launched a series of attacks, killing and DEMOCRATIC kidnapping civilians.1 Other armed groups remained active in REPUBLIC OF , Katanga, and Ituri, committing serious human rights abuses THE CONGO against civilians. Some fighters from the Forces Democratic Republic of the Congo Démocratiques de Libération du Head of state: Joseph Kabila (FDLR) participated in a demobilization Head of government: Augustin Matata Ponyo Mapon programme run by MONUSCO and a few were confined in government camps. However, others carried on armed activities The security situation in eastern Democratic in the east of the country. The MONUSCO Republic of the Congo (DRC) remained Demobilization, Disarmament, Repatriation, dire and an upsurge in violence by armed Resettlement and Reintegration programme groups claimed the lives of thousands of included former FDLR child soldiers. civilians and forced more than a million In July, President Kabila appointed people to leave their homes. Human rights Jeannine Mabunda as his special envoy abuses, including killings and mass rapes, on sexual violence and recruitment of were committed by both government child soldiers. security forces and armed groups. Violence In November, several hundred magistrates against women and girls was prevalent went on strike over pay. throughout the country. Plans to amend the Constitution to allow President Kabila ABUSES BY ARMED GROUPS to stay in office beyond 2016 prompted Armed groups committed atrocities against protests. Human rights defenders, civilians in eastern DRC, especially in journalists and members of the political northern Katanga, Ituri, North Kivu and South opposition were threatened, harassed and Kivu. Abuses included unlawful killings, arbitrarily arrested by armed groups and by summary executions, forced recruitment government security forces. of children, rape and sexual violence, large-scale looting, burning of homes BACKGROUND and destruction of property. Attacks were The Congolese army, with the support of the characterized by extreme violence, sometimes UN peacekeeping force MONUSCO (UN ethnically motivated. Some of the fighting was Organization Stabilization Mission in the for control over natural resources and trade. DRC), succeeded in defeating and disbanding The violence was facilitated by easy access to the armed group March 23 (M23) in 2013. weapons and ammunition. However, the conflict in eastern DRC did Armed groups that committed abuses not end and other armed groups expanded against civilians included: the FDLR; the ADF; their areas of operation and continued to Nyatura; the Lord’s Resistance Army (LRA); target civilians. the Nduma Defence of Congo (NDC) known In January, the government launched as Mai Mai Sheka; and various other Mai Mai a military operation against the armed groups including Mai Mai Lafontaine, Mai Mai group Allied Democratic Forces (ADF) in Simba and Mai Mai Bakata Katanga. territory, North Kivu province. While In June, attacks by Nyatura in “Operation Sokola 1” (“Operation Clean-up” territory, North Kivu, left at least four civilians in Lingala) forced the ADF rebels from their dead and dozens of houses burned to forest base, they regrouped and in October the ground.

