DEMOCRATIC Republic of Congo

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DEMOCRATIC Republic of Congo DEMOCRATI C REPUBLI C OF CONGO OBSERVATORY FOR thE PROTEctiON OF humAN Rights DEFENDERS ANNUAL REPORT 2011 The murder of several human rights defenders in 2010, caused a shock wave in the human rights community and demonstrated once again the climate of insecurity in which they work. Women defenders who denounce sexual violence, defenders who fight against impunity for international crimes, who denounce women’s poor working conditions or who work on issues linked to the management of natural resources, continued to be especially vulnerable. In addition, as of the end of April 2011, a pro- posal for a law aiming at criminalising homosexuality and defenders who work in defence of the rights of sexual minorities, remained pending before the National Assembly. Political context In the run-up to the presidential and parliamentary elections due to be held in the Democratic Republic of the Congo (DRC) in November 2011, violations of the rights of people who criticise the regime in power increased, whilst civilian population continued to be subjected to grave atrocities by the regular army and armed rebel groups1 that clashed in several regions in the east and the north of the country . Operation Amani Leo, launched on January 1, 2010 in the Kivu provinces and led by the Armed Forces of the DRC (Forces armées de la RDC - FARDC) to fight against the Democratic Forces for the Liberation of Rwanda (Forces démocratiques de libération du Rwanda - FDLR), led to a deterioration in the security of civilians, who are victims of the atrocities committed by both FDLR and FARDC. Other operations carried out by the FARDC against armed groups, such as the “Rwenzori” Operation led in Beni against an Ugandan armed group, the Alliance of Democratic Forces – National Army for the Liberation of Uganda (ADF-NALU),2 resulted in serious human rights violations and population displacement . In the eastern province, on the Ugandan border, operations by the FARDC and the Uganda People’s Defence Forces (Forces de défense populaires de l’Ouganda - FDPO) were 1 / In November 2010, the United Nations Security Council also recalled that these conflicts were fuelled by pillaging of the country’s natural resources. See United Nations Security Council Resolution, United Nations document S/RES/1952 (2010), November 29, 2010. 2 / See Security Council, Report of the Secretary General on the United Nations Organisation Stabilisation 56 Mission in the Democratic Republic of the Congo, United Nations document S/2010/512, October 8, 2010. ANNUAL REPORT 2011 unable to stop the attacks, the pillaging and3 the recruitment of child soldiers by the Lord’s Resistance Army (LRA) . In this context, impunity continued to prevail. General Bosco Ntaganda, despite being sought by the International Criminal Court (ICC) since A 2006, accused of war crimes committed in Ituri in 2002-2003, was still C active within the FARDC. In addition, several officers suspected of war AFRI crimes remained in positions of command, in particular of the Operation Amani Leo. However, some symbolic progress may be noted, especially towards the adoption4 of a draft law to incorporate the provisions of the ICC statute into national legislation, as well as to hold the trials of several high-ranking officials. Furthermore, following the publication in October 2010, by the Office of the United Nations High Commissioner for Human Rights, of a Mapping Report of serious human rights viola- tions perpetrated in Zaire and then in DRC between March 1993 and June 2003 against the civilian population by various armed rebel groups that could be termed as international crimes, a draft law on the creation of a specialised mixed court within the Congolese judicial system to try the authors of the most serious crimes committed since 1990 was in the course of being adopted by Parliament as of the end of April 2011. At international level, positive developments were also to be noted, particularly with the arrest by the French authorities of Mr. Callixte Mbarushimana on October 11, 2010, in accordance with an arrest warrant issued by ICC for “war crimes” and “crimes against humanity” committed5 by the FDLR in the Kivu provinces between the end of 2008 and 2009 . Finally, journalists continued to work in a context not auspicious for them. Although Radio France international (RFI), whose signal had been interrupted since July 2009, was able to resume broadcasts in October 2010, other media were the subject of suspension measures for having criticised the authorities. Journalists in Danger (Journalistes en danger - JED) noted 3 / See Security Council, Report of the Secretary General on the United Nations Organisation Stabilisation Mission in the Democratic Republic of the Congo, United Nations document S/2011/20, January 17, 2011. 