April 2008 MONUC Human Rights Division 17 Jun
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Monthly Human Rights Assessment: April 2008 MONUC Human Rights Division 17 jun. 08 - 15.55h Executive Summary • The National Assembly declared receivable four draft bills on the reform of the judiciary presented by the Minister of Justice and Human Rights; • The Serge Maheshe appeal trial continued to be marred by serious violations of fair trial norms and standards; • The ICC has made public an arrest warrant that was issued in 2006 against former Ituri warlord Bosco Ntaganda; • 62 national and international NGOs issued a joint press release advocating for the appointment of a high-level Independent Special Advisor on Human Rights for eastern DRC; • Foreign and national armed groups continued to be responsible for a marked deterioration of the security and human rights situation in several areas of the DRC; • FARDC and PNC were implicated in violations of the rights to life, liberty and physical integrity, mainly rape and torture; • The FARDC Inspector-General has been suspended from his duties for shooting a 20- year-old street dweller in Kinshasa; • Five FARDC soldiers, accused of raping minors, were given sentences ranging from 5 to 15 years; • UNHRO access to ANR holding cells denied in several areas of the DRC; • Seventy-six inmates escaped from various prisons and detention centers across the country; Political, Social and Security Developments 1. In Kinshasa, on 25 April 2008, the National Assembly declared receivable four key draft bills pertaining to the reform of the judiciary submitted on 15 April 2008 by the Minister of Justice and Human Rights. The four draft bills are the Code de l’organisation et des compétences des juridictions de l’ordre judiciaire, Procédure devant la Cour de Cassation, Organisation et fonctionnement de la Cour Constitutionnelle and organisation, fonctionnement et compétences des juridictions de l’ordre administratif. Another very important law aimed at reinforcing the independence of the judiciary, the draft law on the organization and functioning of the Supreme Council of the Judiciary was passed by the Senate on 14 April 2008. 2. During the reporting period, armed groups, both foreign and national, have once again been the perpetrators of acts of insecurity and serious human rights abuses. In Maniema Province, a militia group known as Simba has occupied certain localities of the territory of Lubutu where its elements have reportedly been implicated in cases of rape and extortion of the local population. In the northern part of Dungu territory in Province Orientale, members of the Lord’s Resistance Army (LRA) have allegedly been responsible for several abductions of civilians as well as forced recruitment and military training. In addition, they have destroyed several fields and pillaged villages. Most of the villagers in that part of the province have fled to the nearby forest. 3. Despite the Actes d’Engagement signed at the end of the Kivus conference in Goma on 23 January 2008, ceasefire and human rights violations have continued to take place in the eastern region of the DRC. At Bwambaili, on 22 April 2008, a fight took place between FARDC soldiers of the 151st Battalion and PARECO (Patriotes Résistants du Congo) combatants. Nine PARECO combatants and one FARDC soldier were killed while a FARDC officer was wounded. In an unrelated case, two FARDC soldiers were wounded during clashes between FARDC soldiers of the 63rd Battalion and the FDLR (SOKI) in the area of Kinyadonyi (20 km north of Rutshuru). On 23 April 2008, three FARDC soldiers and one PARECO combatant died as a result of clashes between the FARDC 15th Integrated Brigade and PARECO at Kamandi Beach (northeast of Kanyabayonga). 4. On 29 April 2008, the FARDC Inspector-General was suspended from his duties by the Minister of Defence for having shot a 20-year-old street dweller who had attempted to steal his mobile phone in Kinshasa on 23 April. The victim was later admitted to the Military hospital at the FARDC Kokolo camp. So far, judicial investigations have not been opened into the incident. 5. In Northern Katanga, FARDC and PNC elements involved in the illegal exploitation of natural resources are the source of increased insecurity and frequent human rights violations. In Ituri, FARDC soldiers are allegedly involved in illegal exploitation of gold, coltan and timber which they ship to neighboring Uganda. Human Rights Developments and Concerns 6. On 28 April 2008, the International Criminal Court (ICC) made public an arrest warrant that it had issued on 22 August 2006 against former Ituri warlord Bosco Ntaganda. Mr. Ntaganda is charged with the enlistment, conscription and active use of children in hostilities in Ituri between July 2002 and December 2003 while he was chief of military operations for the Hema militia group, Union des Patriotes Congolais (UPC). Since 2006, he has been the Chief of Staff for Laurent Nkunda’s Congrès National pour la Défense du Peuple Congolais (CNDP) in North Kivu. Ntaganda is the fourth Congolese militia leader against whom the ICC has issued an arrest warrant for war crimes perpetrated in Ituri. 