Impunity
for crimes under international law continued in the Democratic Republic
of the Congo (DRC), despite some limited progress.
Government security forces and armed groups committed
scores of human rights violations in eastern DRC. Nine soldiers from
the Congolese armed forces, including a lieutenant
colonel, were convicted of crimes against humanity,
notably rape, committed on 1 January in the town of Fizi, South
Kivu. They were sentenced to jail in February in a rare
example of perpetrators being promptly brought to
justice. However, investigations stalled into other cases of mass
rapes committed by the national army and armed groups. The
general elections were marred by many human rights
violations, including unlawful killings and arbitrary
arrests by security forces. Human rights defenders and journalists faced
intimidation and restrictions on the freedoms of
expression and association.
The
presidential residence and a military camp in Kinshasa were attacked on
27 February in what the government called a “coup
d’état”. A wave of arbitrary arrests followed, mainly
targeting people from Equateur province.
The DRC’s second
presidential and legislative elections since independence took place
on 28 November. On 5 January, a constitutional amendment
changed the presidential electoral system from a
two-round voting system to a single round, first-past-the-post
vote. This amendment, and logistical problems including delays
in the electoral calendar, and controversy over the
revised electoral register, increased tensions between the
presidential majority coalition and the opposition.
The
national army, Forces Armées de la République Démocratique du Congo
(FARDC), continued its military operations against
foreign armed groups in eastern and northern DRC,
including the Democratic Liberation Forces of Rwanda (FDLR), the Lord’s
Resistance Army (LRA) and the Allied Democratic
Forces/National Army for the Liberation of Uganda
(ADF/NALU), causing further displacement of civilians. In January, the
national army started withdrawing troops for training
and redeployment as part of its reconfiguration. This
led to armed groups resuming control of former FARDC areas and the
desertion of armed groups recently integrated into
the army. A deteriorating security situation in North
and South Kivu ensued, with increased activity by the FDLR, Mayi-Mayi
Yakutumba and the Burundian Forces Nationales de
Libération (FNL). The army’s reconfiguration plan and
the 31 December 2010 presidential decree to redistribute ranks within
the FARDC created additional difficulties for the
already failing process of integrating former armed
groups into the FARDC.
On 28 June, UN Security Council Resolution
1991 (2011) extended the mandate of the UN
Organization Stabilization Mission in the DRC (MONUSCO) until 30 June
2012. It reiterated that future MONUSCO configurations
should be determined based on the evolving security
situation on the ground and on meeting objectives, such as improved
government capacity to protect the population. The
mandate included technical and logistical support for
the elections and continued support for a limited number of FARDC
military operations.
Armed
groups, including the LRA, the FDLR, FNL, the ADF/NALU and various
Mayi-Mayi groups, reportedly committed numerous human
rights abuses against civilians. These included rapes,
killings, looting and abduction, notably in Orientale, North and South
Kivu provinces. Mayi-Mayi armed groups targeted
civilians in protest against the government, despite
the government policy of integrating national armed groups into the army
as an incentive to stop fighting.
The former
armed group National Congress for the Defence of the People (CNDP),
which was integrated into the national army in 2009
while retaining its autonomy, allegedly committed
human rights violations including unlawful killings and arbitrary
arrests. Disputes between the army and armed groups
about control over mining areas also worsened the
security situation and prompted more abuses.
In May, FDLR fighters reportedly abducted 48 people and looted many houses in Mwenga territory, South Kivu.
The
LRA abducted civilians and forced them to carry looted goods in
Orientale province throughout the year. The LRA
remained a significant threat to the civilian population,
forcing thousands to flee. Armed groups also attacked humanitarian
workers on several occasions.
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The
periods before and after the elections were marked by unlawful killings
and dozens of arbitrary arrests by security forces,
including the Republican Guard.
- On 4
October, Mayi-Mayi Yakutumba reportedly ambushed a vehicle belonging to
Eben Ezer Ministry International, a Congolese NGO,
killing seven people, including four staff members, in
Kalongwe, Fizi territory, South Kivu.
- From
December 2010, FARDC soldiers and agents of the national police (PNC)
reportedly committed summary executions, rape and
lootings in the Mbororo community in Ango, Banda and
Buta territories, Orientale province.
