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Core Purpose

Order amending the Implementation of the United Nations Security Council Resolutions on Democratic Republic of Congo Order, 2016, to add two individuals to the sanctions list of designated persons.

Detailed Summary

The Ministry of External Affairs issued an Order, S.O. 95(E) dated 9 January 2024 (F. No. U.II/152/34/2015), under section 2 of the United Nations (Security Council) Act, 1947 (43 of 1947), titled the Implementation of the United Nations Security Council Resolutions on Democratic Republic of Congo (Amendment) Order, 2024, effective from the date of publication in the Official Gazette. It amends the Implementation of the United Nations Security Council Resolutions on Democratic Republic of Congo Order, 2016, by inserting two new entries in Annexure 2 under the heading 'A. Individuals', after entry CDi.036: CDi.037, Protogene Ruvugayimikore, described as Commander of the FDLR special unit 'Commando de recherche et d'action en profondeur' (CRAP), listed on 25 October 2023 pursuant to paragraphs 7(b), 7(e) and 7(h) of UN Security Council Resolution 2293 (2016) as reaffirmed by paragraph 2 of Resolution 2688 (2023); and CDi.038, Bernard Maheshe Byamungu, described as Brigadier General and Deputy Commander of operations and intelligence for M23, listed on 25 October 2023 pursuant to paragraphs 7(c) and 7(h) of Resolution 2293 (2016) as reaffirmed by paragraph 2 of Resolution 2688 (2023). A note states the principal order was published vide notification S.O. 2874(E) dated 5 September 2016 and last amended vide S.O. 4036(E) dated 10 November 2020. Signed by Eenam Gambhir, Joint Secretary.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-09012024-251224 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 88] NEW DELHI, TUESDAY, JANUARY 9, 2024/PAUSHA 19, 1945 MINISTRY OF EXTERNAL AFFAIRS ORDER New Delhi, the 9th January, 2024 S.O. 95(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 to amend the Implementation of the United Nations Security Council Resolutions on Democratic Republic of Congo Order, 2016, namely: 1. Short title and commencement.- (1) This Order may be called the Implementation of the United Nations Security Council Resolutions on Democratic Republic of Congo (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. 036, the following entries shall be inserted, namely: CDi. 037 Name: 1: PROTOGÈNE 2: RUVUGAYIMIKORE 3: na 4: na Title: na Designation: Commander of the FDLR special unit "Commando de recherche et d'action en profondeur" (CRAP) (now called Maccabe) DOB: a) 1968 b) 1969 c) 1970 POB: a) Karandaryi Cell, Mwiyanike Sector, Karago Commune, Gisenyi Prefecture, Rwanda b) Nyabihu District, Western Province, Rwanda Good quality a.k.a: a) RUHINDA b) GABY RUHINDA c) ZORRO MIDENDE Low quality a.k.a: GATOKARAKURA Nationality: Rwanda Passport no: na National identification no: na Address:Nyiragongo, North Kivu, Democratic Republic of the Congo Listed on: 25 Oct. 2023 Other 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"; "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 FDLR (CDe.005), he has effective command and control over the group's combatants.; CDi. 038 Name:1: BERNARD 2: MAHESHE 3: BYAMUNGU 4: na Title: na Designation: a) Brigadier General b) Deputy Commander of operations and intelligence for M23 DOB: 10 Oct. 1974 POB: Democratic Republic of the Congo Good quality a.k.a: na Low quality a.k.a: TIGER ONE Nationality: Democratic Republic of the Congo Passport no: na National identification no: na Address: Democratic Republic of the Congo Listed on: 25 Oct. 2023 Other information: Listed pursuant to paragraphs 7 (c) and 7 (h) of resolution 2293 (2016) as “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" 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 M23 (CDe.006), he is involved in promulgating and supporting the armed group's activities. He was promoted in January 2023 to Brigadier for the Congolese Revolutionary Army, the M23 armed branch. He was then appointed chief of staff and deputy to SULTANI MAKENGA (CDi.008), and has validated the planning for every M23 operations in DRC since then. A warrant has been issued by Congolese authorities for his arrest.". [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. 4036 (E), dated the 10th November, 2020. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054. MANOJ KUMAR Digitally signed by VERMA MANOJ KUMAR VERMA Date: 2024.01.09 19:39:44 +0530

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