRC and in the region, as well as killing, maiming,
and injuring scores of children. Many of the forced child recruits have been
the
under the age of 15. Makenga has also been reported to be the recipient of
European
arms and related materiel in violation of measures taken by the DRC to
implement the arms embargo, including domestic ordinances on the importing
and possession of arms and related materiel. Makenga’s actions as the leader of
M23 have included serious violations of international law and atrocities against
Union
the civilian population of the DRC, and have aggravated the conditions of
insecurity, displacement, and conflict in the region.
NGARUYE WA
Colonel Baudoin
1978,
Military leader of the In April 2012, Ngaruye commanded the ex-CNDP mutiny, known as the
30.11.2012
MYAMURO, Baudoin
NGARUYE
Mouvement du 23
Mouvement du 23 Mars (M23), under the orders of General Ntaganda. He is
Lusamambo, Lubero
Mars (M23)
currently the third highest ranking military commander within the M23. The
territory, Democratic
Group of experts on the DRC previously recommended him for designation in
Republic of the Congo.
FARDC ID:
2008 and 2009. He is responsible for and has committed severe violations of
1-78-09-44621-80
human rights and international law. He recruited and trained hundreds of
children between 2008 and 2009 and then towards the end of 2010 for the
M23. He has committed killing, maiming and abductions, often targeting
women. He is responsible for executions and torture of deserters within the
M23. In 2009 within the FARDC, he gave the orders to kill all men in Shalio
village of Walikale. He also provided weapons, munitions and salaries in Masisi
and Walikale under the direct orders from Ntaganda. In 2010 he orchestrated
the forced displacement and expropriation of populations in the area of Lukopfu.
21.12.2012
He has also been extensively involved in criminal networks within the FARDC
deriving profits from the mineral trade which led to tensions and violence with
Colonel Innocent Zimurinda in 2011.

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21.12.2012 Off
Name Alias
Date of birth/place of birth Identifying
information Reasons Date
of
designation
KAINA, Innocent Colonel
Innocent Bunagana, Rutshuru
Innocent Kaina is currently a Sector commander in the Mouvement du 23 Mars
30.11.2012
KAINA
territory, Democratic
(M23). He is responsible for and has committed serious violations of inter
Republic of the Congo
national law and human rights. In July 2007 the Garrison Military Tribunal of
“India Queen”
Kinshasa found Kaina responsible for crime against humanity committed in the
District of Ituri, between May 2003 and December 2005. He was released in
2009 as part of the peace agreement between the Congolese government and the
EN
CNDP. Within the FARDC in 2009, he has been guilty of executions, abductions

and maiming in Masisi territory. As Commander under the orders of General
Ntaganda, he initiated the ex-CNDP mutiny in Rutshuru territory in April 2012.
He ensured the security of the mutineers out of Masisi. Between May and August
2012, he oversaw the recruitment and training of over 150 children for the M23
rebellion, shooting the boys who had tried to escape. In July 2012 he travelled
to Berunda and Degho for mobilization and recruitment activities for the M23.
icial
Jour
nal
of
the
European
Union
L
352/53

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