Democratic Republic of Congo: UPR Submission September 2013

Human Rights Watch

1. Summary
Violent conflict has continued in the Democratic Republic of Congo, mostly in the east, with the Congolese army and non-state armed groups responsible for horrific attacks on civilians, including killings, rapes, and forced recruitment of children. Presidential and parliamentary elections in 2011 were characterized by a violent crackdown on the opposition. Government authorities have sought to silence dissent by targeting human rights activists, journalists, political leaders, and political party supporters who criticized government authorities or participated in peaceful demonstrations.

While the challenges for the Congolese justice system remain enormous and most perpetrators of serious abuses in Congo go unpunished, there are signs of a greater government commitment to fighting impunity for grave human rights abuses. Since 2012, government officials have repeatedly called for leaders of the M23 – a Rwandan-backed armed group responsible for widespread human rights abuses – to face justice, and have stated clearly that the government will neither provide an amnesty to those allegedly responsible for war crimes or crimes against humanity nor reintegrate them into the army. The government’s insistence on accountability may have contributed to the surrender of M23 leader Bosco Ntaganda to the US embassy in Rwanda in March 2013. He is now awaiting trial at the International Criminal Court for charges of war crimes and crimes against humanity committed in north eastern Congo in 2002 and 2003.

This submission focuses on the human rights record of the Congolese government and security forces since 2009, when the last UPR on Congo was held.^[1]

2. Killings, Rapes, Recruitment of Children, and other Abuses by the Congolese Army

Africa: 'Haze of Silence Over Rwandan Involvement in DRC' - Highlights of the Mid-Term Report of the UN Group of Experts

Kris Berwouts
All Africa


The Mid-Term Report of the sometimes controversial UN Group of Experts focuses on the major events of the conflict in eastern Congo since the beginning of the year.

Predictably, one of the main subjects is the fighting within M23 between Sultani Makenga and Bosco Ntaganda's factions. Tensions already existed in 2012 and came to the surface after M23 dramatically took Goma. Under international pressure Makenga wanted to leave town, while Ntaganda preferred to remain in the provincial capital. When they finally withdrew on December 1st 2012, Ntaganda and Makenga clashed over the division of the goods looted from the city. The leadership crisis also crystallized in the same period around appointments: both leaders wanted to place their officers and cadres in key positions within the movement.

The report describes how fighting broke out between the two factions on February 28th 2013. Two weeks later, Makenga defeated his adversary and on March 15th Ntaganda crossed the border into Rwanda using a small path in the Gasizi area. According to different sources interviewed by the Expert Panel, Bosco was brought to Kigali with the help of his family. He arrived at the United States embassy on March 18th where he requested to be transferred to the ICC. This entire operation took place, according to the report, without the prior knowledge of Rwandan authorities.

The report refers several times (without giving any details) to the role Rwanda played in the internal struggle. On the one hand, Makenga was supported by demobilized Rwandan soldiers from Rwanda. At the same time, Rwandan officials dismantled Ntaganda's network of support and recruitment in Rwanda. Three interviewees confirmed that groups of demobilized Rwandan soldiers had infiltrated into the DRC during the two weeks of fighting to assist Makenga.

After the confrontations had ended (the Group of Experts estimates that over 200 combatants from both factions died during the fighting), M23 has continued to recruit in Rwanda and to enlist demobilized Rwandan soldiers. Some Rwanda Defense Force (RDF) officers have also held meetings with M23 commanders and impeded the voluntary repatriation of M23 combatants to Rwanda.

Congo's Most Powerful Rebel Speaks

Timo Mueller & Christoph Vogel
Real Clear World

It was a rainy Sunday afternoon in early April when we called "Brigadier General" Sultani Makenga, the military leader of M23, currently one of the strongest armed groups in eastern Congo. Working as field researchers in the Kivus, we wanted to engage with him face-to-face to capture his take on the DR Congo's state of affairs and learn first-hand about the latest developments inside the rebellion. M23 was consumed by heavy infighting in recent weeks, after latent fractions and fissures between Makenga and his rival Bosco Ntaganda erupted into open and violent conflict. In the ensuing whirlwind of events, Makenga regained the upper hand in late March, and Ntaganda surrendered to the International Criminal Court, leaving many of his men with no choice but to re-defect.

The initial telephone conversation was an unanticipated success. With little hesitation, Makenga agreed to meet us. The ensuing organizational logistics were simple and matter of fact, conducted via text message informing us of his whereabouts north of the provincial capital of Goma. As an individual sanctioned by the United Nations and the United States government, he remained relatively unconcerned and non-clandestine about his location. 

From Child Miner to Jewelry Store: The Six Steps of Congo's Conflict Gold

By Enough Team
Enough Project


This is the first of two papers on the illegal conflict-gold trade from eastern Congo that is fueling one of the most violent conflicts in the world. This paper tracks the transnational trade from mines in eastern Congo to consumers. The second paper will map a way to resolve this problem by setting out recommendations to formalize the trade, cut down conflict-gold smuggling, and create jobs to provide living wages to Congolese miners. 

 

Full Report (PDF)

 

The conflict-gold rush is thriving in eastern Congo. Because of its skyrocketing price and the ease of smuggling it in small pouches for extremely high profits, gold has become the most lucrative conflict mineral for armed groups in eastern Congo. More than $600 million worth of gold is estimated to leave Congo every year, and armed groups are funding their operations through control of a significant percentage of that amount. As U.S. legislation and supply-chain pressure from tech companies have made it more difficult for them to sell the more cumbersome so-called 3-T minerals—tin, tantalum, and tungsten—rebels and army commanders have increasingly turned to gold.

Why did Rwandan War Lord Accused of Crimes in Congo, Give Himself Up to the ICC?

Maurice Carney: Rwanda hands over one warlord to ICC and props up others as it continues plunder of Congo's resources -  

 http://therealnews.com/t2/index.php?option=com_content&task=view&id=31&Itemid=74&jumival=10001

PAUL JAY, SENIOR EDITOR, TRNN: Welcome to The Real News Network. I'm Paul Jay.

On March 18, Bosco Ntaganda, accused of being a war criminal for his activities in the Congo--he's a warlord and, as we understand it, working mostly with Rwanda. He's of Rwandan descent. Any rate, he walks into a U.S. embassy in Rwanda and gives himself up. He's then flown to the Netherlands. And he's going to face charges for war crimes before the International Criminal Court.

So just why did he give himself up? And does this reflect any change in Rwandan policy towards the Congo or U.S. policy?

Now joining us to talk about all of this is Maurice Carney. He's the executive director and cofounder of Friends of the Congo. He joins us from Washington, D.C.

Thanks for joining us again, Maurice.

MAURICE CARNEY, EXEC. DIR. AND COFOUNDER, FRIENDS OF THE CONGO: Hi. It's a pleasure being with you, Paul.

JAY: So tell us a little bit about this guy. And then why on earth would he give himself up?

CARNEY: Yeah. The claim that Bosco Ntaganda gave himself up is dubious at best. However, the best way to look at the situation is that Bosco represents the third high-level Rwandan proxy who have committed crimes in the Congo and then fled back into Rwanda.