- After
President Kabila was declared the winner of the contested elections on 9
December, Congolese security forces reportedly killed
at least 24 people, mostly in Kinshasa.
Rape
and other forms of sexual violence remained endemic and were committed
by government security forces, including the PNC, and
armed groups. Sexual violence often accompanied other
human rights violations, such as looting and torture. While some
prosecutions took place, impunity was still widespread
and victims were often threatened. Rape survivors did
not receive adequate support and assistance and continued to be
stigmatized. Male victims were particularly
marginalized.
- On 31 December 2010 and 1
January 2011, FARDC soldiers reportedly committed mass rapes
in Bushani and Kalambahiro villages, Masisi territory, North
Kivu.
- On 1 and 2 January, FARDC soldiers committed mass rapes in Fizi town, South Kivu.
- On 27 April, a PNC agent allegedly raped a 16-year-old girl in Mbuji-Mayi, Kasai, Orientale province.
- Between
November 2010 and January 2011, FDLR fighters raped at least 102 women
and one girl during attacks on villages in Katanga and
South Kivu provinces.
- In June, following
clashes between Mayi-Mayi Sheka and Alliance des patriotes pour
un Congo libre et souverain, elements of both armed groups
reportedly committed mass rapes in Mutongo and
surrounding villages, Walikale territory, North Kivu.
Armed
groups and the FARDC continued to recruit and use children, notably in
eastern DRC, despite hundreds being released. Children
continued to be abducted by armed groups,
particularly the LRA and the FDLR, and used as fighters, spies, sexual
slaves or carriers. Although the FARDC formally
stopped recruiting children in 2004, no plan of action
was adopted for separating children from armed forces, as required by
UN Security Council Resolutions 1539 (2004) and 1612
(2005).
An
estimated 1.57 million people remained displaced within the DRC,
including 1 million in North and South Kivu. Living
conditions remained dire both in camps and host communities.
In
July, the DRC, Uganda and UNHCR, the UN refugee agency, agreed on
voluntary repatriation of 32,000 Congolese refugees
living in Uganda.
Congolese nationals continued to be expelled
from Angola to the DRC. Some reportedly suffered human
rights violations, including rape, in Angola.
Torture
and other ill-treatment were committed by armed groups and government
security forces, including the FARDC, the national
police, the National Intelligence Agency and the
Republican Guard. Security forces often committed torture and other
ill-treatment in detention facilities following
arbitrary arrests. NGOs and UN officials continued to
be denied access to many facilities, and secret and unofficial holding
cells were still in use.
In July, the DRC
promulgated a law criminalizing torture. Implementing this legislation
remained a key challenge as security services continued
to commit torture and other ill-treatment, including
in illegal detention facilities.
- Between
27 July and 1 August, during a military operation in Rutshuru territory,
North Kivu, FARDC soldiers reportedly arbitrarily
arrested 27 people as a reprisal for alleged FDLR
collaboration. At least eight of them were allegedly subjected to
torture and other cruel, inhuman or degrading
treatment, and forced labour.
- On 13 April,
in Vusamba, Lubero territory, North Kivu, a PNC detainee was whipped
40 times before being freed because he could not pay the
US$40 requested for his release.
Military
courts continued to sentence scores of people to death, including
civilians. No executions were reported. On 23 June,
four policemen were sentenced to death for abducting
and assassinating a prominent human rights defender (see below).
The
justice system remained largely incapable of securing justice and
reparations for victims. Impunity for past and current
violations of human rights and international
humanitarian law remained widespread, despite some prosecutions and
convictions. Suspected perpetrators of crimes under
international law were not removed from their posts or
brought to justice. A lack of resources, corruption and political and
military interference continued to paralyse courts
throughout the country. Scores of civilians were tried
by military courts.
The Minister of Justice and Human Rights
submitted a draft law for establishing a specialized
court composed of Congolese and international personnel with
jurisdiction over genocide, crimes against humanity
and war crimes. The Senate rejected this draft law on
22 August.
- On 21 February, the South Kivu
military court in Baraka town sentenced nine FARDC
officers to between 20 and 10 years’ imprisonment for crimes against
humanity, including rape, committed during an attack
on Fizi town on 1 and 2 January.
Investigations launched into other cases proceeded slowly.
