Observatory for the Protection of Human Rights Defenders Annual Report 2009 - Democratic Republic of Congo

Political context

The year 2008 was marked by the war that took hold again in the east of the country, the heightening of tensions between the Congolese political stakeholders and, in this context, a significant restriction of fundamental freedoms that was seriously detrimental to human rights defenders. Indeed, the Goma Peace Agreement signed in January 2008 and the "Amani Leo" ("peace now" in Swahili) programme were undermined by the violent fighting that started again in August between the troops of the National Congress for the People's Defence (Congrès national pour la défense du peuple – CNDP) of the dissident General Laurent Nkunda and the DRC Armed Forces (Forces armées de la RDC – FARDC), to gain control in particular of natural resources and certain areas of North Kivu province. International humanitarian law and human rights law were totally violated during the clashes. The civilian population was victim to summary execution, rape, forcible recruitment, theft, pillaging and other violations committed by the armed forces involved. The population en masse was forced to escape the fighting and go either to displacement camps or to Uganda.

Faced with this situation of open conflict, the position of the Government authorities and the rebels hardened with regard to any voice raised in protest, whether by the political parties or civil society, and that, in their view, might undermine their authority. Freedom of expression, peaceful assembly and association were particularly impaired in 2008: several independent media, such as the Molière television channel, were closed down by decree of the Ministry of Communications, or were attacked by the security services, in particular after broadcasting interviews with members of the opposition. Several journalists were arrested in this regard and were still being held in arbitrary detention as of the end of 2008. In addition, despite the introduction of an information policy under Article 26 of the Constitution, the organisation of public demonstrations remained in practice subject to arbitrary Government approval.¹

The increased tensions can also be explained by the crucial progress made in international justice in 2008: on May 24, the Belgian authorities arrested Mr. Jean-Pierre Bemba Gombo, President of the Movement for the Liberation of Congo (Mouvement pour la libération du Congo – MLC) and former presidential candidate in 2006, in compliance with the international arrest warrant issued by the International Criminal Court (ICC) for crimes allegedly committed by the latter and by men under his command in the Central African Republic between 2002 and 2003. In addition, the trial of Mr. Thomas Lubanga, former rebel chief of the Union of Congolese Patriots (Union des patriotes congolais – UPC),² which opened on June 23, was due to resume in 2009 in The Hague.

Broadly speaking, human rights defenders in DRC paid a heavy toll in 2008 and were given no protection by the Government.

Campaigns of stigmatisation and threats against NGOs and defenders fighting against impunity and supporting the work of the International Criminal Court

In 2008, civil society organisations and their members involved in the fight against impunity for the authors of serious human rights violations, particularly by supporting international justice, and who demand full respect for the Congolese Constitution and the establishment of a democratic regime in DRC, continued to face repression by the authorities in power.

Members of the Voice of the Voiceless (Voix des sans voix – VSV) were subject to acts of intimidation after they denounced the killing of a member of the family of Mr. Laurent-Désiré Kabila in January 2008. VSV called, in particular, for a fair trial following this murder.

Since then, VSV members have regularly been the target of tailing and telephone taps, and their offices were put under surveillance by security agents. Further, in June 2008, the Alliance of Patriots for the Refundation of the Congo (Alliance des patriotes pour la refondation du Congo – APARECO) published a press release on its Internet site titled "J. Kabila is extremely angry and orders the killing of Floribert Chebeya, President of the Voice of the Voiceless", in which President Joseph Kabila ordered the National Intelligence Agency (Agence nationale des renseignements – ANR) to eliminate physically Mr. Floribert Chebeya Bahizire, accusing VSV of having seized the diplomatic authorities, in particular the French Ambassador in the DRC, to intervene on behalf of former members of the Zaire armed forces who had allegedly been kidnapped, arrested, held in secret detention and, in some cases, summarily executed.³ Similarly, in March 2008, Mr. Christophe Ngulu Maene, a member of the local Goma branch of the Committee of Human Rights Observers (Comité des observateurs des droits de l'Homme – CODHO), was subjected to death threats made by the military. On July 5, 2008, while Mr. Christophe Ngulu Maene was in France for the World Forum on Human Rights, unknown persons, claiming to be from the army in Goma, made death threats by telephone to his wife, in the following terms: "Your husband has gone to Europe to make accusations against us to the ICC, we'll be waiting for him, as soon as he gets back, we'll cut off his head [...]. He's the one at the CODHO office who handles the cases of the deaths of Major Lumoo Buunda and his aunt Véronique Ndoole Furaha after Ms. Chantal Sifa Bunyere escaped.⁴ He will pay for it dearly". Fearing for his safety, Mr. Christophe Ngulu Maene was obliged to extend his stay in Europe.⁵ In addition, in November 2008, Mr. François Batundi Lunda, a member of the CODHO team of researchers in the CNDP-occupied administrative districts of Masisi and Rutshuru, was forced to escape from DRC after death threats were made by several officers of the CNDP army while he was on a mission in the Rutshuru district in north Kivu, where grave violations were committed against the civilian population.⁶

