The Curse of Gold Democratic Republic of Congo

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The Curse of Gold Democratic Republic of Congo The Curse of Gold Democratic Republic of Congo Human Rights Watch Copyright © 2005 by Human Rights Watch. All rights reserved. Printed in the United States of America ISBN: 1-56432-332-3 Cover photo: Miners working in the grueling conditions of an open pit gold mine in Watsa, northeastern Democratic Republic of Congo. © 2004 Marcus Bleasdale. Cover design by Rafael Jimenez Human Rights Watch 350 Fifth Avenue, 34th floor New York, NY 10118-3299 USA Tel: 1-(212) 290-4700, Fax: 1-(212) 736-1300 [email protected] 1630 Connecticut Avenue, N.W., Suite 500 Washington, DC 20009 USA Tel:1-(202) 612-4321, Fax:1-(202) 612-4333 [email protected] 2nd Floor, 2-12 Pentonville Road London N1 9HF, UK Tel: 44 20 7713 1995, Fax: 44 20 7713 1800 [email protected] Rue Van Campenhout 15, 1000 Brussels, Belgium Tel: 32 (2) 732-2009, Fax: 32 (2) 732-0471 [email protected] 9 rue Cornavin 1201 Geneva Tel: + 41 22 738 04 81, Fax: + 41 22 738 17 91 [email protected] Web Site Address: http://www.hrw.org Listserv address: To receive Human Rights Watch news releases by email, subscribe to the HRW news listserv of your choice by visiting http://hrw.org/act/subscribe- mlists/subscribe.htm Human Rights Watch is dedicated to protecting the human rights of people around the world. We stand with victims and activists to prevent discrimination, to uphold political freedom, to protect people from inhumane conduct in wartime, and to bring offenders to justice. We investigate and expose human rights violations and hold abusers accountable. We challenge governments and those who hold power to end abusive practices and respect international human rights law. We enlist the public and the international community to support the cause of human rights for all. HUMAN RIGHTS WATCH Human Rights Watch conducts regular, systematic investigations of human rights abuses in some seventy countries around the world. Our reputation for timely, reliable disclosures has made us an essential source of information for those concerned with human rights. We address the human rights practices of governments of all political stripes, of all geopolitical alignments, and of all ethnic and religious persuasions. Human Rights Watch defends freedom of thought and expression, due process and equal protection of the law, and a vigorous civil society; we document and denounce murders, disappearances, torture, arbitrary imprisonment, discrimination, and other abuses of internationally recognized human rights. Our goal is to hold governments accountable if they transgress the rights of their people. Human Rights Watch began in 1978 with the founding of its Europe and Central Asia division (then known as Helsinki Watch). Today, it also includes divisions covering Africa, the Americas, Asia, and the Middle East. In addition, it includes three thematic divisions on arms, children’s rights, and women’s rights. It maintains offices in Brussels, Geneva, London, Los Angeles, Moscow, New York, San Francisco, Tashkent, Toronto, and Washington. Human Rights Watch is an independent, nongovernmental organization, supported by contributions from private individuals and foundations worldwide. It accepts no government funds, directly or indirectly. The staff includes Kenneth Roth, Executive Director; Allison Adoradio, Operations Director; Michele Alexander, Development and Outreach Director; Carroll Bogert, Associate Director; Widney Brown, Deputy Program Director; Peggy Hicks, Global Advocacy Director; Iain Levine, Program Director; Dinah PoKempner, General Counsel; James Ross, Senior Legal Advisor; Joseph Saunders, Deputy Program Director; and Wilder Tayler, Legal and Policy Director. The program directors of Human Rights Watch are Brad Adams, Asia; Holly Cartner, Europe and Central Asia; Richard Dicker, International Justice; Jamie Fellner, United States; Arvind Ganesan, Business and Human Rights; Steve Goose, Arms; LaShawn R. Jefferson, Women’s Rights; Scott Long, Lesbian, Gay Bisexual and Transgender Rights; Peter Takirambudde, Africa; José Miguel Vivanco, Americas; Lois Whitman, Children’s Rights; and Sarah Leah Whitson, Middle East and North Africa. The advocacy directors of Human Rights Watch are Steve Crawshaw, London; Loubna Freih, Geneva; Lotte Leicht, Brussels; Tom Malinowski, Washington; and Joanna Weschler, United Nations. The members of the board are Jane Olson, Chair; James F. Hoge, Jr., Vice-Chair; Sid Sheinberg, Vice-Chair; John J. Studzinski, Vice-Chair; Omar Amanat, Lloyd Axworthy, David M. Brown, Dorothy Cullman, Edith Everett, Jonathan F. Fanton (Chair 1998- 2003), Michael E. Gellert, Richard J. Goldstone, Vartan Gregorian, Wendy Keys, Robert Kissane, Bruce Klatsky, Joanne Leedom-Ackerman, Josh Mailman, Susan Manilow, Kati Marton, Lore Harp McGovern, Barry Meyer, Joel Motley, Samuel K. Murumba, Catherine Powell, Sigrid Rausing, Victoria Riskin, Kevin Ryan, Domna Stanton, Shibley Telhami. Emeritus board members are Roland Algrant, Lisa Anderson, Robert L. Bernstein (Founding Chair 1978-1997), William D. Carmichael, Adrian W. DeWind, Alice H. Henkin, Stephen L. Kass, Marina Pinto Kaufman, Peter Osnos, Kathleen Peratis, Bruce Rabb, Orville Schell, Gary Sick, and Malcolm B. Smith. The Curse of Gold I. Summary ..................................................................................................................................... 