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DEMOCRATIC REPUBLIC OF CONGO

Human Rights Concerns

Since the establishment of the Government of National Unity in Kinshasa (the Transitional Government) in June 2003, peace has eluded eastern parts of the Democratic Republic of Congo (DRC), particularly in Bukavu and the wider Kivu region, Ituri and Northern Katanga. The recent fighting in Bukavu is only the latest event in a pattern of deteriorating security and massive violations of international human rights and humanitarian law.

Rebellious factions of former rebel groups and other armed groups that have not joined the transitional process use violence to oppose integration into the new DRC army and to challenge the authority of the fragile DRC transitional government. Leaders of the former rebel groups have apparently encouraged or tolerated these challenges even while taking part in the Transitional Government. The Kinshasa transitional authorities have been unable to meet the political challenges and have failed to stop the violence.

The cumbersome power sharing agreement and the distrust among the groups taking part in the transition—as well as those who are outside it—are likely to result in future violence and human rights abuses. The situation may become even more threatening as the Congolese approach the elections set for mid-2005. Failure to meet these challenges will increase the chances of a new crisis in the DRC and a return to conflict, likely destabilizing the entire Central Africa region. This outcome, however, is not inevitable. Progress can be made in the DRC if there is an increased and consistent commitment from the international community and the African Union.

Violence in Bukavu

The violence against civilians in Bukavu, the capital of South Kivu province, followed the May 26 clash between soldiers loyal to Colonel Jules Mutebutsi, a commander from the Rally for Congolese Democracy-Goma (RCD-Goma) who had been suspended from the integrated national army in late February 2004, and pro-government forces of the newly created Tenth Military Region under the command of General Mbuza Mabe. At least one soldier from Mabe’s forces was killed in the fighting. Over the following two days, soldiers from Mabe’s forces killed civilians of the minority Banyamulenge ethnic group in apparent reprisal for the killing of their fellow soldier. Some Banyamulenge were apparently targeted because they were of the same ethnicity as Mutebutsi.

The Banyamulenge, often referred to as Congolese Tutsi, are Congolese people whose ancestors migrated generations ago from Rwanda and Burundi to the high plateau area in South Kivu. Relations between the Banyamulenge and other Congolese groups have been strained and are frequently manipulated by politicians in both Rwanda and the DRC. The past six years of war have contributed to hostility against them, as they are increasingly identified as “Rwandan” by other Congolese. Rwanda has partially justified its presence in the DRC as an effort to protect the Banyamulenge people. This justification was significantly undermined, however, when in 2002 they attacked the Banyamulenge homelands killing scores of Banyamulenge civilians, shooting some of them from Rwandan helicopters.

Brigadier General Laurent Nkunda, another RCD-Goma commander based in North Kivu, moved some one thousand of his forces south to support Mutebutsi in taking control of Bukavu on June 2. Nkunda claimed that he “wanted to protect his people.” Some Banyamulenge people, as well as other civilians, were killed but it seems unlikely that the military operation was motivated solely by this concern. In the ongoing struggle for power in eastern DRC, ethnicity frequently serves to cover other motives for action.

A large number of DRC army troops have since been deployed to eastern DRC, following DRC government accusations that Rwanda had amassed troops along the border. The UN High Commissioner for Refugees has reported that by June 18 over 25,000 Congolese had fled into Burundi.⁹

Abuses by soldiers of the Tenth Military Region under the command of General Mbuza Mabe

In Bukavu, Soldiers of the Tenth Military Region killed at least fifteen civilians, most or all of them Banyamulenge, between May 26 and 28. They were said to have killed some of these civilians during searches for hidden weapons and Banyamulenge soldiers. In several cases, they rounded up small groups of young Banyamulenge men and summarily executed them.

Soldiers of the Tenth Military Region and some people who were not Banyamulenge suggested that the people killed were armed and preparing to fight on the side of Colonel Mutebutsi. But this was not the case in several incidents verified by Human Rights Watch, among them incidents involving women and children. Soldiers also attacked at least one international humanitarian agency in Bukavu. Local sources reported that General Mabe may have tried to stop the killings of Banyamulenge after May 28 and to have some of those responsible arrested. Human Rights Watch has no confirmation of this information.