NGOs that work closely with the ICC were particular targets throughout the year. As an example, FIDH, the African Human Rights Association (Association africaine des droits de l'Homme – ASADHO), the Lotus Group (Groupe Lotus – GL) and the League of Electors (Ligue des électeurs – LE) were insulted and threatened by persons linked to or belonging to the MLC, especially following the arrest of Mr. Jean-Pierre Bemba in May 2008. For example, Mr. Dismas Kitenge, President of GL and Vice-President of FIDH, was accused on May 28, 2008 of having "sold Bemba to FIDH and to the Westerners", and was warned of the fate in store for him if Mr. Bemba was found guilty. Furthermore, in June 2008, UPC members threatened Messrs. Christian Lukusha and Joël Bisubu, members of Justice Plus working in Bunia, after they spoke out publicly on the decision by the ICC Trial Chamber on June 13, 2008 to suspend proceedings against Mr. Thomas Lubanga. Mr. Christian Lukusha had expressed his reaction on Radio Okapi, accusing in particular the United Nations of having refused to grant repeated requests by the ICC Prosecutor's office to lift the confidentiality of the documents that had been transmitted, and considering this decision to be an impediment in the fight against impunity and the establishment of international justice. Mr. Joël Bisubu expressed himself in similar terms on the BBC. These defenders had to leave Bunia, as they feared for their physical safety. In addition, in July 2008, relatives of Ms. Carine Bapita, a member of the organisation Women and Children for Human Rights (Femmes et enfants pour les droits de l'Homme – FEDHO) and a Congolese lawyer representing victims at the ICC in the Thomas Lubanga case, had to go into hiding after being subjected to threats and acts of intimidation.

The Network of Interdependent Youth Organisations of Congo-Kinshasa (Collectif des organisations des jeunes solidaires du Congo Kinshasa – COJESKI-RDC) was threatened after publishing a statement in September 2008 in which it called on the Head of State to use his constitutional privileges to put a definitive end to the war and the insecurity that was tearing the country apart. In particular, Several COJESKI-RDC regional coordinators received threats made through anonymous phone calls. Furthermore, during the night of October 22, 2008, armed soldiers unsuccessfully tried to force the gate of the COJESKI-RDC headquarters in Kinshasa. They also threatened the COJESKI-RDC security guards who refused to let them in. As at the end of 2008, the members of COJESKI-RDC continued to receive threats.⁷

Judicial harassment: a tool to muzzle defenders

In 2008, judicial harassment was still used as a tool to muzzle dissident voices in the country, and members of organisations that denounce the violations in eastern DRC and in the rest of the country were treated as enemies of the State or traitors and suffered fierce repression by the Government as well as the militia and armed groups. Human rights defenders therefore remained a favourite target, as was the case with Mr. Georges Mwamba Wa Mwamba, GL Public Relations Officer, who was arrested while he prepared to deliver an invitation to a university event to the ANR Director in Kisangani. He was placed in detention, subjected to ill-treatment by ANR agents and accused of "spying" and "destabilising the Head of State", charges that were later re-qualified as "attempted arson" and "communicating with a political detainee". He was released on June 10, 2008 but his case had still not been closed as at the end of 2008. In addition, on July 16, 2008, the Advocate General to the Kinshasa/Gombe High Court informed Mr. Amigo Ngonde, Honorary President of ASADHO, that a complaint had been filed against him by Mr. Théodore Mugalu, head of President Joseph Kabila's "civil house"⁸ for "defamation" and "damaging allegations", following the written denunciation by Mr. Ngonde of the arbitrary arrest of a women's rights activist at the beginning of 2008. As at the end of 2008, Mr. Ngonde was still required to remain available for further questioning by the court.

Attacks and threats against defenders supporting the victims of sexual violence

En 2008, the lives of defenders who denounced sexual violence continued to be at risk, as was the case of Ms. Wabihu Kasuba, in charge of monitoring activities on behalf of the organisation Voice of Those with No Voice or Freedom (Voix des sans voix ni liberté – VOVOLIB) and councillor at the Panzi Support Centre for Victims of Sexual Violence, who was killed on May 18, 2008 in south Kivu.⁹ In March 2008, Ms. Thérèse Kerumbe, member of the association Women's Solidarity for Peace and Integrated Development (Solidarité féminine pour la paix et le développement intégral – SOFEPADI), received threats while she was in Europe to take part in an advocacy mission organised by FIDH on the fight against impunity and sexual violence in DRC. Requests for protection made to the local authorities by SOFEPADI went unanswered and, with threats increasingly made against her, Ms. Kerumbehad to escape from Bunia, in Ituri. Despite repeated applications to the Prosecutor, SOFEPADI had received no assurance of her safety and it remained impossible for her to return as at the end of 2008. Further, in November 2008, SOFEPADI Coordinator Ms. Noella Usumange Aliswa and her family were attacked at their home in the town of Bunia. She was seriously injured and had to be evacuated to South Africa to receive appropriate care. This attack appeared to be directly linked to the work of SOFEPADI in support of women victims of the conflict. In July 2008, the staff of the Psychological and Medical Centre for the Rehabilitation of Torture Victims (Centre psycho-médical pour la réhabilitation des victims de la torture – CPMRVT/Kitshanga) were the target of threats and acts of harassment by CNDP, which wanted to get hold of the medical registers containing the identities of victims of sexual violence treated by the Centre.¹⁰

