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Museveni says U.N., Congo must deal with his rebels - Associated Press - 16 jun. 08 - 11.04h

Congo rebels recruiting in Uganda- UPDF - General Laurent Nkunda is secretly drafting Ugandans into his forces to fight the Kinshasa government - The Monitor - 22 may. 08 - 12.11h

Renegade Congolese General Laurent Nkunda is secretly drafting Ugandans into his forces to fight the Kinshasa government, the Ugandan military said on Tuesday.

This revelation follows the arrest on Sunday of 2nd Lt John Nganiza at Total fuel station in Kashari, Mbarara District as he tried to smuggle 13 men he had enlisted from Kakoba Division to join Gen. Nkunda’s Congolese National and Democratic Party/ Congolese National Army (CNDP/ANC).

The suspects include Mr Emmanuel Karekyezi, Mr Francisco Ntezimana, Mr Emmanuel Rusanganwa, Mr Joseph Ngamija, Mr Mugisha Ndamasene, Mr Poster Nsabimana, Mr Onori Nkundizana, Mr Emmanuel Twagirayesu and another man identified only as Bahati.

Others are Mr Tarsis Njurimwami, WO II Gasoli Apolinyeri, Staff Sgt. Esien Nsigaro and Cpl. Abdu Halerima.
Capt. Tabaro Kiconco, the UPDF Spokesman in western Uganda said the recruits were to be transported through the border district of Kanungu allegedly to get work placements in eastern Democratic Republic of Congo.

“He [2nd Lt. Nganiza] deceived the recruits that he was taking them to work in the DRC because there are a lot of job opportunities there,” Capt. Kiconco said while parading the suspects before journalists at Makenke Barracks on Tuesday.
He identified 2nd Lt. Nganiza as an intelligence officer belonging to the pro-Tutsi Gen. Nkunda militia with training and operational bases in north Kivu province.

The army retrieved a mobile phone and Shs150, 000 from 2nd Lt. Nganiza and said the money was to be used to transport the recruits across the porous frontier.

Brig. Charles Otema, the commanding officer of the UPDF 2nd division said: “Arresting and handing them [the dissidents] over to DRC government is the measure we have taken to protect our population. We can’t allow them to destabilise our country.”

Late last year, Ugandan intelligence officials seized an omnibus in Kanungu District, carrying refugees from Nakivale settlement camp in Isingiro District, who were allegedly poised to join Gen. Nkunda’s forces.

The cocktail of insurgents based in the eastern DRC include the Interahamwe better known by the acronym FDRL, fighting the Paul Kagame-led Rwandan government.
The UPDF is now on alert in Kanungu and Kisoro districts following reports of repeated incursions by Congolese rebels on Ugandan soil.

It was not yet clear when Ugandan authorities intend to turn the renegades over to the administration in Kinshasa. As a signatory of the Tripartite Plus security agreement, Uganda like other partner states; the DRC, Rwanda and Burund is obliged to hand over such belligerents to countries of origin.

RD Congo: Arbitrary executions, rape, torture and other forms … - Monthly Human Rights Assessment: October 2007 – MONUC - 28 nov. 07 - 15.47h

Summary: Germain Katanga, warlord and leader of the Force de Résistance Patriotique en Ituri (FRPI) militia was transferred to the International Criminal Court (ICC) for trial; In Kisangani, Province Orientale, two military magistrates were subjected to cruel, inhuman and degrading treatment by FARDC soldiers acting on the orders of the Commander of the 9th Military Region;

On 26 October 2007, the Independent Expert on the human rights situation in the DRC, Mr. Titinga Pacere, addressed the UN General Assembly’s Social, Humanitarian and Cultural (third) Committee. He stated that the human rights situation in the DRC remained a matter of grave concern, characterized by arbitrary executions, rape, torture and other forms of cruel, inhumane and degrading treatment perpetrated by the FARDC and the PNC as well as armed groups, in a climate of total impunity.

In Katanga Province, an attempted prison break in Buluwo resulted in five deaths; The “Gédéon” trial continued before the Kipushi Military Tribunal, Katanga Province; MONUC and Congolese military justice officials conducted a second investigative mission into allegations of mass rape perpetrated in Lieke Lesole, Opala territory, Orientale Province; FARDC and PNC elements were responsible for a huge number of violations of the rights to life and physical integrity, including rape.