128 Amnesty International Report 2014/15 On the night of 6 June, in Mutarule, Uvira fighters, in Misau and Misoke villages, territory, South Kivu, at least 30 civilians were , North Kivu province. killed in an attack by an unidentified armed group. Most of the victims were from the CHILD SOLDIERS Bafulero ethnic group. The attack took place Armed groups recruited children. Many just a few kilometres from a MONUSCO base. were subjected to sexual violence and cruel Between early October and late December, and inhuman treatment while being used the ADF allegedly carried out a spate of as fighters, carriers, cooks, guides, spies attacks on civilians in several towns and and messengers. villages in , North Kivu, and Ituri district, Province Orientale, killing at least 270 INTERNALLY DISPLACED PEOPLE civilians and abducting others. The assailants The demise of the M23 armed group in also looted civilians’ property. 2013 facilitated the progressive closure of Between 3 and 5 November, FDLR fighters camps for internally displaced people (IDPs) killed 13 people in Misau and Misoke villages, around the city of . However, due to Walikale territory, North Kivu. the upsurge of armed group violence against civilians, new IDP camps had to be set up VIOLENCE AGAINST WOMEN AND GIRLS for people fleeing human rights abuses. By Rape and other forms of sexual violence 17 December, about 2.7 million people were against women and girls remained endemic, internally displaced within DRC. Most of the not only in areas of conflict, but also in displacement took place in connection with parts of the country not affected by armed the armed conflicts in North Katanga, North hostilities. Acts of sexual violence were Kivu, South Kivu and Ituri districts. committed by armed groups, by members of the security forces and by unarmed civilians. TORTURE AND OTHER ILL-TREATMENT The perpetrators of rape and other sexual Torture and other ill-treatment were endemic violence enjoyed virtually total impunity. throughout the country, and often took place Mass rapes, in which dozens of women during unlawful arrests and detention by state and girls were sexually assaulted with extreme security services. Some cases of death under brutality, were committed by armed groups torture were reported. Police, intelligence and by members of the security forces officers and members of the presidential during attacks on villages in remote areas, guard were all accused of responsibility for particularly in North Kivu and Katanga. Such torture and other ill-treatment. attacks often also involved other forms of torture, killings and looting. COMMUNAL VIOLENCE Between 4 and 17 July, Mai Mai Simba In Tanganyika district, Katanga, tensions combatants reportedly raped at least 23 between the Batwa and Luba intensified and women and girls in Mangurejipa village and led to a violent confrontation between the two mining sites located in surrounding areas in communities. This added to the insecurity territory, North Kivu. already caused by the activities of the armed In October, dozens of women and girls group Mai Mai Bakata Katanga. The violence were raped in Kansowe village, Mitwaba was marked by a deliberate targeting of territory, Katanga province by special civilians and serious human rights abuses. commando soldiers of the Congolese army Members of both communities committed deployed there to fight the Mai Mai Bakata killings, abductions and acts of sexual Katanga armed group. violence. They used children in the violence Between 3 and 5 November, at least and burned down and looted houses. 10 women were raped, allegedly by FDLR

Amnesty International Report 2014/15 129 In June and July, more than 26 Batwa UNFAIR TRIALS women and girls were captured and raped The judicial system was weak and suffered in Longa village, Kabalo territory, Katanga. from a lack of resources. The courts were Another 37 women from the same village often not independent of outside influence were kidnapped and kept for sexual purposes and corruption was widespread. Legal aid was by alleged Luba militias in Luala. At least 36 not available, so that many defendants did not more women were raped when they were have a lawyer, and the rights of defendants trying to flee to Nyunzu. were frequently violated.

IMPUNITY PRISON CONDITIONS Impunity continued to fuel further human The prison system continued to be under- rights violations and abuses. Efforts by funded. Prisoners and detainees were held judicial authorities to increase the capacity in decaying facilities, with overcrowding and of the courts to deal with cases, including unhygienic conditions. Dozens died as a cases involving human rights abuses, had result of malnutrition and lack of appropriate only limited success. Efforts to ensure medical care. accountability for crimes under international Insecurity for inmates was increased by law committed by the Congolese army the failure to separate women from men, pre- and armed groups also achieved few trial detainees from convicted prisoners and visible results. members of the military from civilians. The verdict in the trial for the mass rape of more than 130 women and girls, murder and HUMAN RIGHTS DEFENDERS looting committed in and around the eastern The demise of the M23 armed group town of Minova by Congolese soldiers fleeing contributed to some improvement in the the advance of M23 rebels in November and situation for human rights defenders in December 2012 was handed down on 5 Rutshuru and Nyiragongo territories. May 2014. Despite overwhelming evidence However, human rights defenders and trade of mass rape in Minova, including victim unionists across the country continued and witness testimonies, only two soldiers of to face threats, intimidation and arrest by the 39 on trial were convicted of rape. Other state security services and armed groups. accused were convicted of murder, looting Some were forced to flee after they received and military offences. repeated death threats through text The M23 leader, General , messages, anonymous phone calls, and visits had turned himself in at the US embassy in at night by armed men. Kigali in 2013 and asked to be transferred to the International Criminal Court (ICC), which ARBITRARY ARRESTS AND DETENTIONS had issued a warrant for his arrest in 2006. Arbitrary arrests and detentions continued to Other M23 leaders in exile in Uganda and be routine throughout the country. Security Rwanda continued to enjoy impunity for the services, in particular the national police, crimes they had reportedly committed in the intelligence services and the national Rutshuru and Nyiragongo territories. army, carried out arbitrary arrests. They In May, parliament rejected a legislative also frequently extorted money and items of proposal on the domestication of the Rome value from civilians during law enforcement Statute of the ICC, along with a proposal operations or at checkpoints. to create specialized criminal chambers to A number of political opposition supporters deal with crimes under international law who attended demonstrations calling for committed before the entry into force of the political dialogue and protesting against Rome Statute.

