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DR Congo: UN Report Exposes Grave Crimes

International Efforts Needed to Create Mechanisms to Ensure Justice


United Nations members should make a concerted international effort
to initiate judicial investigations into grave human rights violations
in the Democratic Republic of Congo documented by the UN and bring those
responsible to justice, Human Rights Watch said today.

On October 1, 2010, the UN Office of the High Commissioner for Human Rights published the report
of its human rights mapping exercise on Congo. The report covers the
most serious violations of human rights and international humanitarian
law committed in Congo between March 1993 and June 2003.

"This detailed and thorough report is a powerful reminder of the
scale of the crimes committed in Congo and of the shocking absence of
justice," said Kenneth Roth, executive director of Human Rights Watch.
"These events can no longer be swept under the carpet. If followed by
strong regional and international action, this report could make a major
contribution to ending the impunity that lies behind the cycle of
atrocities in the Great Lakes region of Africa."

The report documents 617 violent incidents, covering all provinces,
and describes the role of all the main Congolese and foreign parties
responsible - including military or armed groups from Rwanda, Uganda,
Burundi, and Angola.

An earlier version of the report was leaked to the news media in
August. The Rwandan government, whose troops are accused of some of the
most serious crimes documented in the report, reacted angrily,
threatening to pull its peacekeepers out of UN missions if the UN
published the report.

"The UN has done the right thing by refusing to give in to these
threats and by publishing the report," Roth said. "This information has
been stifled for too long. The world has the right to know what
happened, and the victims have a right to justice."

The UN had tried to investigate some of the events described in the
report, notably in 1997 and 1998, but these investigations were
repeatedly blocked by the Congolese government, then headed by
Laurent-Desire Kabila, father of the current president, Joseph Kabila.
Despite those efforts, information about massacres, rapes, and other
abuses against Rwandan refugees and Congolese citizens in the late 1990s
was published at the time by the UN and by human rights organizations.
However, no action was taken to hold those responsible to account.

"The time has come to identify and prosecute the people responsible
for carrying out and ordering these atrocities, going right up the chain
of command," Roth said. "Governments around the world remained silent
when hundreds of thousands of unarmed civilians were being slaughtered
in Congo. They have a responsibility now to ensure that justice is

One of the most controversial passages of the report concerns crimes
committed by Rwandan troops. The UN report raises the question of
whether some might be classified "crimes of genocide". The possible use
of the term "genocide" to describe the conduct of the Rwandan army has
dominated media coverage of the leaked report.

"Questions of qualification and terminology are important, but should
not overshadow the need to act on the content of the report regardless
of how the crimes are characterized," Roth said. "At the very least,
Rwandan troops and their Congolese allies committed massive war crimes
and crimes against humanity, and large numbers of civilians were killed
with total impunity. That is what we must remember, and that is what
demands concerted action for justice."

The report has received widespread support from Congolese civil society, with 220 Congolese organizations signing a statement welcoming the report and calling for a range of mechanisms to deliver justice.

The mapping exercise has its origins in the UN's earlier
investigations into crimes committed in Congo from 1993 to 1997. In
September 2005, the UN peacekeeping mission in Congo, MONUC, discovered
three mass graves in Rutshuru, in North Kivu province of eastern Congo,
relating to crimes committed in 1996 and 1997. The gruesome discovery
acted as a trigger to re-open investigations. The Office of the High
Commissioner for Human Rights, with the support of the UN
Secretary-General, initiated the mapping exercise and broadened the
mandate to include crimes committed during Congo's second war from 1998
to 2003.

The mapping exercise was conducted with the support of the Congolese
government. However, the Congolese justice system has neither the
capacity nor sufficient guarantees of independence to adequately ensure
justice for these crimes, Human Rights Watch said. The report therefore
suggests other options, involving a combination of Congolese, foreign,
and international jurisdictions.

These could include a court with both Congolese and international
personnel as well as prosecution by other states on the basis of
universal jurisdiction. Human Rights Watch supports the establishment of
a mixed chamber, with jurisdiction over past and current war crimes and crimes against humanity committed in Congo.

Countries in the region whose armies are implicated in the report
should carry out their own investigations and initiate action against
individuals responsible for crimes, Human Rights Watch said.

The report is both important for highlighting past injustices and
relevant to the situation in present-day Congo, Human Rights Watch said.

"This is more than a historical report," Roth said. "Many of the
patterns of abuse against civilians documented by the UN team continue
in Congo today, fed by a culture of impunity. Creating a justice
mechanism to address past and present crimes will be crucial to ending
this cycle of impunity and violence."

Human Rights Watch is one of the world's leading independent organizations dedicated to defending and protecting human rights. By focusing international attention where human rights are violated, we give voice to the oppressed and hold oppressors accountable for their crimes. Our rigorous, objective investigations and strategic, targeted advocacy build intense pressure for action and raise the cost of human rights abuse. For 30 years, Human Rights Watch has worked tenaciously to lay the legal and moral groundwork for deep-rooted change and has fought to bring greater justice and security to people around the world.