UN REPORTS POINT TO POSSIBLE WAR CRIMES IN EASTERN DR CONGO

With two new United Nations reports detailing human rights abuses – including possible war crimes – carried out by both Government forces and rebels in the volatile far east of the Democratic Republic of the Congo (DRC), the world body's top rights official today stressed the urgent need for reforming the country's security and judicial systems.

Fundamental improvements in these sectors "are of paramount importance if both the authorities and the international community are serious about bringing lasting peace to eastern DRC," High Commissioner Navi Pillay said.

The new publications are a joint effort of the UN peacekeeping mission in the DRC (<"http://monuc.unmissions.org/">MONUC) and the Office of the UN High Commissioner for Human Rights (<"http://www.ohchr.org/EN/Pages/WelcomePage.aspx">OHCHR), and cover the period in late 2008 when heavy fighting engulfed North and South Kivu provinces.

One <"http://www.ohchr.org/Documents/Countries/Goma_KanyabayongaRapport_Septembre_2009.pdf">report focuses on the actions of Government troops, known by the acronym FARDC, some of whom took part in 12 arbitrary killings, as well as looting and sexual violence, of the very people they were supposed to protect in the North Kivu provincial capital, Goma, and surrounding areas as they fled advancing forces from the mainly Tutsi rebel group known as the National Congress for People's Defence (CNDP).

"As human rights violations by the FARDC are so significant, failure at the political and operational levels to act to remedy the situation in and of itself constitutes a serious human rights violation," the publication said.

The Government must take immediate and strong action on the violations committed by the Congolese armed forces, it emphasized. "Without profound change in the FARDC, the international community may be perceived as contributing to human rights violations as opposed to effectively supporting the desired change and this perception might affect its support to FARDC."

Despite some positive changes in FARDC's command structures in the wake of the Goma rampage, soldiers who committed these crimes remain in the area, according to local people.

The High Commissioner characterized the judicial response to the violations by the FARDC as "wholly insufficient."

She added that "that has, unfortunately, generally been the case since the [civil] war officially ended in 2002, and is one of the reasons why progress on the human rights front since then has been so deeply unsatisfactory."

The other <"http://www.ohchr.org/Documents/Countries/Kiwanja_Report_September2009.pdf">report highlights the rights violations committed by the CNDP, including at least 67 cases of arbitrary executions, during the 5 November 2008 killings in Kiwanja, North Kivu.

Following intense fighting between the CNDP and the Mayi Mayi militia, the CNDP carried out reprisal killings of villagers, mostly young men suspected of being members or collaborators of the Mayi Mayi.

"The fact that killings took place simultaneously in several different areas of Kiwanja and that they were preceded, days before the events, by public warnings by CNDP authorities that in case of a Mayi Mayi attack, the population would be held responsible may suggest that, at least to a certain extent, the 'opération ratissage' was retaliatory in nature and ordered and condoned by the command of the CNDP," the report found.

It also noted that in the aftermath of the attacks, MONUC was strongly criticized for not having protected civilians.

Not only is additional training of military personnel in peacekeeping operations necessary, the report said, but also, "the formulation of clearer criteria for exactly when peacekeepers are to intervene in order to protect civilians must take into account both the need for peacekeepers to possess knowledge of the dangers faced by civilians in a given situation, and the capacity of peacekeepers to make a positive difference in that situation."

Ms. Pillay pointed out that the CNDP's actions could amount to war crimes or crimes against humanity and "are part of a self-perpetuating pattern of brutality in eastern DRC which continues to go largely unpunished.

"I am deeply concerned that members of the CNDP who may be implicated in these crimes – especially Bosco Ntaganda, against whom there was already an International Criminal Court arrest warrant – are either still at large, or have even been absorbed into the FARDC."

Laurent Nkunda, who led the CNDP at the time of the Kiwanja attacks, was taken into custody this January.

The High Commissioner voiced hope that the announcement of a zero-tolerance policy on sexual violence by the Government will be followed by "concrete and immediate action to hold perpetrators accountable, particularly since sexual violence continues to take place on a daily basis."