130 Amnesty International Report 2014/15 attempts to amend the Constitution were INTERNATIONAL JUSTICE arbitrarily arrested and ill-treated. On 7 March, the ICC convicted , commander of the Force de FREEDOM OF EXPRESSION Résistance Patriotique en Ituri (FRPI), of Freedom of expression was significantly and war crimes. The curtailed. In particular, opposition to the crimes were committed on 24 February 2003 prospective amendment of the Constitution during an attack on the village of Bogoro, in was severely repressed. Peaceful meetings Ituri district. On 23 May, he was sentenced to and demonstrations were routinely banned or 12 years’ imprisonment. violently disrupted by the security services. On 9 June, the International Criminal Court The main targets of repression were (ICC) Pre-Trial Chamber II confirmed charges political opponents, members of civil society of war crimes and crimes against humanity organizations and journalists. Some were against Bosco Ntaganda allegedly committed arrested and ill-treated, some imprisoned in 2002 and 2003 in Ituri district. after unfair trials on trumped-up charges. Sylvestre Mudacumura, alleged For example, one political opponent of the commander of the armed branch of the government - Jean Bertrand Ewanga of FDLR, remained at large despite the issuance the opposition party Union pour la Nation by the ICC of an arrest warrant for war crimes Congolaise (UNC) - was imprisoned on on 13 July 2012. charges of insulting the President. The Canal Futur television station, reportedly owned by opposition leader Vital Kamerhe, remained 1. DRC: Civilian death toll rises as rebels embark on campaign of closed by the authorities throughout the year. sporadic slaughter On 16 October, following the release by the www.amnesty.org/en/news/drc-civilian-death-toll-rises-rebels- UN Joint Human Rights Office (UNJHRO) embark-campaign-sporadic-slaughter-2014-10-31 of a report on extrajudicial executions and 2. DRC: Rescind expulsion of UN official and investigate extra-judicial enforced disappearances during a police killings and disappearances (AFR 62/002/2014) operation in Kinshasa, Scott Campbell, Head www. amnesty.org/en/library/asset/AFR62/002/2014/en/80df3d93- of the UNJHRO, was declared persona non 394d-4451-b3fee9c277451a79/afr620022014en.html grata by the Minister of the Interior and expelled from the DRC.2 Other UNJHRO officials also reported receiving threats after the report’s publication. DENMARK REFUGEES AND ASYLUM-SEEKERS More than 170,000 DRC nationals were Kingdom of Denmark expelled from the Republic of Congo to the Head of state: Queen Margrethe II DRC between 4 April and early September. Head of government: Helle Thorning-Schmidt Among them were refugees and asylum- seekers. Some of the expelled were allegedly arrested and detained incommunicado The government refused to investigate in Kinshasa. allegations of unlawful surveillance Little assistance was provided by the DRC practices following revelations by US government, and as of September, more whistleblower Edward Snowden. Legislation than 100 families were living on the streets of was amended to criminalize sexual abuse by Kinshasa without tents, health care, food or a spouse. Asylum determination practices any assistance. for lesbian, gay and bisexual asylum-seekers

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