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DRC: UN report- 'unimaginable brutality' of sexual violence in eastern DRC

03 Aug 2007

ear All,

Please find below information on recent developments related to the
International Criminal Court's investigation in the Democratic Republic of Congo including news of the UN reporting on the 'unimaginable brutality' of sexual violence in eastern DRC and a number of opinion pieces.

The following digest includes articles and documents we have received from
diverse sources including international news agencies, local newspapers and
other sources. Please note that it is not exhaustive and does not represent
views from all parties concerned. We will continue to provide the most inclusive
information as it becomes available. Please note that all French translations
below from are unofficial and provided by the CICC Secretariat as a service to
our members, and should not be disseminated in official documents.

Please also take note of the Coalition's policy on situations before the ICC
(below), which explicitly states that the CICC will not take a position on
potential or pending situations before the court. The Coalition, however, will
continue to provide the most up-to-date information about the ICC.



Sasha Tenenbaum
Information Services Coordinator
Coalition for the International Criminal Court
[email protected]

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DEMOCRATIC REPUBLIC OF CONGO



I. UN SPEAKS OUT ON EXTREME VIOLENCE AGAINST WOMEN IN KIVU AND REPRESSION OF
DEMONSTRATIONS IN BAS-CONGO



i. "UN Expert on Violence against Women expresses serious concerns following
visit to Democratic Republic of Congo," OHCHR, 30 July 2007,
http://www.ohchr.org/english/press/media.htm

"Prof. Yakin Ertürk, Special Rapporteur of the United Nations Human Rights
Council on violence against women, its causes and consequences, delivered the
following statement [with his preliminary observations]on 27 July 2007:

'....In view of the seriousness and urgency of the situation in the DRC, my
visit [16-27 July 2007] focused mainly on sexual violence, which is rampant and
committed by non-state armed groups, the Armed Forces of the DRC, the National
Congolese Police and increasingly also by civilians......The South Kivu
Provincial Synergie on Sexual Violence, a body bringing together representatives
from Government, UN and civil society, has recorded 4500 sexual violence cases
in the first six months of this year alone. The real number of cases is
certainly many times higher as most victims live in inaccessible areas, are
afraid to report or did not survive the violence.

...The atrocities perpetrated by these armed groups are of an unimaginable
brutality that goes far beyond rape. The atrocities are structured around rape
and sexual slavery and aim at the complete physical and psychological
destruction of women with implications for the entire society...The
international community, in collaboration with the Government, must immediately
exercise its responsibility to protect and become fully engaged at all levels to
end these atrocities.

...the National Congolese Police (PNC) as well as other State security forces
continue to perpetrate sexual violence....These acts amount to war crimes and,
in some cases, crimes against humanity. International law requires the
Government to bring all perpetrators, including the bearers of command
responsibility, to justice...little action is taken by the authorities to
implement the law and perpetrators continue to enjoy impunity, especially if
they wear the State's uniform...[obstruction of investigations] results in
impunity for perpetrators of mass rapes and other crimes against humanity.

ii. "Bas-Congo - The UN HCHR denounced the use of brutal force by the army and
the police," UN News Centre, 27 July 2007,
http://www.un.org/News/briefings/docs/2007/db070727.doc.htm

" ...the High Commissioner for Human Rights Louise Arbour [former Chief
Prosecutor of the International Criminal Tribunals for the former Yugoslavia
<http://en.wikipedia.org/wiki/International_Criminal_Tribunal_for_the_Former_Yug
oslavia> and Rwanda
<http://en.wikipedia.org/wiki/International_Criminal_Tribunal_for_Rwanda>
]points to the excessive and indiscriminate use of lethal force by the Congolese
military and police in putting down demonstrations in the Bas-Congo province of
the Democratic Republic of the Congo...While she said both sides shared
responsibility for the violence, Arbour deplored the impunity being enjoyed by
the security forces. She also deplored that the trials of civilians involved in
those events were being conducted before military tribunals -- a clear violation
of international human rights standards."