- Investigations
into the systematic rape of more than 300 women, men, boys and girls
committed in July and August 2010, in Walikale
territory, North Kivu, led to a trial against eight
suspected perpetrators, only one of whom was in detention. The hearings
were adjourned after the trial opened on 1 November,
due to the court’s decision to relocate the trial to
Walikale.
Judicial investigations into mass rapes and
other human rights violations committed by FARDC
soldiers in Bushani and Kalambahiro villages in North Kivu did not
progress significantly.
Prisons
continued to lack the resources to ensure people were detained in
conditions that met international minimum standards.
Several prisoners died as a result of these poor
conditions. Decaying facilities prevented women from being effectively
separated from men, and pre-trial detainees from
convicted prisoners. Prison escapes occurred
throughout the country due to limited resources and poor infrastructure.
On
7 September, 963 prisoners escaped from Kasapa prison, Lubumbashi,
Katanga province, following an armed attack. The
escapees included the former Mayi-Mayi chief Gédéon
Kyungu Mutanga, who was convicted of war crimes, crimes against humanity
and terrorism in March 2009.
Government
security forces and armed groups continued to attack and intimidate
human rights defenders, including through death
threats and arrests.
- On 28 January, the
president of a local NGO that had protested against illegal
exploitation of natural resources facilitated by the
provincial authorities was reportedly detained in
Gemena town, Equateur province. His arrest warrant reportedly stated
“incitement to rebellion” as a motive.
- On
1 and 2 February, the President and Vice-President of the African
Association for the Defence of Human Rights received
death threats following a press conference criticizing
the constitutional reform of the presidential electoral system.
- On
23 June, the Kinshasa/Gombe military court sentenced five policemen to
death in relation to the abduction and assassination
of prominent human rights defender Floribert Chebeya
and the disappearance of his driver, Fidèle Bazana, in June 2010. Other
key individuals allegedly involved were not
investigated.
The
administrative authorities and security services placed restrictions on
the freedoms of expression and association.
Government security forces forcibly repressed demonstrators,
and clashes occurred between supporters of various political
parties.
Journalists
Many journalists were threatened,
arbitrarily arrested, prosecuted, intimidated, warned
by state authorities not to report on certain subjects, and sometimes
killed for their work. Such violations increased in
the context of the general elections.
Radio stations and TV
channels were given official suspension orders and their premises
targeted for politically motivated violence.
- On
21 June in Kirumba, North Kivu, a community radio journalist was shot
dead by unidentified armed men, following remarks he
reportedly made about the security situation in the
area.
- On 1 September, a journalist was
beaten by agents of the Congolese Rapid Response
Police Unit while covering an opposition party demonstration in
Kinshasa/Gombe.
The
International Criminal Court (ICC) was due to deliver its judgement in
January 2012 in the case of Thomas Lubanga, charged
with war crimes consisting of recruiting and using
children aged under 15 for the Union des Patriotes Congolais armed group
in Ituri.
- In January,
Callixte Mbarushimana, Secretary of the FDLR, was transferred to the ICC
after his arrest in France in October 2010. On 16
December, the ICC Pre-Trial Chamber declined to
confirm the charges against him and ordered his immediate release. On
20 December, the ICC Appeals Chamber rejected the
Prosecutor’s appeal against this decision. Callixte
Mbarushimana was released on 23 December and returned to France,
where an investigation was ongoing into his alleged role in
Rwanda’s 1994 genocide.
- The trial of FDLR
leaders Ignace Murwanashyaka and Straton Musoni began in May in
Stuttgart, Germany, where they had been living. Both were
charged with crimes against humanity and war crimes.
- In
October, the President of the DRC reiterated the authorities’ refusal
to surrender Bosco Ntaganda to the ICC, which had
sought his arrest and surrender since 2006 on charges
of war crimes consisting of recruiting and using children in the armed
confl
Les
rapports se suivent... et se ressemblent. Le nouveau rapport 2013
d'Amnesty international (1) sur la République démocratique du Congo
observe que le retour du conflit entre les rebelles du M23 et le
gouvernement à l'Est du pays a considérablement aggravé la situation des
droits de l'homme dans le pays. "Exactions perpétrées par des
groupes armés, violences faites aux femmes, enfants soldats, personnes
déplacées, torture, procès inéquitables, arrestations et détentions
arbitraires, liberté d’expression"... la liste dressée par Amnesty est impressionnante.