Human Rights in The Democratic Republic of The Congo - Governmental Attitude Regarding Investigation of Alleged Violations

Governmental Attitude Regarding Investigation of Alleged Violations

A wide variety of domestic and international human rights organizations investigated and published findings on human rights cases. The Human Rights Ministry and the ONDH worked with NGOs and MONUC during the year and responded to their requests and recommendations. However, security forces harassed and arrested domestic human rights advocates, and prison officials sometimes obstructed NGO access to detainees.

The main Kinshasa-based domestic human rights organizations included ASADHO, VSV, Groupe Jeremie, the Committee of Human Rights Observers, and the Christian Network of Human Rights and Civic Education Organizations. Prominent organizations operating in areas outside Kinshasa included Heirs of Justice in Bukavu, South Kivu Province; Lotus Group and Justice and Liberation in Kisangani, Orientale Province; and Justice Plus in Bunia, Ituri District. The transitional government's human rights bodies met with domestic NGOs and sometimes responded to their inquiries but took no known actions.

For example, according to MONUC, armed men, who were believed to be soldiers of the FARDC 813th battalion allied with renegade General Nkunda and not under central command authority, abducted and killed a local NGO member in the North Kivu Province town of Masisi; the person was reportedly killed for calling on soldiers to join the demobilization process.

VSV President Floribert Chebeya Bahizire and Vice President Dolly Mbunga alleged that the ANR placed them under continuous surveillance after they disseminated a posters intended to persuade citizens not to vote in the general elections. VSV alleged that the ANR monitored visitors and members at the VSV office. On July 26, VSV closed its Kinshasa office, and both leaders went into hiding. By year's end, they had resumed their positions.

The case of two FARDC soldiers arrested for killing human rights activist Pascal Kabungula Kibembi in Bukavu, South Kivu Province in July 2005 remained unresolved, and neither soldier remained in custody.

There were reports that local NGOs which did not pay bribes to local officials were subjected to lengthy registration requirements.

Unlike in 2005, there were no reports of domestic NGOs censoring their own reports about human rights abuses or corruption by authorities.

During the year unidentified armed men threatened and harassed NGO members, particularly in the east.

For example, according to HRW, two domestic human rights activists in the North Kivu town of Goma, Richard Bayunda and Sheldon Hangi, received threatening telephone calls in January and February. Unidentified armed men also came to their homes at night on one occasion in February but were unable to gain entry. The two activists had returned after fleeing the country in 2005 following death threats.

On March 18, a member of the National Union of Federalists of the Congo political party threatened Hubert Tshiswaka, director of Action against Impunity for Human Rights, after he issued a press release calling on citizens not to vote for human rights violators. On April 1, he received a death threat via an anonymous phone call, according to AI.

According to MONUC, a domestic human rights activist in Ituri District received anonymous death threats between July 5 and July 10, allegedly because of his cooperation with MONUC and the ICC in the Thomas Lubanga case.

The transitional government generally cooperated with international NGOs, which published several reports on human rights and humanitarian issues, and permitted them access to conflict areas. However, there were some exceptions.

For example, in September the ANR detained the head of the Bukavu office of the International Rescue Committee, Sylvie Louchez, and demanded to see several identification and registration papers before releasing her. In October the ANR detained the head of the Bukavu office of the NGO War Child for seven hours. The NGO paid a bribe to secure her release.

During the year unidentified persons threatened members of international NGOs. For example, a senior researcher for HRW reported that she and other staff members regularly received anonymous death threats following the publication of reports on human rights violations during the year.

The transitional government cooperated with multilateral organizations and permitted international humanitarian agencies access to conflict areas. A number of senior UN officials visited the country during the year, including Under Secretary General for Peacekeeping Jean-Marie Guehenno and Under Secretary General for Political Affairs Ibrahim Gambari.

On June 13, the UN Security Council received a report of the UN secretary general on children and armed conflict in the country (see section 1.g.).

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MONUC also issued special reports on human rights violations and abuses committed in the territory of Mitwaba, Katanga in 2005 and on the attack on Kabingu village in South Kivu Province in July 2005 (see section 1.g).

UN officials freely criticized actions by the transitional government during the year.

Armed groups killed nine UN peacekeepers during the year (see section 1.g.).

Unlike in 2005, there were no reports of armed groups in the east imposing travel restrictions on humanitarian aid workers or local NGOs.

The transitional constitution mandated an independent ONDH and a Truth and Reconciliation Commission. Both entities lacked resources and were generally regarded as ineffective. Although the transitional government did not actively interfere with their investigations, neither did it cooperate with them.

On August 8, the ONDH reported its findings on two incidents: the transitional government's use of force against BDK adherents in June (see section 2.b.) and mob violence associated with an election rally in Kinshasa on July 27 (see section 1.a.).

During the year, the transitional government cooperated with the ICC, which continued conducting investigations into war crimes and crimes against humanity committed in the country since July 2002. In March the government transferred to the ICC custody of an Ituri militia leader indicted for recruitment of child soldiers (see section 1.g.).

The government continued to cooperate with the International Criminal Tribunal for Rwanda (ICTR). ICTR investigators operated freely in areas under government control, seeking a number of individuals indicted for involvement in the 1994 Rwandan genocide whom they believed might be in the Democratic Republic of the Congo.