II. UN SAYS DRC MILITARY JUDGEMENTS POSITIVE STEP IN FIGHT AGAINST IMPUNITY

"Life in prison for CAR military officer," Agence France Presse, 30 July 2007
(in French), http://www.lemonde.fr/web/depeches/0,14-0,39-31884971@7-60,0.html

A military tribunal in the DRC confirmed the life in prison sentence for a
military officer and the reduced sentences for eight others judged for war
crimes, according to a legal source, while eight of nine military officers of
the 1st brigade of the the National Congolese Police who were sentenced in
February to life in prision for 'war crimes' committed in November 2006 in Ituri
saw their prison sentences commuted...in a verdict rendered by the military
Court of Kisangani located in Bunia....FARDC Capital François Molesa was
sentenced to life for 'role of instigator' in these crimes [civilian massacre in
Bavi involving summary executions]. The Congolese state awarded almost 480,000
dollars in damages to the families of the victims... In an official statement
received Monday, the UN Mission in DRC (MONUC) said 'these judgments mark a
positive stage in the fight against impunity in DRC although much progress still
remains to be made which remains a major concern.'

III. SENATOR BEMBA FACES NO SANCTIONS

"Senator Bemba faces no sanctions," L'avenir, 28 July 2007 (in French),
http://www.afriquenligne.fr/actualites/politique/rd_congo:_le_senateur_bemba_n%9
2encourt_aucune_sanction_200708014548/

"...Speaking to the local radio 'Signal Congo' the president of the Senate, Leon
Kengo wa Dondo, indicated that Bemba will not incur any sanctions even if his
authorization to return to DRC expired Tuesday...according to Mr. Kengo, Bemba,
as a senator, has the choice to return now or before the senate meets for its
ordinary session this September...The Senate had accepted a prolongation of stay
until Tuesday July 31 at the request of Mr. Bemba who was reportedly ready to
return to the country on this date, provided that his safety is guaranteed...Mr.
Lola added that if Bemba believes that the questions related to its safety are
not yet resolved, he can, as many times as he wishes, request an extension of
his stay in Portugal."

IV. OPINION AND ANALYSIS

i. "Crocodile Tears," Digital Congo, 28 July 2007 (in French)
http://www.digitalcongo.net/article/45375

Kagame and Museveni never hid their supports for the Congolese rebellions in
Kinshasa. UN reports from experts are once again it is complicating the task of
the Congolese government. As during the war, the international community is
trying to make us believe that the Congolese government can perform miracles,
bring order and stability to the east of the country while neighboring countries
continue to add to the insecurity.

So that Kigali can secure its borders, it sent troops into the Congo. Rwanda was
never condemned for violation of the UN charter. The judgment of Uganda
following the complaint of Congo to The Hague seems not to have any influence,
no pressure on Kampala....in Sierra Leone, the international community not only
put pressure on the Liberian authorities, but above all put Charles Taylor on
trial to answer to questions of supporting rebel movements in the region. Kagame
and Museveni have never hidden their support for Congolese rebels that have
killed more than 5 million.

....These supplications do not have an effect on the international community
which has its reasons that the Congolese are unaware of. What is shocking and
even petty, it is the attitude of the community toward the Congolese government
which before a powerless community, wants to take charge...also surprising is
the case of Nkundabarware. Once again, the UN asks that we not resort to force
in order to secure our borders...and meanwhile, the insecurity is taking hold in
the country, eastern DRC has become unlivable."

ii. "Fewer child soldiers, many still brutally vulnerable," Analysis by Peter
Apps (Reuters), 31 July 2007,
http://www.reuters.com/article/reutersEdge/idUSL3181382320070731?pageNumber=2

"...Armed with Kalashnikovs and machetes, drunken, drugged and traumatized
children were at the heart of wars in the 1990s in Sierra Leone, Liberia and the
Democratic Republic of Congo marked by atrocities committed by young killing
machines.

Those wars are now largely over and the United Nations children's fund UNICEF
estimates some 250,000 child soldiers remain active in the world -- down from
earlier estimates of 300,000. But other experts say that figure is little more
than conjecture given the impossibility of getting hard data on the ground.

Whereas aid workers and activists had relatively good access to the West African
wars, they say they have much less information on the use of child soldiers in
such places as Iraq, Central African Republic, Afghanistan and Somalia. They say
the conflicts are often simply too dangerous to allow access.

Meanwhile militias, as well as some militaries, still see children as viable
instruments of war...In early July, Sierra Leone's war crimes court sentenced
three militia leaders to long jail terms for a series of crimes including child
recruitment during the civil war -- the first time an international tribunal had
issued such a sentence.

...And a Congolese warlord faces trial at the International Criminal Court on
charges of abducting children to fight. Advocates say it is too early to tell if
the international and legal efforts will curb the use of child fighters but they
have forced recruitment underground...Most have at least said they will try to
demobilize them. But activists say despite the promises a number of countries
including Chad and Democratic Republic of Congo still have children in their
regular armies..."


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