Democratic Republic of the Congo

Democratic Republic of the Congo in 2011

United States views on international law (based on the document “Digest of U.S. Practice in International Law”): On October 5, 2011 OFAC designated one individual pursuant to Executive Order 13413, of October 27, 2006, “Blocking Property of Certain Persons Contributing to the Conflict in the Democratic Republic of the Congo.” 76 Fed. Reg. 63,347 (Oct. 12, 2011); see also 71 Fed. Reg. 64,105 (Oct. 31, 2006); World Encyclopedia of Law 2006 at 996–98. The individual was identified as Jamil Mukulu, Head of the Allied Democratic Forces. The Security Council’s DRC Sanctions Committee added Mukulu to its list of individuals and entities subject to the United Nations Security Council’s asset freeze and travel ban on October 12, 2011. See (internet link) un.org/sc/committees/1533/index.shtml. On November 30, 2011, OFAC designated another individual pursuant to E.O. 13413, Ntabo Ntaberi Sheka, Commander in Chief of the Nduma Defense of Congo, Mai Mai Sheka Group. 76 Fed. Reg. 76,219 (Dec. 6, 2011). The Security Council’s DRC Sanctions Committee added Sheka to its list of individuals and entities that are subject to the United Nations Security Council’s asset freeze and travel ban on November 28, 2011. See (internet link) un.org/sc/committees/1533/index.shtml. In a joint press release, the missions to the United Nations of France, the United Kingdom and the United States—the countries responsible for submitting Sheka’s name to the sanctions committee—provided background on his activity:

Ntabo Ntaberi Sheka, born in 1976 in Walikale Territory, Democratic Republic of the Congo, is the Commander in Chief of the political branch of the Mai-Mai Sheka, a Congolese armed group that impedes the disarmament, demobilization, or reintegration of combatants. It operates from bases in Walikale territory in eastern DRC.

The Mai-Mai Sheka group has carried out attacks on mines in eastern DRC, including taking over the Bisiye mines and extorting from locals.

Ntabo Ntaberi Sheka has also committed serious violations of international law involving the targeting of children. Ntabo Ntaberi Sheka planned and ordered a series of attacks in Walikale territory from July 30 to August 2, 2010 to punish local populations accused of collaborating with Congolese government forces. In the course of the attacks, children were abducted, raped, subjected to forced labor and other human rights abuses. The Mai-Mai Sheka militia group also forcibly recruits boys and holds children in their ranks from recruitment drives.

Press release, November 29, 2011, available at (internet link) usun.state.gov/briefing/statements/2011/177846.htm