Judicial harassment and abuse of judicial proceedings against Kabombwa’s community leaders

On 16 June 2026, the Lubudi Magistrate’s Court in Fungurume issued its judgement in the case initiated by mining company Tenke Fungurume Mining (TFM), a subsidiary of the Chinese group CMOC, against eight community leaders from Kabombwa. The court imposed a sentence of 44 days of imprisonment, a fine of 100 USD (87.22 EUR) to be paid to TFM, the plaintiff, and court costs to be borne by human right defenders Kyayo Mushimpe Henry, Kabemba Mwanza Claudelle, Mutombo Kabamba Dieudonné, Mutshika Mutondo Damien, Mukekwa Nkondo Fulgence, Mukekwa Wa Benga, Makonga Maloba Ernest, and Kabamba Kazadi Vénance.

Having been held in custody for 45 days, the human right defenders have effectively served their sentence prior to the hearing and were therefore released immediately. Nonetheless, as they were unable to pay the court costs and the compensation fine to the company, AFREWATCH assumed these expenses in order to facilitate their release from the associated financial obligations.

These eight individuals were part of a group of eleven human rights defenders and community leaders who were arrested on 1 May 2026 in the municipality of Fungurume during an operation conducted by law enforcement officers accompanied by TFM security agents. These arrests occured after the peaceful return of community members to their lands, a return that was officially notified in writing to TFM and the municipality of Fungurume. Later charged with “illegal occupation,” they were transferred to the detention center of the prosecutor’s office at the Lubudi Magistrate’s Court in Fungurume. Three of them were released after a hearing on 3 May 2026, the other eight remained in detention under poor conditions until the 16 June ruling.

The eight human right defenders, Kyayo Mushimpe Henry, Kabemba Mwanza Claudelle, Mutombo Kabamba Dieudonné, Mutshika Mutondo Damien, Mukekwa Nkondo Fulgence, Mukekwa Wa Benga, Makonga Maloba Ernest, and Kabamba Kazadi Vénance, are residents of the Kabombwa area near Fungurume in the Lualaba province of the Democratic Republic of the Congo. They belong to the Sanga tribe, mainly located in the south-east of the DRC.

The Kabombwa community has been affected by TFM’s mining operations since 2020, when the company built a lime plant in the immediate vicinity of the village. Civil society organisations have documented discharges of acidic water into the Kabombwa River, leading to waterborne diseases, skin rashes, nosebleeds, and skin irritations among community members.

Between 2020 and 2022, eleven people reportedly died of complications linked by the community to the pollution caused by TFM. In 2023, 1,146 households were evicted without adequate resettlement sites. Despite compensation payments ranging from 3,000 to 5,000 USD (2,300 - 4,300 EUR), these evictions violate Congolese legislation. By 2026, according to reports, approximately 4,000 children have dropped out of school, 3,000 people are suffering from various illnesses, and 26 additional deaths have been recorded as a result of TFM’s mining operations. TFM has declared an intention to address health issues and restore livelihoods, yet has never implemented the necessary measures.

As a result of TFM’s mining operations and the ensuing displacement it caused the community, a committee was established by the human rights defenders during an Extraordinary General Assembly on 2 April 2026, to defend their community’s rights against the company. The assembly brought together the former residents of Kabombwa, among them members of indigenous communities with direct and ancestral ties to the village. The committee monitors TFM’s compliance with the Congolese Mining Code and the commitments the company has made to the community, such as the provision of healthcare service and livelihood support to resettled communities.

The legal proceedings against the eight defenders arrested on May 1 2026, spanned the period from 12 May to 16 June 2026, and were marked by delays and unclarity. In several instances, the Lubudi Magistrate’s Court failed to provide further explanations for the postponments of several hearings. Notably, on 4 and 9 June 2026, no decisions were issued, and no reasons were provided for the court’s failure to deliver a ruling, indicating a recurrent pattern. Additionally, Front Line Defenders’ local partners reported external pressure from the mining company TFM on the judicial authorities, further raising concerns regarding the fairness of the trial.

Similarly, human rights defenders expressed concern regarding the impartiality of the Prosecutor who conducted the first-stage investigation of the case. The prosecutor was a member in the provincial relocation commission and is reportedly staying at the site developed by TFM, which is ultimately funding his living expenses. Beyond his leading role in the local judicial system, he also oversaw the complaint mechanism within the community committee, meant to address any complaints from the villagers. Ultimately this committee got dissolved, leading to the establishment of the ad hoc community committee on 2 April 2026.

Front Line Defenders considers the arrest, prolonged detention, and judicial harassment of the human right defenders to be direct reprisals for their legitimate human rights work. The organisation believes that the conviction of the human rights defenders was clearly aimed at silencing their voice. Consequently, the organisation condemns the misuse of the justice system as tool of intimidation against communities affected by mining activities and their representatives.

Front Line Defenders calls on the authorities of the Democratic Republic of Congo to ensure the protection of all human rights defenders who are exercising their legitimate right to defend the interests of their communities. Additionally, it calls on the authorities to ensure compliance with fair trial obligations and to prevent the use of judicial proceedings as means of harassment or intimidation.

Front Line Defenders calls on TFM, its subsidiaries, and supply chain partners to exercise their duty of human rights due diligence and to demand that TFM ceases all intimidation against local communities and their defenders. The organisation also calls on TFM, to comply with their legal obligations regarding compensation and support for displaced communities, in accordance with the Congolese Mining Code; and engage in good-faith dialogue with representatives of the affected communities.