Abuses committed by forces loyal to Brigadier General Laurent Nkunda and Colonel Jules Mutebutsi

Nkunda and Mutebutsi claimed that they took control of Bukavu to stop the killings of Banyamulenge people, but their own forces also killed civilians and carried out widespread sexual violence and looting. As Nkunda’s soldiers marched from Goma to Bukavu, they attacked numerous villages along the way. Several other killings of civilians were reported during the period when these commanders had control of Bukavu.

International and local sources reported that dissident forces went from house-to-house raping and looting. Many women and girls were so fearful of being raped that they went into hiding. Individual soldiers or groups of soldiers raped women and girls, including several three-year-old girls.

Human Rights Watch has previously documented in detail how brutality against civilians, and specifically sexual violence, is an integral part of the war in eastern DRC. Soldiers responsible for acts of sexual violence have committed war crimes.

Rwanda’s Involvement

Rwanda has been the chief supporter of the RCD-Goma since this movement began its rebellion against the Congolese government in 1998. General Nkunda was trained in Rwanda and had close ties with the Rwandans while serving with the RCD-Goma. In October 2002, Rwanda withdrew its troops from DRC, but reports persist about the continued involvement of Rwandan forces in eastern DRC. On April 21, 2004, 400 Rwandan soldiers stopped a MONUC (U.N. Mission in the Democratic Republic of the Congo) patrol in North Kivu asked it to withdraw to its base. Rwanda has denied the presence of its troops in eastern DRC.

In Bukavu, local sources alleged that elements of the Rwandan military were present during recent events. They claimed to have identified commanders they knew from the previous Rwandan occupation and also claimed to have been able to distinguish vehicles, weapons and uniforms as those of the Rwandan army. Following these reports, President Kabila accused Rwanda of colluding with the rebels in their efforts to take Bukavu. The Rwandan government has angrily denied the accusations and closed its border with the DRC on June 6.

Justice and Accountability

The abuses committed in Bukavu demonstrate what can happen when past crimes go unpunished. As an August 2002 Human Rights Watch report documented, General Nkunda commanded RCD-Goma soldiers who indiscriminately killed civilians, committed numerous rapes, and carried out widespread looting in Kisangani.¹⁰ Despite condemnation of these crimes, neither General Nkunda nor other officers were investigated or charged. To the contrary, Nkunda was proposed by the RCD-Goma to help lead the unified army, as were a number of officers from other former rebel groups who have been implicated in war crimes and crimes against humanity over the past years. Although Nkunda did not take up the post, the message had been sent that authors of such crimes would be rewarded with government positions and would not be punished.

Action by the African Union

The Chairperson of the Commission and the PSC have condemned the recent violence in Eastern DRC. On June 11, the Chairperson denounced the attempted coup and noted that he had twice dispatched envoys to the DRC to consult with the parties on A.U. actions to facilitate the peace. The Chairperson and the PSC have also acknowledged the increasingly strained relations among members of the Transitional Government and have called upon all parties to cooperate fully with the peace process. On June 4, the PSC also condemned “incitement of ethnic hatred and any other act likely to generate discord among local communities”¹¹ and called upon regional governments, especially the DRC and Rwanda, to make efforts to improve relations.

The PSC has called upon the U.N. Security Council to increase the size of MONUC and to provide it with the resources it needs to effective implement peacekeeping operations. It also asked all A.U. member states to “stand ready to provide troops to the U.N. to strengthen MONUC.”¹²

The Chairperson of the Commission has decided to dispatch an envoy to the DRC and Rwanda. The PSC has supported this decision and encouraged him to “to take any other initiative he would deem necessary to overcome the current crisis.”¹³

Most recently, on June 25, President Olusegun Obasanjo mediated talks between President Kagame and President Kabila. The two Presidents agreed to work towards defusing tensions. They also agreed to a joint mechanism to monitor border activities for compliance with the 2002 peace agreement and Kagame has called for international support for the mechanism. In a joint statement following the talks, Kagame and Kabila said they would work together to disarm and repatriate Rwandan militia troops in eastern DRC.¹⁴

Recommendations to the African Union