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Core Purpose

Order under Section 2 of the United Nations (Security Council) Act, 1947 further amending the Implementation of the United Nations Security Council Resolutions on Democratic Republic of Congo Order, 2016, to add six individuals to the sanctions list.

Detailed Summary

The Ministry of External Affairs, vide S.O. 1894(E) dated 3 May 2024, in exercise of powers under Section 2 of the United Nations (Security Council) Act, 1947 (43 of 1947), made the Implementation of the United Nations Security Council Resolutions on Democratic Republic of Congo (Second Amendment) Order, 2024, which amends the Implementation of the United Nations Security Council Resolutions on Democratic Republic of Congo Order, 2016 by inserting six new entries (CDi.039 to CDi.044) in the 'A. Individuals' section of Annexure 2 of the Schedule, listed pursuant to UN Security Council resolutions 2293(2016), 2688(2023) and 2641(2022): Apollinaire Hakizimana, described as Lieutenant General and Commissioner for Defence of FDLR-FOCA; Ahmad Mahmood Hassan, a senior leader of the Allied Democratic Forces (ADF); Michel Rukunda (alias Makanika), commander of the armed group Twirwaneho; Mohamed Ali Nkalubo, an ADF senior leader for operations and propaganda; William Amuri Yakutumba, founder/leader of Mai-Mai Yakutumba and former CNPSC secretary general; and Willy Ngoma, military spokesperson for M23; each entry records the individual's designation, nationality, and the specific UNSC resolution paragraphs under which they are listed, generally relating to leadership of armed groups implicated in obstructing disarmament processes and human rights violations in the DRC; the principal 2016 order was originally published vide S.O. 2874(E) dated 5 September 2016 and last amended vide S.O. 95(E) dated 9 January 2024; signed by Eenam Gambhir, Joint Secretary.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-03052024-254027 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 1802] NEW DELHI, FRIDAY, MAY 3, 2024/VAISAKHA 13, 1946 2869 GI/2024 (1) MINISTRY OF EXTERNAL AFFAIRS ORDER New Delhi, the 3rd May, 2024 S.O 1894 (E). In exercise of the powers conferred by section 2 of the United Nations (Security Council) Act, 1947 (43 of 1947), the Central Government hereby makes the following Order further to amend the Implementation of the United Nations Security Council Resolutions on Democratic Republic of Congo Order, 2016, namely: 1. (1) This Order may be called the Implementation of the United Nations Security Council Resolutions on Democratic Republic of Congo (Second Amendment) Order, 2024. (2) It shall come into force on the date of its publication in the Official Gazette. 2. In the Implementation of the United Nations Security Council Resolution on Democratic Republic of Congo Order, 2016, in the Schedule, in Annexure 2, under the heading “A Individuals", after the entry CDi. 038, the following entries shall be inserted, namely:- "CDi.039 Name: APOLLINAIRE 2: HAKIZIMANA 3: na 4: na Title: na Designation: a) Lieutenant General b) Commissioner for Defense for the Forces Déocratiques de Libération du Rwanda - Forces Combattantes Abacunguzi (FDLR-FOCA) DOB: 1964 POB: na Good quality a.k.a: AMIKWE LEPIC Low quality a.k.a: a) LE POÈTE b) ADONIA Nationality: Rwanda Passport no: na National identification no: na Address: na Listed on: 20 Feb. 2024Other information: Listed pursuant to paragraphs 7 (b), 7 (e) and 7 (h) of resolution 2293 (2016) as “being political and military leaders of foreign armed groups operating in the DRC who impede the disarmament and the voluntary repatriation or resettlement of combatants belonging to those groups"; "planning, directing, or committing acts in the DRC that constitute human rights violations or abuses or violations of international humanitarian law, as applicable, including those acts involving the targeting of civilians, including killing and maiming, rape and other sexual violence, abduction, forced displacement, and attacks on schools and hospitals"; and "acting on behalf of or at the direction of a designated individual or entity, or acting on behalf of or at the direction of an entity owned or controlled by a designated individual or entity," as extended by resolution 2688 (2023). As a military leader of FDLR, APOLLINAIRE HAKIZIMANA is involved in promulgating and supporting the group's