DR Congo senate to debate immunity of ex-President accused of ‘treason’

The Senate of the Democratic Republic of Congo is set to debate lifting the immunity of former president Joseph Kabila on Thursday, May 22, a move that could pave the way for his prosecution on charges of supporting a Rwanda-backed rebel group in the country’s troubled eastern region. Kabila, who ruled the DRC from 2001 to 2019, is accused by the current government of President Félix Tshisekedi of backing the M23 armed group, which has seized territory in the east with alleged support from Rwanda.

The government has leveled serious accusations against Kabila, including treason, war crimes, crimes against humanity, and involvement in an insurrection. These charges stem from allegations that he conspired with M23, whose recent resurgence has intensified conflict in a region already plagued by decades of instability.

Kabila, 53, has not been seen publicly in the country since 2023, with his entourage confirming his absence but declining to reveal his location. Despite stepping down from the presidency, he retains the title of senator for life, a position that grants him parliamentary immunity.

Justice Minister Constant Mutamba had previously called on military courts to open proceedings against the former president. To facilitate this, the military prosecutor submitted a formal request for the Senate to lift Kabila’s immunity. In response, the Senate formed a special commission of 40 lawmakers to assess the case. The commission submitted its findings on Wednesday, ahead of Thursday’s plenary session.

According to a statement from the Senate, the session, scheduled for 1300 GMT, will be dedicated solely to the presentation and adoption of the commission’s report. A vote is expected to follow, determining whether the body supports lifting Kabila’s immunity. If lawmakers vote in favour, further deliberations will be required to establish the legal process for proceeding with the case.

Constitutional experts remain divided on whether the final decision must be ratified by a two-thirds majority in both houses of parliament. However, with President Tshisekedi’s coalition holding a significant majority, such a threshold could be achievable.

Kabila is the only former Congolese president to hold the status of senator for life. The move to strip him of immunity follows months of rising political tension, with Kabila hinting at a possible return to the political scene and criticizing the Tshisekedi administration. While no concrete evidence of his return has surfaced, the government has responded by suspending his party, the People’s Party for Reconstruction and Democracy (PPRD), and raiding several of his properties.