DR Congo: Hold Army to Account for War Crimes

UN Security Council Should Demand Government Hold Soldiers Responsible

May 19, 2009

(New York) - The United Nations Security Council, visiting the Democratic Republic of Congo today, should vigorously condemn war crimes by Congolese army soldiers in the eastern part of the country, Human Rights Watch said.

Human Rights Watch urged the Security Council to condition UN support for Congolese military operations on the removal of known human rights abusers from command positions.

"The Congolese army is responsible for widespread and vicious abuses against its own people that amount to war crimes," said Anneke Van Woudenberg, senior researcher in the Africa division at Human Rights Watch. "The government should take urgent action to end these abuses. A military operation that targets the very people the government claims to be protecting can only lead to disaster."

Since late January 2009, soldiers from the Congolese armed forces, the FARDC, on military operations in eastern Congo, have attacked villages and killed at least 19 civilians in North Kivu province, including two women and two elderly men. Army soldiers have also raped more than 143 women and girls in the same period, more than half of the 250 cases of rape documented by Human Rights Watch. Some women were taken as sex slaves by soldiers and held within military positions.

In at least 12 villages in North Kivu province, including Miriki, Bushalingwa, and Kishonja in Lubero and Walikale territories, soldiers burned to the ground hundreds of homes and numerous schools and health centers. They pillaged and looted homes, and arbitrarily arrested at least 85 persons whom they accused of supporting rebel forces. Many of these people have been held without charge, subjected to beatings, and often released only after significant sums were paid. Civilians told Human Rights Watch researchers that they feared army soldiers as much as the Rwandan militias the army is supposed to be neutralizing.

In mid-January, the Congolese army began a joint military operation with the Rwandan armed forces against Rwandan militia groups, the Rally for Unity and Democracy (RUD) and the Democratic Forces for the Liberation of Rwanda (FDLR), some of whose leadership participated in the Rwandan genocide in 1994. The operation "Umojo Wetu" ("Our Unity") followed a rapprochement between the two countries and the demise of a Rwandan-backed Congolese rebel group, the National Congress for the Defense of the People (CNDP), which gave up its struggle against the Congolese government and joined the operation.

During a rapid integration process, at least 12,000 combatants from the CNDP and other rebel groups who agreed to join the military operations entered the Congolese army ranks. The integration has swollen the army's numbers in eastern Congo to an estimated 60,000 soldiers, exacerbating problems of discipline, pay, and command control that have plagued it for many years.

Operation Umojo Wetu ended in late February, when Rwandan soldiers left eastern Congo following an agreement that the Congolese army would continue military operations against the Rwandan militias with support from the UN peacekeeping mission in Congo (MONUC). This second phase, known as Kimia II, began in North Kivu in mid-April and is expanding to South Kivu province.

Since the start of military operations against them, the FDLR and RUD militias have committed war crimes in brutal "reprisal" attacks in North and South Kivu, deliberately attacking and killing at least 200 civilians. In an attack on May 9 and 10, an estimated 60 civilians were reportedly killed and many others wounded in Busurungi, in Walikale territory. Reports from local officials and witnesses indicate the FDLR were the attackers and that Congolese army soldiers based in Busurungi retreated, or were killed, leaving the civilian population unprotected.

During both phases of military operations, Congolese army soldiers have killed, raped, and looted. After Rwandan militias attacked the Congolese army at Miriki (Lubero territory) on March 7-8, killing at least 12 soldiers, including an officer, the Congolese army sent in reinforcements. According to local authorities and Miriki residents, Congolese army soldiers then summarily executed the local police commander, who had reportedly been arrested along with 39 other civilians accused of collaborating with the FDLR militia. Congolese army soldiers then proceeded to pillage and burn 155 houses. Witnesses told Human Rights Watch they saw two truckloads of well-armed soldiers returning to Kirumba later that day with the pillaged goods from Miriki.

