April 1997 Vol. 9, No. 2 (A)

ZAIRE

TRANSITION, WAR AND HUMAN RIGHTS

ABBREVIATIONS 3

SUMMARY 4

RECOMMENDATIONS 6

THE STALLED TRANSITION 11

Mobutu Ushers in Mobutu 11

The Kengo Government 13

The Protocol of Agreement 15

Preconditions for Elections 16

Reform of the Military and Security Services 17

Reform of the Territorial Administration 17

Elections on Hold 18

THE WAR 18

The Spreading Violence 19

The Role of Foreign Forces 20

Violations of the Laws of War by All Parties to the Conflict 22

Zairian Armed Forces (FAZ) and Militia Attacks on the Banyamulenge 22

Attacks by the ADFL and its Allies on Refugee Camps 24

Human Rights Abuses by the Interahamwe and Ex-FAR 27

Interference with Humanitarian Aid 28

Attacks on Other Zairian Civilians 29

The Transitional Agenda of the ADFL 30

THE RIGHTS DENIED 33

Freedom from Arbitrary Arrests and Detention 33

Freedom of Association and Peaceful Assembly 35

The Emerging Civil Society 36

Restrictions on Assembly 37

Freedom of Expression 39

Attacks on the Media and Journalists 40

Confiscation of Political Literature 42

Freedom of Movement 43

The Right to Nationality 44

SHABA: A REGIONAL PERSPECTIVE 45

Background 45

Elections Climate 48

Repercussions of the War in Shaba 50

"Pay As You Go": Justice and General Insecurity 52

Arbitrary Detentions 52

Impunity for Abuses 53

Compromising the Independence of the Judiciary 54

The Case of Lieutenant Mukelenge 55

Civil Society-Human Rights NGOs 56

THE ROLE OF THE INTERNATIONAL COMMUNITY 56

The European Union 57

The United States 58

The United Nations 59

The O.A.U. and Other Regional Initiatives 60

Converging and Diverging Initiatives 61

ACKNOWLEDGMENTS 63