7. On 21 April, the UNHRO was denied access to ANR (Agence Nationale de Renseignements) holding cells in five provinces (Kinshasa, Bas-Congo, Goma-North Kivu, Kisangani-Province Orientale, Uvira-South Kivu). The reason cited for the refusal in some cases was the absence of the Director (eg. Uvira``). In other cases, for example in Bas-Congo, the HROs were informed of the need to request permission before each visit and that authorization had to be given from ANR hierarchy in Kinshasa. A senior ANR official in Kinshasa stated that he was prepared to discuss the cases of the detainees with the UNHRO but that a decision had been taken to disallow UNHRO visits to the holding cells. In Mbuji Mayi, the team could not visit the main holding cell because of the unavailability of the Director, but they were granted access to four other ANR holding cells in the town. Following an initial refusal pending authorization from Kinshasa, UNHRO Kisangani was subsequently granted access on 23 April 2008. Access in the remaining six provinces of the DRC was granted due to varying factors; the absence of detainees in the holding cells, working relations between ANR and HROs, the fact that ANR has no holding cells and keeps detainees in police holding cells. It is necessary to point out that, in accordance with the MONUC mandate given by different Security Council Resolutions, HROs are to be granted immediate and unhindered access to all holding cells and places of detention in the DRC. 8. On 22 April 2008, 62 national and international NGOs issued a joint press release in which they advocated for the appointment of a high-level Independent Special Advisor on Human Rights for eastern DRC. This request is aimed at ensuring full compliance of Article III of the Goma agreement which commits all signatories to strictly respect international humanitarian and human rights law. 9. On 1st April 2008, ANR agents and local authorities in Lubumbashi, Katanga Province, prevented members of two well-known human rights NGOs from flying to Kilwa to conduct follow-up investigations into the Kilwa massacre case. Two of these members subsequently received threats through anonymous telephone calls because of statements made in connection with the restriction on their freedom of movement. In Kasaï Occidental, the police and ANR have allegedly been very hostile to members of human rights NGOs who intervene on behalf of persons arrested and detained by these services. Victims have allegedly been manhandled and intimidated. Following a recent visit by the Governor to the area of Bena Leka (120 km from Kananga), police officers reportedly celebrated what they considered to be the suppression of human rights, because of remarks reportedly made by the Governor in connection with the activities of human rights defenders. In Bukavu, South Kivu, members of human rights NGOs observing the Serge Maheshe appeal trial were intimidated by the Senior Military Prosecutor on 26 March for having pointed out serious violations of fair trial standards. 10. On 22 April 2008, the Office of the Military Prosecutor in Kisangani arrested a Mayi Mayi leader commonly known as Col Thoms, for his alleged responsibility in the mass rape of women and girls in Lieke Lesole locality and surrounding localities in Opala territory, Province Orientale in July-August 2007. The accused was subsequently transferred to the Kisangani Central Prison. One of four other Mayi Mayi elements from Col Thoms’ group, who were recently arrested in Lieke Lesole by a FARDC detachment and transferred to Kisangani, will be questioned in connection with the mass rape. UNHRO/Kisangani continues to closely follow the case. 11. In Bunia, Ituri, on 11 April 2008, the Zone Operations Commander launched a human rights sensitization programme for the benefit of his troops. At the launching ceremony, he committed himself to promoting and protecting human rights as well as to combating impunity. He warned that anyone who commited human rights violations against civilians would face the consequences. He provided a laissez-passer to the UNHRO to facilitate the implementation of its mandate, including the monitoring of his troops’ compliance with human rights standards and principles. He also instructed that leaflets on human rights be distributed to his troops. Implication of the FARDC in human rights violations 12. During the reporting period, the UNHRO observed a substantial increase in the number of human rights violations perpetrated by the FARDC across the country in comparison to last month’s statistics. Members of the FARDC were allegedly implicated in fifty nine violations (compared to 28 in March), including five violations of the right to life, twenty three violations of the right to physical integrity (thirteen rape cases and ten cases of cruel, inhuman and degrading treatment.