allAfrica.com: Congo-Kinshasa: Human Rights Monthly Assessment

SUMMARY: The Representative of the Secretary General on the Human Rights of Internally Displaced Persons (IDPs) Mr. Walter Kälin paid a ten-day working visit to the DRC. He called upon governmental authorities to speedily enact a legislative framework for the protection of IDPs; On 6 February 2008, Mathieu Ngudjolo, former senior commander of the FNI, was arrested by the DRC authorities and handed over to the ICC; A round-table meeting held on Security Sector reform (SSR) in Kinshasa on 25-26 February adopted a UNHRO recommendation for a vetting process to be implemented in the DRC security forces;

The UNHRO observed a substantial increase in the number of human rights violations committed by the PNC, especially in Kasaï Oriental; The Serge Maheshe murder appeal trial commenced before the Bukavu Military Court in South-Kivu; The Mbandaka Military Court in Lifumba Waka (350 km northeast of Mbandaka), pronounced its verdict in the case of 6 PNC officers implicated in mass rape and other serious human rights violations (torture, cruel, inhuman and degrading treatment, arbitrary arrest, looting) perpetrated between 17 and 19 March 2006 in different localities of Lifumba Groupement; Twenty one (21) inmates died of dysentery or malnutrition in prisons across the country, including 18 from the Mbuji Mayi Central prison whereas thirty one (31) inmates escaped from various prisons and places of detention throughout the DRC;

Political, Social and Security Developments

1. During the reporting period, the overall political situation was marked by the establishment, through a presidential decree, of a national programme for the security, pacification, stabilization and reconstruction of the provinces of North and South Kivu. The programme is entitled AMANI (Peace in Swahili) and is aimed at implementing the recommendations of the Goma Conference.

On 21 February 2008, the CNDP unilaterally suspended its participation in all meetings related to the implementation of the Goma process, in protest against the preliminary findings of a MONUC investigation that indicated that CNDP elements had perpetrated a massacre of at least 30 civilians at Kalonge, Territory of Masisi. Some Mayi-Mayi groups in North-Kivu also threatened to withdraw from the Goma process, due to the alleged security threats against them from both the CNDP and the individuals affiliated with the GoDRC, the marginalization of their groups during the Goma process and lack of financial support from the Government.

2. The Magistrates' union expressed discontent over the signing of seven presidential ordonnances related to the judiciary, by which 28 magistrates, most notably a new Chief Justice of the Supreme Court and Prosecutor-General, were appointed, whereas 89 were forced to go into retirement based on age or years of service. Magistrates observed a one-week strike to protest against these nominations to the judiciary whereas Magistrates of the Supreme Court and of the Parquet Général de la République filed a motion invoking the unconstitutionality of these ordonnances.

On 11 February 2008, the same magistrates had sent a letter to the President of the Republic in which they indicated their grievances and concerns regarding theses ordonnances. A number of local NGOs released a Note technique calling for the withdrawal of these controversial ordonnances. The UNHRO has made representation to the UN Special Rapporteur on the independence of Judges and Lawyers.

3. On 25-26 February 2008, a round table on security sector reform was held in Kinshasa. During the two-day meeting, strategic plans concerning the reform of the Congolese army, police and judicial system were presented and discussed and recommendations, including one on the vetting process formulated by the UNHRO, were made.

4. During the reporting period, the security climate was plagued by an armed confrontation between FARDC commandos and CNDP ex-combatants undergoing brassage at the Baka Base in Kamina on 17 February 2008. The incident resulted in a total of 27 injured, including 16 CBR (Centre de Brassage et de Recyclage) recruits and 10 FARDC commandos.

A reliable source indicated that in Bas-Congo, Bundu Dia Kongo (BDK) elements removed official representatives of public services in the Mongo Luala sector, in the Territory of Luozi and replaced them with their own appointees, and further installed offices in Kundi, Kingoyi, Kikwangu and Filinga villages (Mongo Luala sector). The same sources added that BDK members were implicated in numerous cases of illegal interrogations, arbitrary arrests, kidnappings and other abuses.

5. In the Territory of Dungu, Haut-Uele District, Oriental Province, the LRA intensified its operations, which were characterized by alleged widespread rape, violations of the right to movement and looting. Despite the signing of the Goma Acte d'Engagement for Peace, Security and Development of South and North Kivus Provinces, the ceasefire continued to be violated. On 10 February 2008, fighting continued between the CNDP and PARECO in the territory of Masisi, resulting in population displacement in the region.

6. In compliance with the Acte d'Engagement of the Kivus Peace Conference, on 22 February 2008, the Council of Ministers adopted a draft law on amnesty for acts of war and insurrection in North and South Kivu, covering the period from June 2003 to the date of the promulgation of the law. It is worth mentioning that this amnesty does not include war crimes and crimes against humanity and genocide. The draft law is expected to be submitted shortly to the Parliament.

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