Main developments

1. On 30 September 2007, two military magistrates attached to the Office of the Military Prosecutor in Kisangani, Orientale Province, were subjected to cruel, inhuman and degrading treatment by FARDC elements acting on the orders of the Commander of the 9th Military Region. The men were arrested at their residence located in the Makiso commune at around 5:00 p.m. by General Kifwa himself, accompanied by twenty members of his security detail.

They were undressed, severely beaten in the presence of members of their respective families and subsequently taken to the Katele military camp, almost naked and with their hands tied behind their backs where they were again subjected to severe beatings. On the morning of 1st October, they were further humiliated by being exposed during the weekly military parade presided over by General Kifwa. The victims were admitted to a local clinic in a serious condition.

2. In reaction to the above incident, all civilian and military magistrates operating in the city of Kisangani went on strike and subsequently, on 2 October 2007, addressed a memorandum to the President of the Republic in which they condemned the recurrent intrusion and interference in the independence of the judiciary by senior military commanders, in violation of the Congolese Constitution and international norms and standards as well as the use of torture, cruel , inhumane or degrading treatment by the Commander of the 9th Military Region.

The signatories to the memorandum also recommended that the perpetrator should be suspended, replaced and brought to justice, sine qua non condition for the end of the strike; the clarification of the type of relationship that should exist between the military leadership and the judiciary and an end to interference of high-ranking officers in the administration of justice. MONUC condemned the illegal arrest and mistreatment of the magistrates in a press release issued on 4 October 2007. MONUC also supported the demands expressed in the memorandum signed on 2 October by Magistrates of Kisangani; recommended that the Commander of the 9th Military Region and his subordinates should be immediately suspended and brought to justice; and urged the relevant authorities to take all necessary measures to guarantee the independence of the judiciary in the DRC.

3. Germain Katanga, leader of the Force de Résistance Patriotique en Ituri (FRPI) militia in Ituri, was transferred to the International Criminal Court (ICC) on the night of 16-17 October 2007 with the assistance of Congolese authorities. He is accused of having committed crimes against humanity and war crimes in Ituri in 2002 and 2003. Germain Katanga was allegedly involved in many serious massacres committed in Ituri, including in Nyakunde in September 2002 where at least 1200 civilians were massacred by FRPI militiamen under his command.

Germain Katanga also allegedly directed many other massacres including those of Bunia, Komanda and Bogoro where hundreds of civilians were tortured, enslaved and killed. Germain Katanga was promoted to the rank of General in the FARDC on 10 January 2005, together with five other former warlords of Ituri, all accused of similar crimes. He was arrested on 11 March 2005 together with Thomas Lubanga and with three other leaders of the Lendu/Ngiti militias (Floribert Ndjabu, Goda Sukpa, Pitshou Iribi).

4. On 26 October 2007, the Independent Expert on the human rights situation in the DRC, Mr. Titinga Pacere, addressed the UN General Assembly’s Social, Humanitarian and Cultural (third) Committee. He stated that the human rights situation in the DRC remained a matter of grave concern, characterized by arbitrary executions, rape, torture and other forms of cruel, inhumane and degrading treatment perpetrated by the FARDC and the PNC as well as armed groups, in a climate of total impunity.

He deplored the fact that in North-Kivu, the ongoing clashes involving pro-Nkunda soldiers have been accompanied by serious human rights violations. He denounced the widespread problem of sexual violence, most specifically in North-Kivu, South-Kivu and Equateur Provinces. He called upon the authorities to give special priority to preventing and combating the prevailing climate of impunity. To this end, he called for the creation of an International Criminal Court or mixed Chambers specifically to deal with crimes in the DRC, and urged the government to adopt a “zero-tolerance” policy for perpetrators of serious human rights violations.

5. On 3 October 2007, a joint team composed of the MONUC/Kisangani and the Congolese military justice officials, the Administrator of Opala territory, UNPOL and Milobs conducted a second investigative mission into allegations of mass rape perpetrated in Lieke Lesole, Opala territory, Orientale Province, from 21 July-3 August, by a group of Mayi Mayi under the command of Col Thoms. The team interviewed 29 victims of rape, including 8 minors as well as 24 victims of ill-treatment and extortion. Mayi Mayi elements under the command of a certain Col Thoms were allegedly responsible for 114 cases of rape and other human rights violations committed in Lieke Lesole from 21 July to 3 August 2007.