4 / On November 4, 2010, parliamentarians voted in favour of the admissibility of the draft law. However, the Political, Administrative and Legal Commission of the National Assembly must examine it before it is proposed for adoption to the parliamentarian in plenary session. 5 / However, on October 25, 2010, the ICC Pre-Trial Chamber I rejected the request of Congolese victims to question the prosecutor on the decision not to prosecute Mr. Jean-Pierre Bemba, President of the Movement for the Liberation of Congo (Mouvement pour la libération du Congo - MLC), for crimes he is alleged to have committed in the Congolese province of Ituri during the 2002-2003 conflict. On November 22, 2010, therefore, his trial began solely for crimes committed in the Central African Republic, and continued until April 2011. 57 OBSERVATORY FOR thE PROTEctiON OF humAN Rights DEFENDERS 87 cases of attacks on freedom of the press in 2010, including6 arrests, threats and administrative, economic or judicial pressure . Lack of any operational mechanism to guarantee the protection of defenders at national level Although the United7 Nations Organisation Stabilisation Mission in DRC (MONUSCO) was renewed and its mandate extended specifi- cally to cover the protection of civilians and human rights defenders, and although at the end of April 2011, a draft law on the promotion and protection of human rights defenders was being prepared at the level of the Government Legislation Subcommittee, defenders continued to work without any operational mechanism to guarantee their protec- tion. Furthermore, although during the United Nations Human Rights Council’s Universal Periodic Review in December 2009, the Government had encouraged8 human rights defenders to refer their complaints to the courts , these had rarely been the subject of investigation or fair trial. Finally, in her report presented during the Human Rights Council session in March 2011, the United Nations Special Rapporteur on the situation of human rights defenders noted that 57 of the 58 communications sent to the Government since 2004, had remained unanswered, and she considered that “the situation of human rights defenders working9 in the Democratic Republic of the Congo remains very worrying” . Assassination of several human rights defenders While persistent impunity for the murder of several human rights defenders, especially in 2005, of Mr. Pascal Kabungulu Kimembi, Executive Secretary of the Congolese NGO Inheritors of Justice (Héritiers de la justice), and in 2007, of Mr. Serge Maheshe, a journalist with Radio Okapi which plays a key role in the fight against violence particularly in eastern DRC, probably contributed10 to the cycle of violence against defenders that intensified in 2010 , the murder of three of them caused a shock wave within the human rights community and once again demonstrated the great climate of insecurity in which defenders work. As an example, on June 1, 6 / See JED Annual Report, L’état de la liberté de la presse en RDC, December 2010. 7 / The United Nations Mission in DRC (MONUC) was replaced by a similar mission called MONUSCO in July 2010. See Security Council Resolution, United Nations document S/RES/1925 (2010), May 28, 2010. 8 / See Human Rights Council, Report of the Working Group on the Universal Periodic Review – Democratic Republic of the Congo, United Nations document A/HRC/13/8, January 4, 2010. 9 / See Human Rights Council, Report of the United Nations Special Rapporteur on the situation of human rights defenders, Margaret Sekaggya, United Nations document A/HRC/16/44/Add.1, February 28, 2011. 10 / On May 4, 2010, the Bukavu Military Court sentenced two soldiers and a civilian to death for the murder of Mr. Didace Namujimbo, a journalist with Radio Okapi, in 2008. However, this trial shed no 58 light on the facts and the responsibilities in this case. ANNUAL REPORT 2011 2010, Mr. Floribert Chebeya Bahizire, Executive Director of the Voice of the Voiceless (Voix des sans voix - VSV), National Executive Secretary of the National Network of Human Rights NGOs of the DRC (Réseau national des ONG des droits de l’Homme de la RDC - RENADHOC) and a member of the OMCT General Assembly, disappeared after going to A the offices of the Inspector General of the Congolese National Police (IG/ C PNC), General John Numbi Banza Tambo, in the company of Mr. Fidèle AFRI Bazana Edadi, a member of VSV and one of its drivers. The next day, the police found the lifeless body of Mr. Chebeya in his car on a road on the way out of Kinshasa. Furthermore, Mr. Bazana11 was declared dead on March 14, 2011, as his body had not been found . Irregularities that were noted as soon as the body of Mr. Chebeya was discovered – problems for his family in getting access to the body, contradictory statements concerning the cause of death – gave rise to serious concerns about the willingness of the authorities to investigate the case. In spite of appeals by Congolese civil society and the international community to set up an independent commission of enquiry, the investigation was carried out by the Military Justice Department.
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