activities. CDi.040Name: 1: AHMAD 2: MAHMOOD 3: HASSAN 4: na Title: na Designation: a) Lieutenant general b) Senior leader of the Allied Democratic Forces (ADF) (CDe.001) DOB: a) 21 Jul. 1997 b) 1993 POB: na Good quality a.k.a: a) AHMED MAHAMUD HASSAN ALIYANI b) AHMAD MAHMOUD HASSAN c) AHMAD MAHAMOOD HASSAN d) AHMED MAHMOUD HASSAN Low quality a.k.a: a) ABU WAQAS b) SAINT JOYAGE c) JUNDI d) ABWAKASI e) ABUWAKAS f) MURABU g) MARABOU h) MWARABU i) LEBLANC Nationality: United Republic of Tanzania Passport no: a) United Republic of Tanzania AB850901 expires 11 Dec. 2026 b) United Republic of Tanzania AB187304 (Expired 28 Nov. 2016) National identification no: na Address: Democratic Republic of the Congo, Listed on: 20 Feb. 2024Other information: Listed pursuant to paragraphs 7 (b), 7 (e), and 7 (h) of resolution 2293 (2016) and paragraph 3 of resolution 2641 (2022): "being political and military leaders of foreign armed groups operating in the DRC who impede the disarmament and the voluntary repatriation or resettlement of combatants belonging to those groups", "planning, directing, or committing acts in the DRC that constitute human rights violations or abuses or violations of international humanitarian law, as applicable, including those acts involving the targeting of civilians, including killing and maiming, rape and other sexual violence, abduction, forced displacement, and attacks on schools and hospitals", "acting on behalf of or at the direction of a designated individual or entity, or acting on behalf of or at the direction of an entity owned or controlled by a designated individual or entity", and "involve[d] in the production, manufacture or use in the DRC of improvised explosive devices, or in the commission, planning, ordering, aiding, abetting or otherwise assistance of attacks in the DRC with improvised explosive devices". INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/How-we-work/Notices/View-UN-Notices-Individuals. CDi.041Name: 1: MICHEL 2: RUKUNDA 3: na 4: na Title: na Designation: Commander and military leader of the armed group Twirwaneho DOB: 12 Sep. 1974 РОВ: Minembwe, South Kivu, Democratic Republic of the Congo, Good quality a.k.a: na Low quality a.k.a: MAKANIKA Nationality: Democratic Republic of the Congo Passport no: na National identification no: na Address: Democratic Republic of the Congo, Listed on: 20 Feb. 2024Other information: Listed pursuant to paragraph 7 (c), 7 (d), and 7 (e) of resolution 2293 (2016) as "being political and military leaders of Congolese militias, including those receiving support from outside the DRC, who impede the participation of their combatants in disarmament, demobilization and reintegration processes”; “recruiting or using children in armed conflict in the DRC in violation of applicable international law”; “planning, directing, or committing acts in the DRC that constitute human rights violations or abuses or violations of international humanitarian law, as applicable, including those acts involving the targeting of civilians, including killing and maiming, rape and other sexual violence, abduction, forced displacement, and attacks on schools and hospitals" and "acting on behalf of or at the direction of a designated individual or entity, or acting on behalf of or at the direction of an entity owned or controlled by a designated individual or entity", as extended by resolution 2688 (2023). As a military leader of an armed Congolese militia, MICHEL RUKUNDA is involved in promulgating and supporting the group's activities. CDi.042 Name: MOHAMED 2: ALI 3: NKALUBO 4: na Title: na Designation: Allied Democratic Forces (ADF) senior leader for operations/organization/support, and also communication and propaganda DOB: a) 1987 b) 1988 c) 1991 d) 1992 e) 1993 POB: Kampala, Uganda, Good quality a.k.a: a) MEDDIE NKALUBO b) MEDDIE LEE Low quality a.k.a: a) KASIBANTE b) ABOU SHAUKAN c) DEFENDER d) PUNNY BOY e) ABUL JIHAD f) ABU SHAUKAN g) PUNISHER Nationality: Uganda Passport no: na National identification no: na Address: Democratic Republic of the Congo, Listed on: 20 Feb. 2024Other information: Listed pursuant to paragraphs 7 (b), 7 (d), 7 (e), and 7 (h) of resolution 2293 (2016) as "being political and military leaders of foreign armed groups operating in the DRC who impede the disarmament and the voluntary repatriation or resettlement of combatants belonging to those groups; “recruiting or using