6. In Katanga Province, on 15 October 2007, an attempted prison escape at the high security prison in Buluwo -110 km north of Lubumbashi - resulted in five deaths, three inmates and two policemen, and injury to eleven persons, including prisoners, FARDC soldiers and policemen. Most of the inmates at Buluwo are military prisoners and have been sentenced to death, life in prison, other long prison terms or are political detainees. The mutiny was triggered by a decision taken by the Acting Deputy Director of the prison to provide the PNC and FARDC prison guards with food from the inmates’ food supplies.

FARDC soldiers were responsible for at least ten cases of arbitrary execution as well as other human rights violations, particularly violations to the rights to physical integrity, liberty and security of persons throughout the DRC

7. On 30 September 2007, two civilians were allegedly arbitrarily executed by two FARDC corporals of the 24th Integrated Brigade, close to the Parking market- 49 km northeast of Beni, North-Kivu. According to reliable sources, the perpetrators had forced the men to carry their personal belongings and then shot them at point- blank range because they showed signs of fatigue before arriving at their destination. The same sources indicated that, in order to cover up their act, the two FARDC elements claimed that the men had been killed during an attack by a group of ADF/NALU (Ugandan rebels). The Office of the Military Prosecutor has already identified the perpetrators.

8. On 27 October 2007, a mother and her four children were shot dead by a FARDC soldier in Gbado, Commune of Maluku, Kinshasa. The alleged perpetrator later committed suicide. According to police sources, he frequently assumed the role of a policeman with the complicity of his brother, the Commander of the local police station. Earlier that day, he had reportedly had an altercation with a bandit. Apparently, in retaliation, he later went to the man’s home and shot his wife and four children.

9. On 9 October 2007, in Cagala, territory of Walungu, South-Kivu Province, a civilian was allegedly shot dead by FARDC soldiers in his private residence. The victim’s wife was also injured during the attack.

10. In Butembo, North-Kivu Province, armed men in military uniform believed to be FARDC soldiers were allegedly responsible for two cases of arbitrary execution. On the night of 20-21 October 2007, a woman was shot dead by an armed man in military uniform and on the night of 24-25 October 2007, a business man was shot dead in similar circumstances’. No one has yet been arrested in connection with the killings.

11. On the night 13-14 October 2007, the driver of the former Governor of North-Kivu Province was allegedly shot dead in Goma, North Kivu, by an armed man believed to be a soldier of the 14th Integrated Brigade. The victim’s wife, a six-month pregnant lady, was also seriously injured during the attack. She was admitted to the local hospital in a critical condition.

12. In Gwoknyeri (27 km west of Mahagi, Ituri), in a local bar, thirteen civilians were threatened with death and one of them was shot on his right leg by a FARDC sergeant, on 29 October 2007. All victims were suspected of stealing his magazine. The perpetrator was later neutralized by the bar customers.

13. In Ituri, on 12 October 2007, a minor was allegedly raped by a FARDC soldier of the 1st Integrated Brigade in Ayforo -45 km north of Aru. The alleged perpetrator is still at large.

14. In South-Kivu, on 29 September 2007, between the villages of Kasagi II and Mankulu, a woman was allegedly threatened with death and subsequently raped by a soldier of the 11th FARDC Brigade based in Shabunda.

15. In North-Katanga, on 9 October 2007, ninety-two civilians, including women, residents of the village of Kahese-80 km southwest of Manono- in the Collectivity of Kyofwe, Groupement of Mbayo- were subjected to cruel, inhuman and degrading treatment as well as extortion by 25 FARDC soldiers of the 67th Brigade. The alleged perpetrators were on official mission to the area in order to arrest a number of men suspected to be Mayi-Mayi combatants. The victims have lodged a formal complaint with the Office of the Military Prosecutor in Kalemie.

16. In Province Orientale, on 27 September 2007, a civilian was arbitrarily arrested, illegally detained over a period of 12 days, and beaten up by six FARDC soldiers in Makangba -48 km of Isiro-.

17. On 9 October 2007, a truck driver was allegedly arrested, extorted and subjected to ill-treatment by a group of FARDC soldiers under the command of a Lieutenant in Ngote- 32 km west of Mahagi-, Ituri, on the grounds that he had refused to give a ride to the wife of one of the perpetrators.

18. In Kasaï oriental, on 6 October 2007, a civilian was allegedly extorted and subjected to ill-treatment by five FARDC soldiers in the Commune of La Muya, Mbuji Mayi. The victim was admitted to the local hospital.

