Thomas LUBANGA

Former President of the UPC/L

N/A

Ituri, Congo (Democratic Republic of the)

Male

Congo (Democratic Republic of the)

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.L_.2020.430.01.0008.01.ENG&toc=OJ%3AL%3A2020%3A430%3ATOC

Position-based reason

Military

Thomas Lubanga was the President of the UPC/L, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), involved in the trafficking of arms, in violation of the arms embargo. According to the Office of the SRSG on Children and Armed Conflict, he was responsible for recruitment and use of children in Ituri from 2002 to 2003. He was arrested in Kinshasa in March 2005 for UPC/L involvement in human rights abuses violations and transferred to the ICC by the DRC authorities on 17 March 2006. He was convicted by the ICC in March 2012 and sentenced to 14 years in prison. On 1 December 2014, ICC appeals judges upheld the conviction and sentence. He was transferred to a prison facility in the DRC on 19 December 2015 to serve out his sentence of imprisonment.

EU

2020/2133 (OJ L430)

(Date of UN designation: 2005-11-01)

2020-12-18

EU

Restrictive measures in view of the situation in the Democratic Republic of the Congo

UN, EU country specific

Democratic Republic of the Congo

Asset freeze and prohibition to make funds available, Prohibition to satisfy claims, Restrictions on admission

- All assets of the listed persons and entities should be frozen. It is also prohibited to make any funds or assets directly or indirectly available to them. - It is prohibited to satisfy claims made by the persons listed in Council Regulation (EC) No 1183/2005 in connection with any contract or transaction the performance of which has been affected by the measures imposed by the same regulation. - Member States shall enforce travel restrictions on persons listed in Annex I and II of Council Decision 2010/788/CFSP.

On 7 April 1993 the EU decided to impose an arms embargo on Zaire (now the Democratic Republic of Congo, the DRC). On 28 July 2003, the UN Security Council adopted Resolution 1493 (2003) imposing an arms embargo against the DRC. On 18 April 2005, the UN Security Council adopted Resolution 1596 (2005) imposing also targeted restrictive measures. On 21 December 2005, the UN Security Council adopted Resolution 1649 (2005) extending restrictive measures to 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, and to political and military leaders of Congolese militias receiving support from outside the DRC and in particular those operating in Ituri, who impede the participation of their combatants in disarmament, demobilisation and reintegration processes. On 31 July 2006, the UN Security Council adopted Resolution 1698 (2006) extending restrictive measures to political and military leaders recruiting or using children in armed conflict in violation of applicable international law and to individuals committing serious violations of international law involving the targeting of children in situations of armed conflict, including killing and maiming, sexual violence, abduction and forced displacement. On 17 October 2016, the EU expressed its deep concern at the political situation in the DRC. It strongly condemned the acts of extreme violence that took place on 19 and 20 September 2016 in Kinshasa, noting that those acts further exacerbated the deadlock in the country due to the failure to call the presidential elections by the constitutional deadline of 20 December 2016. The EU stressed that, in order to create a climate conducive to dialogue and the holding of elections, the Government of the DRC must clearly commit to ensuring that human rights and the rule of law are respected and must cease all use of the justice system as a political tool. It also called on all stakeholders to reject the use of violence. The EU adopted targeted measures against those responsible for serious human rights violations, those who promote violence and those who try to obstruct a consensual and peaceful solution to the crisis which respects the aspiration of the people of the DRC to elect their representatives. Derogations to the restrictive measures are possible, including the delivery of humanitarian aid.