children in armed conflict in the DRC in violation of applicable international law; “planning, directing, committing acts in the DRC that constitute human rights violations or abuses or violations of international humanitarian law, as applicable, including those acts involving the targeting of civilians, including killing and maiming, rape and other sexual violence, abduction, forced displacement, and attacks on schools and hospitals"; and "acting on behalf of or at the direction of a designated individual or entity, or acting on behalf of or at the direction of an entity owned or controlled by a designated individual or entity", as reaffirmed by paragraph 2 of resolution 2688 (2023). As a leader of ADF (CDe.001), MOHAMED ALI NKALUBO is involved in planning, promulgating and supporting the armed group's activities. He has effective command and control over the group's combatants. CDi.043 WILLIAM Name: 2: AMURI 3: YAKUTUMBA 4: na Title: na Designation: a) Secretary General and leader for the Coalition nationale du people pour la souveraineté du Congo (CNPSC) (until February 2023) b) founder and leader for MAI-MAI YAKUTUMBA, DOB: a) 1970 b) 1972 POB: Lunbondja, Fizi Territory, South Kivu, Democratic Republic of the Congo, Good quality a.k.a: YAKUTUMBA Low quality a.k.a: na Nationality: Democratic Republic of the Congo Passport no: na National identification no: na Address: na Listed on: 20 Feb. 2024Other information: Listed pursuant to paragraphs 7 (c), 7 (d), 7 (e) and 7 (g) of resolution 2293 (2016) as "being political and military leaders of Congolese militias, including those receiving support from outside the DRC, who impede the participation of their combatants in disarmament, demobilization and reintegration processes;” “recruiting or using children in armed conflict in the DRC in violation of applicable international law;” “planning, directing, committing acts in the DRC that constitute human rights violations or abuses or violations of international humanitarian law, as applicable, including those acts involving the targeting of civilians, including killing and maiming, rape and other sexual violence, abduction, forced displacement, and attacks on schools and hospitals;" and "supporting individuals or entities, including armed groups or criminal networks, involved in destabilizing activities in the DRC through the illicit exploitation or trade of natural resources, including gold or wildlife as well as wildlife products", as reaffirmed by paragraph 2 of resolution 2688 (2023). As the leader of the MAI MAI YAKUTUMBA, one of the largest CNPSC militia, WILLIAM AMURI YAKUTUMBA is involved in planning, promulgating and supporting the militia's activities. He has effective command and control over the militia's combatants. CDi.044 Name: WILLY 2: NGOMA 3: na 4: na Title: na Designation: a) Major b) Military spokesperson for M23 DOB: 1974 POB: na Good quality a.k.a: na Low quality a.k.a: na Nationality: Democratic Republic of the Congo Passport no: na National identification no: na Address: Democratic Republic of the Congo, Listed on: 20 Feb. 2024Other information: Listed pursuant to paragraphs 7 (c), 7 (e) and 7 (h) of resolution 2293 (2016) as "being political and military leaders of Congolese militias, including those receiving support from outside the DRC, who impede the participation of their combatants in disarmament, demobilization and reintegration processes;” “planning, directing, committing acts in the DRC that constitute human rights violations or abuses or violations of international humanitarian law, as applicable, including those acts involving the targeting of civilians, including killing and maiming, rape and other sexual violence, abduction, forced displacement, and attacks on schools and hospitals;" and "acting on behalf of or at the direction of an entity owned or controlled by a designated individual or entity", as reaffirmed by paragraph 2 of resolution 2688 (2023). As a leader of M23 (CDe.006), WILLY NGOMA is involved in planning, promulgating and supporting the armed group's activities". [F. No. U.II/152/34/2015] EENAM GAMBHIR, Jt. Secy. Note .- The principal order was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), vide notification number S.O. 2874 (E), dated the 5th September, 2016 and lastly amended vide notification number S.O. 95 (E), dated the 9th January, 2024.

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