Impunity for the murder of journalists defending human rights

In 2008, the United Nations Mission in DRC (Mission des Nations unies en RDC – MONUC) referred to the tense atmosphere that prevailed in Bukavu and to the threats made against defence lawyers in the appeal trial following the murder of Mr. Serge Maheshe, a journalist with Radio Okapi, a radio station that plays an essential role in the fight against violence and arbitrary acts, especially in eastern DRC.¹¹ In March 2008, several NGO members who observed the trial were intimidated by the military Auditor General for having revealed the serious violations of norms concerning the right to a fair trial. In this climate of impunity, on November 21, 2008, Mr. Didace Namujimbo, also a journalist with Radio Okapi, was shot and killed near his home in Bukavu. Although the Bukavu General Prosecutor opened an investigation, those responsible for the killing had still not been identifiedas at the end of 2008.

Harassment of defenders fighting against illegal exploitation of natural resources

The authorities are particularly sensitive to anything concerning natural resources, and defenders of economic, social and cultural rights who denounce the effects of mining and forestry on the environment, or cases of corruption, are exposed to threats and obstacles to their work. As an example, on March 21, 2008, Mr. Hubert Tshiswaka, then Executive Director of Action for Impunity against Human Rights (Action contre l'impunité pour les droits de l'Homme – ACIDH), based in Lubumbashi, and currently a member of the Open Society Institute for Southern Africa (OSISA), was arrested by ANR for distributing a leaflet denouncing the lucrative contracts signed between the Congolese Government and certain multinational corporations in the Katanga mining region, and the misappropriation of public funds by the Congolese authorities. He was released the same day due to the absence of charge against him. Furthermore, at the end of 2008, proceedings were still pending against 27 human rights defenders from Bumba, in Equateur province, for "defamation and damaging allegations", after they had addressed a petition to the Government denouncing abusive forestry exploitation by the Industrial and Forestry Company of DRC (Société industrielle et forestière de DRC – SIFORCO). This petition had been drawn up during a seminar organised by VSV in Bumba in September 2006.¹²

Threats against freedom of association

In 2008, many human rights associations continued to work without legal status in spite of completing all the required administrative formalities. Members of these associations were routinely the target of harassment, intimidation and threats of arrest by the administrative and security services. On September 9, 2008, the Minister of Justice and Human Rights published in the national press a long list of 140 NGOs, including ASADHO, GL and VSV, presenting them as operating illegally despite the fact that they hold licences to operate, as do many others. He accompanied this publication with a smear campaign against human rights NGOs. The campaign was taken up by the State media, especially the Radio télevision nationale.

Urgent Interventions issued by the Observatory in 2008¹³

1 In October 2008, violence was used to break up marches organised by teachers and students calling for an improvement in teachers' working conditions, of which the authorities had been notified.

2 UPC is a militia group operating in Ituri. Mr. Lubanga was the first person to be handed over to the ICC in March 2006, accused of recruiting children under 15 years old and making them take active part in the 2002-2003 hostilities.

3 See VSV.

4 In February 2008, Ms. Chantal Sifa Bunyere, President of the Women's Association for Assistance to the Underprivileged (Association des Femmes pour l'assistance aux défavorisés – AFAD), received death threats from unknown persons claiming to be soldiers, after she had denounced to the military justice those allegedly responsible for the murder of Major Lumoo Buunda during the night of February 16, 2008 in Goma and of his aunt Véronique Ndoole Furaha, who was killed one month earlier. As at the end of 2008, threats continued against Ms. Sifa Bunyere.

5 See Committee of Human Rights Observers (CODHO).

6 Idem.

7 See VSV.

8 The "civil house" of the Head of State is an institution attached to the Presidency of the Republic and is responsible for dealing with the family affairs of the President and his family.

9 See ACHPR Special Rapporteur on human rights defenders Press Release, June 17, 2008.

10 These threats followed reports by MSF/Holland referring to a great number of women victims of sexual violence in the area under CNDP control.

11 See MONUC Human Rights Division, Human Rights Monthly Assessment – April 2008, June 17, 2008.

12 In February 2008, the High Court of Mongala district based in Lisala declined jurisdiction to rule on the complaint filed by SIFORCO in March 2007 against these 27 defenders. Following this decision, SIFORCO filed a complaint with the Appeal Court in Mbandaka, capital of Equateur province. On June 28, 2008, the Deputy General Prosecutor went to Bumba, where he heard two of the defenders, Messrs. Michel Gala Komanda and José-Maria Mokwele. Since then the case has remained pending before the Mbandaka Appeal Court.

13 See the Compilation of cases in the CD-Rom attached to this report.