In Bwavinyo, also in southern Lubero territory, Congolese army soldiers arrested the village chief on March 8, accusing him of having been aware of an FDLR attack on Bwavinyo earlier that day and not informing the Congolese army. He was released days later, after payment of over US$1,000 to Congolese army authorities. Soldiers then pillaged the village, saying that all the goods had belonged to the FDLR. On March 12, following a warning that the FDLR were close by, army soldiers began shooting randomly, killing four civilians who were on their way back to Bwavinyo from their fields nearby.

Congolese army soldiers repeatedly committed rape during operations, often accusing women of being supporters or wives of the FDLR. Many women and girls have been gang raped. In Kihonga (South Kivu), a woman was raped in her home by two soldiers, who then abducted her husband and forced him to transport their looted goods. He still has not returned. Days later, a 15-year-old girl was raped in the same village by two soldiers, while four other soldiers looted the house and then abducted her mother, who is still missing. Other women were abducted by soldiers to be sex slaves in their camps; they were told that if they ever tried to resist when soldiers wanted to have sex with them, they would be killed.

UN peacekeepers who support the Congolese army in these military operations have tried to minimize some of the abuses by army soldiers, but have been unable to do so in many circumstances. In at least one incident recently, UN peacekeepers fired warning shots over the heads of Congolese army soldiers to try to minimize their abusive behavior.

The 3,000 additional peacekeepers authorized by the UN Security Council in November 2008 have still not arrived in eastern Congo, despite promises from council members that they would urge a rapid deployment. Helicopters and intelligence support, desperately needed by the mission, have also not materialized. On April 9 in New York, Alan Doss, the head of the UN peacekeeping force, warned the Security Council that without such assets, MONUC's "capacity to respond quickly to emerging threats and protect civilians would be curtailed."

"Civilians are trapped, targeted by all sides in this conflict," said Van Woudenberg. "During their visit to Congo, Security Council members should tell President Joseph Kabila that UN peacekeepers cannot support military operations in which war crimes are being committed and that ongoing support will be conditional on concrete action by the Congolese government to bring such crimes to an end."

Human Rights Watch again raised concerns about the role played by known human rights abusers in the military operations supported by UN peacekeepers, including Bosco Ntaganda, who has been given a leadership role in the Congolese army despite an arrest warrant from the International Criminal Court (ICC), and Jean-Pierre Biyoyo, appointed a colonel in the Congolese army despite being found guilty by a Congolese military court of recruiting children into a militia group in March 2006.

Human Rights Watch also urged the council to ensure that Ntaganda is immediately removed from military duties, and to condition future MONUC operational support on his arrest.

"MONUC and the Security Council cannot turn a blind eye when known human rights abusers are in senior positions in military operations they support," said Van Woudenberg. "Congolese civilians urgently need protection from militia groups and abusers in their own army. If the council fails to act, it too will be complicit in putting civilians at risk."

Selected Witness Accounts

27-year-old woman from Bitonga (Masisi territory, North Kivu) who was abducted in late March 2009 by Congolese army soldiers and held as a sex slave in their camp for one month:

"I was in my farm with nine other women when the soldiers came and took us by force. I was with them in their camp near Bitonga for one month, and throughout this time, whoever wanted to would come and force me to have sex with them. They told me that if I ever tried to resist, they would kill me. There were about 18 soldiers in the camp, a mix of Tutsi and Hutu. I finally managed to escape when the soldiers sent me on my own to look for firewood. I was four-months pregnant when they abducted me, and I'm now in constant pain and am unable to walk. I don't think the baby is going to make it. The people in my village had all fled while I was gone because of abuses committed by the same FARDC soldiers who had abducted me."

40-year-old woman raped by four Congolese army soldiers in her house in Chebumba (Kalehe territory, South Kivu) on April 15:

"They came at night when I was asleep. We heard a banging on the door, and then they forced the door open, took my husband out of bed and tied him up. Four soldiers then started to rape me, one after the other, while three other soldiers looted all the goods in our house. I was four-months pregnant, but lots of blood started to flow while they were raping me and I've now lost the baby. The soldiers spoke Lingala, and I didn't understand what they were saying. Three other houses were visited the same night in my village. The soldiers who raped me have since been deployed further south, past Numbi."