19. In North-Katanga, on the night of 23 October, a woman was allegedly arbitrarily arrested and illegally detained with her two month-old baby in place of her husband by two FARDC soldiers of the 671st Battalion in Kafumbe - 90 km southeast of Manono-.

PNC elements were implicated in serious human rights violations during the month in review, in particular, violations of the rights to life and physical integrity, including torture and rape

20. On 27 October, a police officer shot dead a motorcycle taxi driver in Butembo, North Kivu Province during clashes with a group of taxi drivers who were passing with the body of a dead colleague on a police vehicle. Earlier that day, the discovery of the dead body of the motorcycle taxi driver in the Commune of Bulengera had resulted in a mass demonstration by the other taxi drivers which was dispersed by the PNC at around 11:00 a.m.

In reaction to the arbitrary execution of their colleague, the taxi drivers set fire to the PNC vehicle. They subsequently set up roadblocks on the main streets of the town, set fire to the house of the policeman who had killed their fellow taxi man and also to the PNC station in the Mususa Commune.

21. On 21 October 2007, two civilians were shot dead by a PNC officer in Mwene Ditu, Kasaï Oriental Province. The alleged perpetrator together with three other PNC officers met with resistance from local residents when they went to arrest a suspect. The PNC officer subsequently fired at the crowd killing two civilians. The alleged perpetrator went into hiding but his colleagues were arrested and transferred to the Office of the Military Prosecutor.

22. In Ituri, on 2 October 2007, a 90-year-old arson suspect was allegedly tortured to death by two policemen in the locality of Djupuyaka, Mokambo collectivity -southeast of Mahagi-. Local sources indicated that the victim was wrongfully suspected of arson and was severely beaten during his arrest and transfer to Apala. On 12 October 2007, he succumbed to his injuries.

23. In Kasaï Oriental, on the night of 6-7 October 2007, two civilians, including a theft suspect and a PNC collaborator, were allegedly shot dead by a PNC officer in the village of Muhemba Nzewu, District of Kabinda -80 km southeast of Mbuji Mayi-. According to local sources, one of the victims resisted arrest on legal grounds as it was 11:00 pm, whereas the second victim, a PNC collaborator, was killed by accident as he was trying to neutralize the suspected thief. The PNC has opened an investigation into the case.

24. On 16 October 2007, an inmate sentenced to life imprisonment for libel against the Head of State, forgery and the use of forgery, and criminal conspiracy in Katanga Province was allegedly abducted and summarily executed, by the Groupe Mobile d’Intervention (GMI), in connection with the Buluwo Prison mutiny of 15-16 October 2007. Local sources revealed that the victim died as result of cruel, inhuman and degrading treatment. The dead body was transferred to the mortuary of the General hospital in Likasi, Katanga Province.

25. In Equateur, on the night of 30 September 2007, two minors were allegedly raped by a FARDC soldier and a PNC element, in the locality of Yandongi, District of Mongala (540 km northeast of Mbandaka). According to victim’s parents, the two minors were intercepted, taken to the nearby forest, threatened with death and subsequently raped.

26. In Maniema Province, on 6 August 2007, a minor, who was detained at the local PNC holding cell, was allegedly raped by the PNC Commander in Punia -230 km northeast of Kindu-. The Commander had relocated the victim to his private residence, reportedly on security grounds. The victim was threatened and subsequently raped by the PNC commander. The alleged perpetrator was arrested and detained at the local prison.

27. In Ituri, on 22 October 2007, a minor was allegedly raped by a PNC officer of the Groupe Mobile d’Intervention (GMI) in Bunia. The victim’s father has lodged a complaint with the local PNC. The alleged perpetrator was arrested

28. In Kasaï Occidental, on the night of 23-24 October 2007, a minor was allegedly gang raped by two policemen, at the Kananga railway station. The victim was admitted to the local clinic whereas as one of the suspects was arrested and detained at the PIC (Police d’ Investigation Criminelle) holding cell

29. In Kasaï Occidental, on 22 September 2007, a minor was allegedly raped by two policemen attached to the Katoka II PNC sub station, Kananga. The victim was intercepted, taken to one of the holding cells and alternately raped by the two policemen. The perpetrators are still at large.

30. In Kasaï Oriental, in the neighborhood of Bubanji, Commune of Diulu, Mbuji Mayi, a minor was allegedly repeatedly raped by a PNC officer attached to the mines Office, in connivance with his junior sisters, over a period of 72 days (since 4 August 2007). The alleged perpetrator and his accomplices were arrested and detained on 12 October 2007.

