Early history and ethnic tensions

Traditionally, the Babembe people predominantly inhabited Minembwe, which functioned as a hub for trade, commerce, and cultural exchange, with people from various ethnic groups converging in the region.^[2][5][6][7] During the Belgian colonial era, the Bembe and Buyu communities were integrated into the Fizi Territory, which was subsequentially segmented into five divisions: Itombwe, Lulenge, Mutambala, Ngandja, and Tangani'a. However, post-decolonization, the Itombwe sector was realigned closer to the Mwenga Territory to facilitate more immediate administrative oversight for the indigenous populace.^[8][9]

During the 1920s, swathes of the South and North Kivu's territories were adjudged sparsely populated, prompting the Belgian colonial administrators to enlist labor from extraneous locales to foster regional development. This incitement culminated in the relocation of Banyarwanda to the Kivu highlands from the late 1930s through the 1950s.^{[10][7][11][12][13]} This demographic shift engendered profound sociocultural ramifications within the region, particularly in Minembwe. Nevertheless, the assimilation process was fraught with discord. Ethnic antagonisms erupted between the Banyarwanda and other indigenous ethnic communities, notably the Babembe, exacerbated by land disputes, resource competition, and politico-strategic rivalries.^[14] In the late 1950s, there was a significant influx of Banyarwanda immigrants into the Fizi Territory, particularly in the Lulenge sector. This migration was fueled by political instability in Rwanda and the search for better economic opportunities in neighboring areas.^[15][16] Parenthetically, during the Rwandan Revolution of 1959–1961, the UN High Commissioner for Refugees (UNHCR) settled Rwandan refugees in the sites of Lemera, Mulenge, and Katobo. Many of these refugees ended up dispersing throughout the Lulenge sector and settling in some of the most remote and inaccessible areas of the South and North Kivu regions.^[17]

The Banyarwanda who settled in Lulenge from the late 1950s to the 1980s, alongside earlier migrants to the eastern Congo Free State in the nineteenth century, collectively known as "Banyamulenge," aspired to establish their own self-governing territory like other ethnic groups. However, they were required to meet criteria set by the Belgian colonial authorities and later upheld by the Congolese state post-independence to be recognized as a distinct ethnic group. These criteria included possessing a native language, a chieftainship to represent the tribe, and a well-defined territory acknowledged by neighboring tribes. Despite their mother tongue being Kinyarwanda, the Banyarwanda lacked both a chieftainship and a defined territory, which disqualified them from being recognized as a Congolese tribe.^{[18][19][20][21]} The designation "Banyamulenge" was not documented in colonial records. Throughout history, "Banyamulenge" were predominantly recognized as "Banyarwanda," denoting their status as migrant with Rwanda origins. It wasn't until the early 1970s that the categorization of Banyamulenge as immigrants from Rwanda ceased during the Mobutu Sese Seko administration.^[1][22]

1972 Ordinance, land acquisitions and identity crisis

In 1972, Barthélémy Bisengimana Rwema, a Tutsi cabinet director under Mobutu during his second republic, promulgated a presidential "Ordinance № 69-096," which collectively granted Zairean nationality to all Banyarwanda.^[23] In the same year, Banyarwanda changed their eponym from "Banyarwanda" to "Banyamulenge" to distinguish themselves from recent immigrants from Rwanda.^[24] However, this legislation equated both long-settled Banyarwanda populations entitled to Zairean citizenship and recent immigrants, which caused bewilderment among the affected communities. The broad acquisition of Congolese nationality, combined with the land legislation enacted under Zairianisation, enabled influential Tutsis to acquire land, particularly former colonial plantations redistributed by the state. These acquisitions legalized the Tutsi peasantry's settlements in the Kivu region, granting them recognized status.^[23] The inability to apply the 1972 Ordinance, due to not meeting the basic criteria, exacerbated tensions and conflicts in the region, with other Congolese tribes perceiving themselves as expropriated by Tutsis.^[23][25] These ethnic tensions threatened national integrity, prompting Congolese political authorities to repeal the "1972 Ordinance" through Law no. 81/002 of June 29, 1981, and, thus, to correct the law regarding the recognition of ethnic communities.^[23] Nonetheless, the identity crisis between Banyamulenge and other Congolese tribes was evident, as civil status offices were frequently torched to destroy documents necessary for granting nationality or land to Banyamulenge.

Declaration of Minembwe as commune

In September 2020, Minembwe was designated a rural commune, despite opposition from other ethnic groups who contended that proper legal and administrative procedures were bypassed. The installment of Minembwe as a rural commune and the appointment of Gad Mukiza, a Tutsi, as mayor on September 28, 2020, sparked significant controversy and opposition from other Congolese tribes who assert territorial claims.^{[39][40][36][41]} Many Congolese perceived the declaration of Minembwe as a rural commune as a stratagem for the Banyamulenge to consolidate control over the region. Some critics contended that the move was made under pressure from neighboring countries, particularly Rwanda, long accused of supporting the Banyamulenge.^[1]

On October 8, 2020, the initiative to create Minembwe as a rural commune was annulled following a declaration by President Félix Tshisekedi, citing irregularities and aiming to mitigate tensions.^[42] Félix Tshisekedi stated:^[43]

"For me, the salvation of the people is the supreme law. I cannot leave my people in danger. I have decided to cancel what has been done so far for Minembwe."

This annulment was met with approval from various groups, including opposition parties and civil society organizations.^[44][1] However, it elicited mixed reactions from the Banyamulenge, who viewed it as an infringement on their rights and a reversal of the progress made in their struggle for recognition and self-determination. Some Banyamulenge leaders and activists accused the government of capitulating to pressure from other ethnic groups and reneging on its promises to safeguard their interests and foster their development.^[45][39] The situation in Minembwe remains volatile, with reports of violence and displacement. In October 2020, the United Nations reported that at least 15 people had been killed and dozens injured in clashes between the Banyamulenge and other groups in the area. The UN also estimated that over 50,000 people had been displaced by the violence.^[46][47]

On July 20, 2021, Twiganeho militiamen and their allies attacked the Musika village, located in the southern Basimunyaka groupement in Lulenge.^[48] According to several testimonies, fifteen homes of civilians were incinerated, compelling civilian members of the local community to relocate to Runundu and Ilundu villages. Other members of the local communities were also affected and migrated towards the villages of Lumanya and Kwamulima.^[48] Two elderly men were immolated in their residence, children were separated from their parents, and a hundred cattle were abducted, according to witnesses in the area.^[48] In May 2022, clashes between Ngumino and Mai-Mai Biloze Bishambuke and their allies resulted in nearly five fatalities in Irumba and Ngandura, villages situated 15 kilometers from Minembwe.^[49] In July 2022, four civilians were slain in Minembwe by Twiganeho, an insurgent group led by an army deserter Colonel Michel Rukunda, after refusing to join the forced recruitment.^[50] In August 2022, dozens of civilians and police officers were taken hostage by Twiganeho in the Minembwe highlands.^[50] On January 4, 2023, the Deputy Chief of Staff of the Armed Forces of the Democratic Republic of the Congo in charge of operations, Chico Tshitambwe, called on the population of Minembwe to dissociate themselves from armed groups. Tshitambwe also invited the militias to lay down their arms and join the PDDRC-S program.^[51]