15-year-old girl from Kihonga (Kalehe territory, South Kivu) who was raped last year by FARDC soldiers who made her pregnant. After giving birth in late March, she was raped again on May 5 by two FARDC soldiers:

"There were six soldiers who came into my house. They first raped my three-year-old sister, and then two of them raped me while the others looted our house. They threw my newborn baby onto the ground, and because of the shock he is in a lot of pain whenever anyone touches his legs. The soldiers were wearing military uniforms and they spoke Kinyarwanda. There were Hutus and Tutsis and other tribes as well. After they raped me, they took my mother away with them. She hasn't come back yet, and I think she must be dead. Five other houses in Kihonga were visited the same night by the soldiers."

25-year-old woman from Kihonga (Kalehe territory, South Kivu) who was raped in her house by two FARDC soldiers on April 25:

"It happened at night when I was in the house with my husband. We heard people knocking on the door, and they demanded that we open it. We refused, and then two soldiers forced the door open, came in the house, and tied up my husband. They then took me by force and started to rape me. They were both armed, in military uniform, and they spoke Kinyarwanda. One was Hutu and the other was Tutsi. Afterward, they took my husband with them to transport all the goods they looted from our house. I thought my husband would come back, but he never did. His family has since rejected me once they found out what happened, and I now have nowhere to go."

Man from Oninga (Walikale territory, North Kivu) who fled to Kirumba (Lubero territory, North Kivu) after the FDLR began attacking civilians:

"As we fled toward the government-controlled area, we were stopped by FARDC soldiers who looted all our money and goods, and they beat us badly, saying, ‘You came from where the enemies are, and you must be their collaborator.' Now that we've made it to Kirumba, we're constantly subject to ‘Opération Fenêtre' with our host families here: The soldiers come to the houses at night, stick the rifle of their guns through the window, and force us to hand over all the money, food, and objects in the house."

Displaced man from Katoyi (Masisi territory) in Lushebere:

"When I went home to look for food, I was stopped by FARDC soldiers, who forced me to transport their baggage all the way to Kalonge, where they were going for operations against the FDLR. When we got there, they made me give them my clothes and shoes. I was then left almost naked, as they whipped me, calling me an Interhamwe."

Local chief from Masisi territory:

"The FDLR say we are the ones who told the FARDC to come and chase them out of eastern Congo, while our soldiers blame us for having lived with the FDLR and say we're their brothers. We've become the enemies of all sides and don't understand anymore what to think."

DR CONGO: MORE THAN 30,000 FLEE NEW ATTACKS BY SPLINTERED REBEL FACTIONS

Even as some armed groups in the eastern Democratic Republic of the Congo (DRC) are being contained through peace pacts and military action, new fighting between other militias has driven more than 30,000 people from their homes, the United Nations refugee agency said today.

"The latest flare-up threatens to reverse the considerable progress made in the repatriation and resettlement of thousands of Congolese affected by previous conflicts in the area," William Spindler, spokesperson for the UN High Commissioner for Refugees (UNHCR), said in Geneva.

On 31 March, a group calling itself the Popular Front for Justice in the Congo (FPJC) attacked villages in the Ituri district between 50 and 80 kilometres south-east of Bunia, the administrative capital.

A few days later, on 2 April, the self-styled Revolutionary Front for Peace in the Ituri (FPRI) launched a counter attack in the area, UNHCR said.

According to the agency, in September 2008 FPJC splintered from the FPRI, a notorious group which has refused to participate in the peace process and has been blamed for major human rights violations in Ituri.

Many of the newly displaced include persons who were uprooted in raids mounted by the FRPI in 2006 in Ituri district and who were assisted to return to their homes by UNHCR in late 2006, Mr. Spindler said.

The eastern provinces of DRC have recently witnessed months of fierce fighting involving Government forces (FARDC) and various militia groups, displacing some 250,000 civilians, on top of 800,000 uprooted in earlier violence.

Last month, however, the Government and the National Congress for People's Defence (CNDP), one of the main combatants in the fighting, signed a peace accord.