31. In Kasaï Occidental, on 24 October 2007, a woman was allegedly gang raped by four PNC officers in Mashala, Territory of Dibengue. The alleged perpetrators were arrested.

32. On 29 October 2007, a minor was allegedly intercepted and subsequently raped by a policeman in Bandundu Ville. The alleged perpetrator was caught in flagrante delicto by the victim’s mother. He was later arrested and transferred to the Office of the Military Prosecutor. In an unrelated case, on 28 October 2007, a minor was allegedly victim of an attempted rape by a policeman in the locality of Bulungu, District of Kwilu -200 km north of Kikwit, Bandundu Province-. The alleged perpetrator was arrested and transferred to the local PNC headquarters.

33. In Katanga, on 24 October 2007, a fisherman was allegedly subjected to ill-treatment by two elements of the naval police in the locality of Kapolowe -120 km northeast Kipushi-. The victim was repeatedly beaten up and subsequently detained at the PNC sub-station in Kapolowe. He was later admitted to the local hospital in a critical condition. One of the two alleged perpetrators was arrested and detained.

34. In Kinshasa, eleven journalists were briefly arrested, detained and allegedly struck by PNC officers attached to the Funa PNC station in the Commune of Kalamu on 30 October. The victims were reportedly preparing to cover a meeting organized by members of the extra-parliamentary opposition scheduled for later that day. According to the local PNC, the meeting was “not authorized”. The police officers allegedly confiscated the personal belongings of the journalists during their arrest.

Implication of other security services in Human Rights violations

35. On the night of 22-23 September 2007, in the neighborhood of Mikonga, Commune of Nsele, Kinshasa, a woman was allegedly shot dead and her husband injured by two men in Republican Guard uniforms. The assailants had attempted to extort the couple. The victim died on the spot whereas her husband was admitted to the local hospital.

36. On the night of 4-5 October 2007, a civilian was allegedly extorted and shot dead in his car, in presence of his wife, by two armed men wearing Republican Guard uniforms, in the neighbourhood of Binza, Commune of Ngaliema, Kinshasa.

37. On 2 October 2007, a civilian was allegedly arbitrarily arrested and subjected to cruel, inhuman and degrading treatment by two ANR elements in the village of Bishile -45 km from Kongolo, Katanga Province, who accused him of facilitating prostitution. The victim was admitted to the local hospital in a critical condition.

38. In North-Katanga, on 19 October 2007, a journalist was allegedly arbitrarily arrested, illegally detained and severely beaten by 12 ANR agents in Kongolo - 350 km northeast of Kalemie-, causing injury to his right eye. The victim had gone to the ANR office to verify a report. He was admitted to the local hospital for treatment.

39. In Kasaï Oriental, on 12 October 2007, a civilian was allegedly arbitrarily arrested and illegally detained for four days in place of his son by the local ANR. The victim’s son was suspected of embezzlement in a local company.

Members of armed groups have continued to commit human rights abuses on the populations of North and South Kivu

40. In North-Kivu, on the night of 28-29 October 2007, a civilian was killed, three others were injured by machete and a minor was abducted by Mayi-Mayi combatants commonly referred to as “Baraka Group” in the Groupement of Mwenye, territory of Lubero.

41. On 15 October 2007, two diamond traders were allegedly extorted and shot dead by two Mayi-Mayi combatants in the locality of Kikonde, territory of Fizi -141 km south of Uvira-South Kivu Province.

42. Still in South-Kivu, on the night of 31 October-1 November 2007, three civilians were allegedly abducted and taken to an unknown destination and a local clinic was looted during an attack carried out by the FDLR in the village of Kabushwa/Katana -42 km north of Bukavu-.

Administration of Justice

43. During the month of October the trial of former Mayi Mayi leader, Kyungu Mutanga, alias “Gédéon” continued before the Kipushi Military Tribunal in Katanga Province. Several witnesses testified to the implication of Mayi Mayi elements under the command of Gédéon in armed attacks, murder, arbitrary executions, cannibalism, mutilation, rape and sexual slavery in the territory of Mitwaba in 2004.

Throughout the hearings, Gédéon categorically denied his involvement and claimed to have learned of the different accusations brought against him and his men for the first time in court. On 30 October the Prosecutor informed the Tribunal that 11 new persons, including Gédéon’s wife, two children and bodyguards, were officially summoned to appear before the court.