1 II. Recommendations ................................................................................................................... 5 III. Methodology........................................................................................................................... 9 IV. Background: Enriching the Elites...................................................................................... 12 The Significance of Gold.......................................................................................................13 Ugandan Forces Plunder the Gold of Haut Uélé District, 1998-2002...........................15 Local Armed Groups Fight for the Gold of Ituri, 2002-2004.........................................20 V. Human Rights Abuses in the Mongbwalu Gold Mining Area........................................ 23 Massacres and other Abuses by the UPC and their Allies................................................27 Massacre at Mongbwalu, November 2002 ..................................................................... 27 Massacre at Kilo, December 2002 ................................................................................... 29 Arbitrary arrest, torture and summary executions......................................................... 31 Mining the Gold: Instances of Forced Labour .............................................................. 33 Increased Commerce ......................................................................................................... 35 Justice for UPC crimes ...................................................................................................... 36 Massacres and other Abuses by the FNI, FAPC and the Ugandan Army.....................36 Massacre at Kilo, March 2003 .......................................................................................... 37 Accountability for the March 2003 Kilo Massacre........................................................ 39 The 48 Hour War, June 2003 and subsequent massacres ............................................ 40 A ‘Witch Hunt’ for Hema Women and other Opponents........................................... 43 Murder of two MONUC Observers................................................................................ 46 Threat Against Human Rights Defenders and Others Reporting Abuses ................ 47 Arbitrary Arrests, Torture and Forced Labor ................................................................ 48 Control of the Gold Mines ............................................................................................... 51 VI. AngloGold Ashanti – Starting Gold Exploration Activities.......................................... 58 Competition for the Mining Rights to the Mongbwalu Mines ........................................60 AngloGold Ashanti Seeks to Start Exploration Activities in Mongbwalu, 2003 ..........61 AngloGold Ashanti develops a relationship with the FNI armed group .................. 65 AngloGold Ashanti benefits from its relationship with the FNI armed group..................................................................................................................................... 68 Benefits for the FNI Armed Group................................................................................ 72 AngloGold Ashanti View of Contacts with the FNI.................................................... 75 Failure to Respect Human Rights, International Norms and Business Standards .......77 VII. Human Rights Abuses in the Durba Gold Mines and Trade Routes......................... 84 Summary Executions by Commander Jérôme, 2002-2004...............................................86 Executing and Torturing Supposed Political Opponents ............................................ 87 Arbitrary Detention and Torture ..................................................................................... 90 Tolerating Abuses by Business Allies.............................................................................. 93 Djalasiga: Continued Conflict over Gold Mines................................................................94 VIII. Trade in Tainted Gold.....................................................................................................
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