Meanwhile, DRC and Rwanda launched a joint military operation to root out the mainly Hutu Democratic Forces for the Liberation of Rwanda (FDLR) from the east. A similar endeavour is under way in Haut Uélé province by Congolese and Ugandan forces to end the threat of the Ugandan rebel Lord's Resistance Army (LRA) in DRC.

Despite these efforts, in his latest report on the DRC, Secretary-General Ban Ki-moon calls the situation in the east "fluid and volatile," partly because of the multiplicity of armed groups, requiring continued international attention.
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DR CONGO: UN ENVOY HAILS NEW PACT WITH REBELS IN STRIFE-TORN EAST

The top United Nations envoy to the Democratic Republic of the Congo (DRC) has hailed an accord signed yesterday between the Government and a rebel group that was a key combatant in fierce fighting, which uprooted hundreds of thousands of people last year, in the country's east.

"The population of the eastern DRC, above all women and children, have been for too long the victims of armed conflict, displacement and sexual violence," Alan Doss, the Secretary-General's Special Representative, said after taking part in the signing ceremony of a political and security agreement between the Government and the National Congress for People's Defence (CNDP).

"If they are respected, these accords could have an extremely positive impact on the life of the people of the two Kivus," added Mr. Doss, who also heads the UN peacekeeping mission (MONUC), referring to the North and South Kivu provinces which were most affected by the fighting that flared up last August.

In its combat with national armed forces, known as the FARDC, that displaced some 250,000 people last year, the mainly Tutsi CNDP, formerly led by renegade general Laurent Nkunda, nearly overran the North Kivu capital of Goma, the scene of yesterday's signing ceremony.

MONUC has re-deployed some 90 per cent of its nearly 17,500 peacekeepers to the strife-torn east, where not only the CNDP and the Government army, but also the mainly Hutu Democratic Forces for the Liberation of Rwanda (FDLR) and other rebel groups such as the Mayi Mayi have repeatedly clashed in various permutations and shifting alliances.

Yesterday's accords, reached after months of negotiations, foresee the end of all hostilities, the transformation of armed groups into political parties and the return of refugees and displaced persons, according to a MONUC press release.

The Secretary-General's Special Envoy for the Great Lakes region, Olusegun Obansanjo, and his African Union counterpart, Benjamin Mpaka, co-facilitated the talks and were also present at the signing ceremony.

Conflict in the east continues, however, as a joint offensive by the DRC and Rwanda has not stopped the FDLR's violence and joint operations with Uganda failed to end the threat of the Lord's Resistance Army (LRA), a rebel group that originated in the latter country.

The UN High Commissioner for Refugees (UNHCR) reported today that another 11,000 people have been driven from an area around the village of Banda in north-eastern DRC this month by LRA raids, bringing the total number of people displaced by them in the Haut Uele district of Oriental province to over 188,000 in the last six months.

Since September 2008, over 990 Congolese have been murdered by the LRA and some 750 abducted, the vast majority of them children, whom the group is notorious for forcing into combat or utilizing as sex slaves.
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RELATIONS BETWEEN RWANDA AND DR CONGO FOCUS OF BAN'S TALKS IN KIGALI

RELATIONS BETWEEN RWANDA AND DR CONGO FOCUS OF BAN'S TALKS IN KIGALI
New York, Mar 1 2009 3:00PM

Secretary-General Ban Ki-moon and President Paul Kagame discussed the situation in the border region between Rwanda and the Democratic Republic of Congo (DRC) today during their meeting in Kigali, the current stop on the United Nations chief's five-nation Africa trip.

"I expressed to President Kagame my satisfaction at the steps he has taken to open a new chapter in Rwanda-DRC relations," Mr. Ban told reporters after his meeting, adding that he is "heartened" by the President's intention to establish full diplomatic relations with DRC.

In a move supported by the UN peacekeeping mission in DRC (MONUC), DRC and Rwanda launched a joint military offensive in January against the ethnic Hutu militia known as the Democratic Liberation Forces of Rwanda (FDLR), which has caused havoc in the eastern part of DRC for years.