44. On 6 October 2007, a former FNI militia member who was among the persons charged with the murder of two MONUC Military Observers in Mongbwalu in May 2003, and had escaped from the Bunia Prison on 13 January 2007, was captured by the PNC in Mongbwalu. He was sentenced in absentia to life imprisonment for war crimes by the Bunia Military Court on 19 February 2007. He was officially notified of his sentence by the Office of the Military Prosecutor in Bunia on 10 October. After the notification was delivered, his lawyer immediately filed a motion against the judgment, therefore effectively requesting a new trial for the accused. The new trial began on 23 October before the Bunia Military Tribunal.

45. In South-Kivu, on 27 October 2007, fifty-seven civilians, including 20 women, accused of practising witchcraft, were arbitrarily arrested in Luvungi -58 km north of Uvira- illegally detained, subjected to ill-treatment and subsequently transferred to Lemera -80 km north of Uvira- by elements of the FARDC 12th Integrated Brigade with the complicity of local traditional leaders. Local sources indicated that the 57 were detained under very inhumane conditions at the residence of the traditional leader (Mwami) of the Bafulero tribe to await tests aimed at determining if they were indeed involved in the practice of witchcraft.

All 57 detainees were released following the intervention of the UNHRO on 31st October and most of them were transported back to Luvungi. Comment: It’s important to point out that Congolese Law does not recognise witchcraft as an offence and therefore the arrest of the 57 civilians was completely arbitrary. The Mwami’s action is illegal and is punished under Art. 57 of the Penal Code.

46. In South-Kivu, two cases of mob justice were reported, respectively in Bukavu and Burhale, Territory of Walungu. In Bukavu, on the night of 29-30 October 2007, a civilian suspected of theft was lynched by the local population. In Burhale, another theft suspect was beaten to death by the local residents.

Prisons and other Detention Centres

47. On 1 October 2007, the inmates of Kindu Central Prison, Maniema Province, staged a violent protest against the appalling conditions at the detention facility. They prevented the rehabilitation work on a section of the prison and ransacked the Director’s office. The protest was provoked by a fight between two military inmates and a civilian, resulting in injury to all three. The situation was brought under control in the afternoon following the intervention of the PNC Provincial Inspector, the Public Prosecutor as well as the Military Prosecutor. The three injured and another inmate who had been sick for over two weeks were taken to the Kindu General Hospital for treatment.

48. On 16 October 2007, a 64-year-old man died while in detention at the Office of the Military Prosecutor holding cell in Lodja, Kasaï Oriental Province. The victim had allegedly been arbitrarily arrested and illegally detained over a period of 14 days for receiving stolen goods. Despite his deteriorating health condition, the victim was not granted bail to go to the local clinic. In reaction to his death, the local population staged a violent demonstration which was subsequently dispersed by the PNC. The Office of the Public Prosecutor has opened an investigation into the case.

49. Mass escapes from prisons and holding cells in the DRC continued throughout the reporting period. Cases were registered in Equateur Province and in Ituri. In Gemena, ten inmates escaped from the local central prison on the night of 17-18 October 2007. During the night of 16-17 October 2007, a group of 14 inmates, charged with serious crimes, including rape, murder and armed robbery reportedly escaped from the Mahagi Central Prison. On the night of 21-22 October 2007, ten suspects escaped from the PNC holding cell in Thedeja - 21 km southeast of Mahagi-Ituri. In Equateur Province, between 16 and 22 October 2007, five inmates escaped from the Gbadolite Central Prison - 950 km north of Mbandaka.

50. On the night of 22-23, an inmate escaped form the Kalemie Central Prison in North Katanga Province. Still in North-Katanga, on 13 October 2007, two PNC officers charged with rape escaped from the FARDC (Inspection Judiciaire Militaire) holding cell in Kongolo. The guard on duty was arrested and detained.

51. In Province Orientale, during a visit of the Ministers of Justice and Human Rights, nine inmates of the Kisangani Central prison were granted conditional release (libération conditionnelle) for having served a quarter of their sentences and for good behaviour, in compliance with Articles 35 and 38 of the penal Code.

52. During the night of 3-4 October 2007, an inmate escaped from the PNC holding cell in Aru, Ituri. The two FARDC soldiers on duty were allegedly drunk. They went into hiding after the escape. In Ituri, on 9 October 2007, two inmates escaped from the Bunia Central Prison. In North-Katanga, during the night of 4-5 October 2007, three inmates escaped from the Kalemie central prison.

