United Nations Mission in the Democratic Republic of Congo (Kinshasa)
Human Rights Division
14 May 2008
document
EXECUTIVE SUMMARY
• The UN Human Rights Council decides not to renew the mandate of the Independent Expert on the human rights situation in the DRC;
• During a meeting of the Council of Ministers held in Matadi, Bas-Congo Province, the Government imposed a ban on Bundu Dia Kongo (BDK);
• The UN Security Council has demanded that all the Rwandan armed groups, operating in the eastern DRC lay down their arms, and present themselves without any further delay or preconditions to Congolese authorities and MONUC for their disarmament, demobilization, repatriation, resettlement and reintegration (DDRRR).
• Attacks, threats and arrests of journalists and human rights defenders increased during the month in review;
• In North and South Kivu, UNHRO opens investigations into allegations that between 1 and 12 March 2008, thirteen (13) civilians were allegedly arbitrarily executed by elements of the PARECO armed group;
• The UNHRO has observed serious violations of fair trial standards in the Serge Maheshe appeal trial in Bukavu, South-Kivu;
• Three police officers and five FARDC soldiers were sentenced to 20 and 10 and 5 years' imprisonment respectively for rape;
• Law enforcement personnel and judicial officials have continued to engage in out-of-court settlement of sexual violence cases despite very clear provisions of the new laws on sexual violence;
• Eighty (80) inmates escaped from the prisons and detention centres across the country in March 2008.
I- Political, Social and Security Developments
1. The period under review was marked by major political, social and security recommendations, resolutions and decisions taken by the Government of the DRC, the National Assembly and the UN Security Council. On 20 March 2008, President Kabila presided over a meeting of the Council of Ministers in Matadi, Provincial capital of Bas-Congo.
Among the several decisions taken by the Government figured that of the withdrawal of the authorization that had been granted to the politico-religious movement Bundu Dia Kongo (BDK) to function as a cultural and non-profit organization. The Government used the opportunity to address pressing issues affecting the Bas-Congo Province, including lack of proper communication and transportation infrastructures, inadequate water and electricity supply and unemployment, particularly among the youth.
2. Through its Resolution 1804 on the situation in the Great Lakes region, adopted unanimously on 13 March 2008, the UN Security Council demanded that all Rwandan armed groups, including FDLR, ex-FAR/Interahamwe, operating in the eastern DRC lay down their arms, and present themselves without any further delay or preconditions to Congolese authorities and MONUC for their disarmament, demobilization, repatriation, resettlement and reintegration.
It also demanded that the Rwandan arms groups stop recruiting and using children, release all children associated with them, and put an end to gender-based violence, particularly rape and other forms of sexual abuse, and all other forms of violence, and stressed the need for those responsible to be brought to justice
3. In Bas-Congo, reports suggest that a large number of BDK adepts as well as some PNC elements lost their lives during PNC operations launched against the BDK on 28 February 2008. Prior to the PNC intervention, BDK members had taken control of several localities in the province and carried out several attacks against civilians, Christian church representatives and members, State representatives and symbols.
4. From 17 March to 28 March 2008, a MONUC multidisciplinary Investigation Mission conducted investigations into allegations of serious human rights violations committed by the PNC during operations against the Bundu Dia Kongo (BDK) as well as into criminal acts committed by BDK members in the Bas-Congo province. A report is being prepared.
5. On 15 March 2008, the two chambers of Parliament held official ceremonies to mark the opening of their ordinary sessions, which will last from 15 March until 15 June. During its three-month ordinary session, the Parliament is expected to examine or adopt a number of draft laws, inter alia, the draft laws on the Court of Cassation, the Constitutional Court, the amnesty law, the law to abolish the death penalty, the law on the Conseil Supérieur de la Magistrature, the law on the implementation of the Rome Statute of the ICC.
II- Human Rights Developments and Concerns
The UN Human Rights Council ends the mandate of the of Independent Expert on the human rights situation in the DRC
6. On 27 March 2008, during its seventh regular session held in Geneva, the Human Rights Council decided not to renew the mandate of the Independent Expert (IE) on the situation of human rights in the DRC that was established in July 2004. On 19 March 2008, Mr. Frédéric Titinga Pacéré, the IE, presented a report on his last two working visits to the country (November 2007 and March 2008). The report indicated that the human rights situation in the DRC was cause for grave concern, characterized by repeated serious violations including arbitrary executions, rapes, torture and ill-treatment, in particular in the eastern part of the country and in the Bas-Congo Province.
The Human Rights Council also made reference to the Entité de Liaison pour les droits de l'homme, (a mechanism of cooperation that has been set up between the UNHRO and several Government Ministries and agencies to examine the human rights situation in the DRC and take measures to combat impunity), as another alternative to the mandate of the Independent Expert.
b. Implication of the FARDC in human rights violations
7. During the reporting period, UNHRO monitoring activities revealed a decrease in the proportion of human rights violations perpetrated by members of the FARDC from 45 cases in February 2008 to 28 in March 2008. These serious human rights violations included two cases of arbitrary execution, six rape cases, ten (10) cases of cruel, inhuman and degrading treatment, four cases of abduction and six cases of arbitrary arrests and detention
8. On 22 March 2008, in Mahagi Port, Ituri, near to the border with Uganda, a FARDC soldier shot dead a civilian who resisted his attempt to extort him at a checkpoint. The perpetrator was later stabbed to death by the victim's brother. In Beni, North Kivu, a motorcycle taxi driver was attacked and shot in the chest by a man wearing the FARDC uniform on the night of 14-15 March 2008 as he was dropping off a passenger. The assailant allegedly extorted money and his mobile phone before shooting the victim. The police have begun an investigation into the incident.
9. On the night of 19-20 March 2008, in Kahama, (26 km south of Uvira, South Kivu Province), a soldier of the FARDC 109th Brigade, allegedly broke into the home of a 70-year-old widow and raped her. The victim was taken to the local hospital for treatment. A 14-year-old girl was raped by a FARDC Lieutenant based in Gemena (420 km north-east of Mbandaka, Equateur Province). The alleged perpetrator abducted the victim on 19 March, sequestrated her in his house where he repeatedly raped her until he finally released her on 23 March 2008. The officer was subsequently arrested by the Office of the Military Prosecutor.
c. Implication of the PNC in human rights violations
10. The number of human rights violations perpetrated by the PNC continued to increase during the month in review. The elements of the PNC were implicated in 130 human rights violations during the reporting period compared to 128 cases last month. Two involved cases of violation of the right to life, eleven (11) involved cases of torture, cruel, inhumane and degrading treatment whereas 117 involved cases of arbitrary arrest and illegal detention.
Police officers continued to arrest and detain persons for civil matters such as non-payment of debts and other financial obligations. They arrested persons in place of others and frequently violated the 48-hour constitutional limit for keeping detainees in a holding cell before releasing them or bringing them before a competent judicial authority. In addition, arrested persons are often not properly registered. These practices continue despite numerous interventions by the UNHRO during seminars and frequent visits to holding cells.
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