Mr. Ban noted that t
he joint operation appears to have made progress. At the same time, he urged President Kagame "to ensure that these operations do not affect negatively the civilian population and humanitarian access to those in need."

Just a couple of weeks ago, MONUC reported that the FDLR is conducting a campaign of terror, systematically raping, murdering, looting and abducting civilians in an attempt to undermine the joint operation.

Since then the mission has boosted its efforts to protect and reassure threatened populations, mostly in North Kivu province where some 250,000 civilians have been uprooted by fighting between Hutu groups, a mainly Tutsi militia known as the CNDP, the Congolese armed forces (FARDC) and others since August.

Mr. Ban had a chance to hear some of the concerns of the civilians uprooted by the fighting, when he met earlier in the day with a group of people living in the Kibati camp for internally displaced persons (IDPs) near Goma, the provincial capital of North Kivu.

"Their first concern is security," Mr. Ban noted during his visit to the camp. "Even though they want to return, they fear that when they do, they may be attacked by the FDLR. This must stop, and the United Nations, led by MONUC and the FARDC will provide the necessary security and safety to those returning to their homes."

Another concern is humanitarian assistance, and in this regard, the Secretary-General appealed for support from all quarters to enable the UN and others to provide the vital relief that the IDPs need.

He also expressed his gratitude to the many aid agencies and their partners who are assisting those at the camp, which at the peak of the crisis sheltered more than 80,000 IDPs. It currently has some 20,000 residents.

Mr. Ban noted that his visit to the camp, as well as yesterday's meeting in Goma with victims of sexual violence, has "strengthened my resolve to work even harder for all those many people who
need our support."

In addition to DRC and Rwanda, the Secretary-General also visited South Africa and Tanzania on his current trip, which will take him next to Sharm el-Sheikh, Egypt, for an international conference on Gaza's reconstruction.

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RWANDAN REBEL ATTACKS LEAD TO MORE DISPLACEMENT IN EASTERN DR CONGO, UN SAYS

RWANDAN REBEL ATTACKS LEAD TO MORE DISPLACEMENT IN EASTERN DR CONGO, UN SAYS
New York, Feb 24 2009 10:00AM

The United Nations High Commissioner for Refugees (UNHCR) said today it continues to be extremely worried about rising violence against civilians in the eastern Congolese province of North Kivu, where attacks by Rwandan Hutu rebels have sparked new displacement.

UNHCR spokesperson Ron Redmond told a news conference in Geneva that thousands have been uprooted since 13 February, when the Democratic Forces for the Liberation of Rwanda (FDLR) began carrying out attacks in Masisi, Lubero and Walikale areas in North Kivu, in the strife-torn eastern region of the Democratic Republic of the Congo (DRC).

"Using firearms and bush knives, the FDLR has attacked Kipopo, Remeka and Kamuobe near Masisi and Kanyatsi and Busigho near Lubero, killing civilians and raping women," Mr. Redmond reported.

"Local authorities have informed us that some 3,000 people have been internally displaced in Remeka village, some 20 kilometres south of Masisi, following a recent FDLR attack. Some of these internally displaced people are staying in churches and schools and others have taken shelter at several UNHCR-assisted sites around the town of Masisi."

He added that a joint UN team is heading out today to Kitanga, on the outskirts of Masisi, to monitor and assess the needs of the newly displaced.

In addition, there are also growing fears of reprisal attacks by the FDLR – composed mainly of Rwandan Hutus who arrived in the DRC in the wake of the 1994 genocide in Rwanda – against civilians suspected of collaborating with the joint DRC-Rwanda military operation against the rebel group that began in late January.

The UN peacekeeping mission in DRC (MONUC) last week condemned the "cowardly terror tactics" employed by the FDLR. The mission has boosted its efforts to protect and reassure threatened populations, mostly in North Kivu province where some 250,000 civilians have been uprooted by fighting between Hutu groups, a mainly Tutsi militia known as the CNDP, the Government army and others since August.
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