R. Mountain: Progress has been very disappointing bringing sexual violence perpetrators to justice - Nina Yacoubian / MONUC - 06 nov. 07 - 13.30h

With the continuous tense situation in East of the country triggering more sexual violence against women, we talked to MONUC Deputy Special Representative of the UN Secretary General, Ross Mountain, about this issue and the efforts that the international community and the DRC government are doing to solve the problem.

INTERVIEW

Is sexual violence a long term societal problem in the DRC or it is just a result of war?

The further tragic dimension is that while the conflict has largely stopped, this practice continues on.

The tradition, as I understand it, has been to look after women and protect them in the different societies. Therefore, it is very largely a result of a protracted conflict in this country.

The further tragic dimension of this, however, is that while the conflict has largely stopped, this practice continues on, and frankly, given the very large number of cases, it continues to face women across this country.

Did you get any statistics on the number of victims of sexual violence?

It is quite hard to get specific statistics. Overall, I am sorry to say that we are dealing literally with hundred of thousands of victims over the last couple of years. For example, there was a UNFPA survey of roughly half of the health centers, last year, and that found 50,000 cases reported. If that many cases were reported, how many cases are really there.

In South Kivu alone, in 2006, we were looking at something like 25,000 cases. This is an extraordinary large problem. It is not just an anecdotal problem but a massive one that demands we all combined try and make sure that essentially not only women who are victims of rape and abuse are treated but that sexual violence must stop.

Who are the perpetrators?

Historically, it has been men in uniform on demand and, indeed, they remain the largest perpetrators as well. Today, they include clearly militias and the armed forces of this country as well as, and I am sorry to say, the police. That remains the prime group of perpetrators.

At the same time, however, the proportion that has been committed now by civilians, who are not military and uniform personnel, is increasing. That is a very troubling sign.

Is the government doing anything special to change this situation?

The proportion that has been committed now by civilians is increasing. That is a very troubling sign.

The government has been involved with the international community in what is called the “initiative conjointe” which brings together a number of UN agencies as well as national and international civil society and various ministers.

They deal first with the treatment of victims such as medical treatment and psycho-social treatment, and then, with their reinsertion back into their community or another community because of the stigmatization problem that unfortunately lingers on.

The government is also concerned with the issue of bringing perpetrators to justice. I am sorry to say that this is the weakest part of this exercise. While some progress has been made on the treatment side, and we have remarkable examples like Panzi Hospital, and MSF Hospital in Bunia, in terms of bringing the perpetrators to justice, progress has been very disappointing.

There have been some examples, such as in Equateur, where some seventy eight members of the military battalion were accused of having raped nearly 120 women. With the support of the international community and MONUC human rights, we managed to get some 12 of them brought before military justice where about six were convicted.

Unfortunately, with the current state of the prisons in this country, after a month or two nobody was in custody. I offer this as an example of the challenge that is before us and that is why we are working with our government partners to see how we can focus indeed specially on the area of justice and impunity. Without that, we fear that the dissuasion that is necessary for those who continue to repeat such practices will not have effect.

What exactly MONUC is doing?

MONUC is very involved with the humanitarian community in the protection of civilians. Our military forces are deployed around internally displaced camps and accumulations to provide protection and to discourage violence against civilians.

Unfortunately, with the current state of the prisons in this country, after a month or two nobody was in custody.

MONUC combine with the UN country team here, which is in this area led particularly by the UN Population Fund (UNFPA) to put together an integrated program that deals with all aspects of this. We are actively working with government partners in terms of making sure that this is denounced at all levels, that such violations are reported.

We are doing what we can collectively to ensure that those who are identified can be brought to justice. It is a long road, but it is a road that certainly has been started and we are determined that progress will be made.

What are the humanitarian agencies doing for sexual violence victims?

In my capacity as a humanitarian coordinator, I do have fund at my disposal for humanitarian work. This is one of the areas we have prioritized to ensure that, on one hand, protection is provided to avoid more of this happening, and on the other hand, victims of sexual violence do receive the kind of comfort and support that is obviously very important.

Currently we are concerned about the conflict that is going on in North Kivu where since September, there are about 150,000 people, including women and children, who have been displaced from their homes. Indeed, since last December, we were up to 350,000 displaced. That means in the province as a whole, we have currently about 800,000 displaced persons.

Unfortunately, we have seen at the same time an increase of sexual violence in the province again mostly perpetrated by men in uniform and that is something that clearly the UN agencies and the NGO partners as well as MONUC military are very sensitive about and very concerned that they do all that is possible to, on one hand stop these thing from happening and protect the population, and, on the other hand, try to bring relief, comfort and care to those who are victims.

Tens of thousands of people have been displaced from their homes: Each time it is the civilian population that suffers - E. Young & B. Grujic / MONUC - 14 sep. 07 - 16.55h

Tens of thousands of people have been displaced from their homes following the clashes in North Kivu province between troops loyal to ex General Laurent Nkunda and the DRC Armed Forces (FARDC). In an interview, Patrick Lavand’homme, head of the Office for the Coordination of Humanitarian Affairs (OCHA) in Goma explained the current humanitarian situation, and the efforts being made to assist those displaced.

Interview

What is the humanitarian situation now?

Since the clashes the first consequence was the lack of humanitarian access for NGOs and UN agencies on the ground. Therefore we are restricted in being fully able to check the humanitarian situation on the ground.

We made a report on population displacement, initially in a rather small way, and then we made some assessments of population movements, which increased as clashes increased.

Today there is several tens of thousands of families arriving into Goma, from Sake but also from zones south of Masisi, including Ngungu. We have tried our best to respond to the situation but as I said, we have a limited access and for the moment the humanitarians are concentrated on Goma, and on the southern axes of Sake.

All the other axes, towards Masisi, Kitchanga and Rutshuru are not accessible any more.

Where are the displaced people located, and in what numbers?

Today we only have cumulative numbers for those displaced since December 2006, when we had the first Sake crisis. There are displaced today who are still in these original sites. More recently we have 3,000 more internal displaced people in the camps, or in families of reception.

The principal zones of concentration are the axes north of Rutshuru, Goma and the most recent are on the southern axes of Sake towards Bweremana and there are many isolated pockets which are emerging every day.

We have telephone contacts with partners on the ground in Masisi, Kitchanga and Mueso, but we do not have a real access and therefore we don’t have precise figures.

What was the first humanitarian action to assist those displaced?

The first step was to give water, shelter kits, food and primary care health, primary assistance which will save lives.

But to assist those displaced one needs to do more than giving individuals shelter kits. It is also necessary to set up a census system, and we work with the committees for the displaced and then NGOs and UN agencies, to try to check these lists in order to be able to set up distributions.

Do you collabourate with the Congolese authorities?

There is indeed a collabouration with the Congolese authorities. Recently in Goma we had to identify a first site for the displaced with the reintegration minister for North Kivu. But this site was not sufficient, so it is necessary to identify other sites with the authorities.

We worked with the Congolese authorities on the protection of the population, in order to have the police force present around the sites, to avoid cases of rapes and other problems.

We asked the army not to have soldiers circulating in the zones where there are displaced people, and to make the soldiers understand that the assistance is humanitarian aid intended for civilians and not for soldiers. It is within this framework that we work with the authorities.

How have those displaced responded to the international community’s assistance?

For the displaced populations, it should be known that some have been displaced since November or December 2006. They are really very tired of being displaced. Those newly displaced were displaced at the time of the first clashes in late 2006.

Today they find themselves displaced again and there is an enormous frustration at the level of the population.

It is a frustration towards the government, but also towards the UN agencies and NGOs because they pose overall questions as to who is responsible, who has done what?

But I think they are starting to have a comprehension of the mission of the international humanitarians, NGOs and UN agencies who are here trying to ease their suffering as much as possible.

Overall they are in a very precarious situation. I would like to add that it is a worrying situation. There is nothing but displaced people. In Rutshuru, there is a huge amount of displaced people in host families which has given them hospitality for the last six or nine months.

These host families have become poor in assisting their compatriots. More and more the host families are suffering because of insecurity, with less and less access on the ground. They are not able to cultivate the land, and thus there is real impoverishment in the whole of Rutshuru and Masisi.

How do you feel the situation will evolve in the days and weeks to come?

Today, we are in a relatively calm situation, as there is a suspension of hostilities between the two parties, the dissidents and the FARDC. One has the impression of being in the eye of the storm, which is to say we are in a calm period, but we don’t know what what will happen next.
We are very afraid. All the humanitarians had already envisaged a contingency plan since July, to cater for more than 280,000 newly displaced in the province.
One is approaching this scenario more and more and we are really appealing to have a political solution, a negotiated solution, so that the weapons will stop firing, because each time it is the civilian population that suffers.