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DRC: ASP President s visit; NGO s call for adoption of implementation law; Update on Lubanga trial and Katanga and Ngudjolo trial; Opinion/Other news

19 Feb 2010

Dear all,

Please find below information about recent developments related to the Democratic Republic of the Congo (DRC).

This message includes information on the ASP President’s recent visit to the DRC (I); articles on the various calls by human rights NGOs for implementing legislation to be adopted (II); updates on the Lubanga trial (III); and on the Germain Katanga and Mathieu Ngudjolo Chui trial (IV), as well as other related news and opinion pieces (V).

Please 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 and current situations before the Court or situations under analysis. The Coalition, however, will continue to provide the most up-to-date information about the ICC.

Best regards,

CICC Secretariat
www.coalitionfortheicc.org

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I. ASP PRESIDENT VISIT TO DRC

i. “The President of the Assembly visits Uganda, the Democratic Republic of the Congo and Addis Ababa,” ICC Press Release, 1 February 2010, http://www.icc-cpi.int/Menus/Go?id=baca5867-e7a4-4ce2-8e48-01bbec88ee7a&lan=en-GB

“… On 27 January President Wenaweser travelled to Bunia, in the Democratic Republic of the Congo, where he held meetings with NGOs, local religious leaders and students. He also visited the ICC field office as well as a project which ensures the safe reintegration of girls who were abducted or otherwise associated with a fighting force …”

II. NGOS CALL FOR IMPLEMENTING LEGISLATION

i. “Human rights NGOs advocate for an implementation legislation to be adopted” (« Plaidoirie des ONG de défense des droits de l’homme pour le vote de la loi de mise en œuvre en RDC du Statut de Rome »), Digital Congo, 17 February 2010, http://www.digitalcongo.net/article/64694

“The President of the Congolese National Assembly (CNA) has received a coalition of delegates from several human rights NGOs advocating for the ICC. They spoke about the implementation, in the DRC national legislation, of the Rome Statute provisions which provides what states have to do to guarantee the enforcement of human rights. …

The Coalition of NGO for human rights went to the office of the President Evariste Boshab to express his hopes of seeing the National Assembly adopt the national legislation to implement the provisions of the Rome Statute, to which the DRC is a State Party. The Beninese Francis Dako, Africa regional coordinator of this Coalition explained that the president of the lower chamber of the CNA was very receptive and pledged that he would include the matter on the agenda for the September 2010 legislative session. …”

[Unofficial translation provided by CICC Secretariat]

III. LUBANGA TRIAL

i. “Defense Witness Breaks Down Again,” By Wairagala Wakabi (IWPR), 12 February 2010, http://www.lubangatrial.org/2010/02/11/defense-witness-breaks-down-again/

“A defense witness who was set to begin testifying for the third consecutive day today broke down for the second time, forcing court to delay the resumption of hearings.

... ‘The witness is apparently extremely upset. He has broken down, and I have therefore asked someone from the Victims and Witnesses Unit (VWU) to see him and for us to be told what their assessment is of the appropriate way of proceeding,’ Judge Fulford announced before adjourning.

About half an hour later, the judge said a psychologist had spoken to the witness and was of the view that although the witness had been upset and was likely to remain upset during the course of the morning, ‘it is appropriate for him to continue giving evidence not least because he has indicated his willingness to continue.’

Earlier on Wednesday afternoon, [his] testimony had been suspended when he broke down in tears as he described how militiamen from the Lendu ethnic group killed his mother while he and his young siblings hid under a bed. He was escorted out of the courtroom. …”

ii. “Defense Witnesses Claim ICC Agents Concocted Evidence,” By Wairagala Wakabi (IWPR), 12 February 2010, http://www.lubangatrial.org/2010/02/12/defense-witnesses-claim-icc-agents-concocted-evidence/

“Two defense witnesses who testified in Thomas Lubanga’s war crimes trial this week accused intermediaries of the International Criminal Court (ICC) of concocting evidence with the aim of pinning the former Congolese militia leader.

According to the witnesses, the intermediaries paraded before ICC officials many children who had never served in the military, and claimed the boys were former child soldiers.

The court presided over by Judge Adrian Fulford heard that ICC intermediaries bribed, threatened, or duped some of the boys’ parents and guardians into joining the scheme to concoct evidence.

Because both defense witnesses – and the one before them – focused a great deal of their evidence on intermediaries, Judge Fulford asked whether the prosecution planned to call intermediaries to give evidence regarding accusations that they corrupted evidence.

‘Are we going to hear from them? And if we are, when?’ asked the judge. He wondered whether the prosecution would be asking judges ‘to reject the defense testimony without having heard from the very people who are said to have been a corrupting influence as regards a significant element of the prosecution case.’ …”
iii. “Witness Says Lubanga Didn’t Conscript Children,” By Wairagala Wakabi (IWPR), 10 February 2010, http://www.lubangatrial.org/2010/02/10/witness-says-lubanga-didn’t-conscript-children/

“A defense witness today told court that the Union of Congolese Patriots (UPC) – the group Thomas Lubanga is alleged to have led – did not conscript any children. Instead, children who had no parents, and those who adored soldiers that extorted money from civilians, voluntarily joined the group.

... The testimony by this witness contradicts what most prosecution witnesses told court, namely that trainees at UPC camps were routinely tortured, and that those who attempted to leave the militia group could be killed. Several prosecution witnesses, including those who claimed to have been child soldiers, testified that they were forced to join UPC. …”

iv. “Second Defense Witness Testifies Without Protective Measures,” By Wairagala Wakabi (IWPR), 2 February 2010, http://www.lubangatrial.org/2010/02/02/second-defense-witness-testifies-without-protective-measures/

“The second defense witness to appear in the Thomas Lubanga war crimes trial today gave evidence without protective measures such as face and voice recognition – but he gave almost all of his evidence in closed session.

Because he said little in sessions which were open to the public, it was not known in what capacity he was testifying. The first defense witness, who completed giving his evidence yesterday, told court that his son had appeared at the Lubanga trial and lied that he had served as a child soldier in UPC. According to his testimony, the boy never served in any armed group. …”
v. “Lubanga Witness Claims His Son Lied To The ICC,” By Wairagala Wakabi (IWPR), 1 February 2010, http://www.lubangatrial.org/2010/02/01/lubanga-witness-claims-his-son-lied-to-the-icc/
“A defense witness told the Thomas Lubanga trial that his son appeared before the court as a prosecution witness and lied about serving as a child soldier in the Union of Congolese Patriots (UPC), the group which the International Criminal Court (ICC) says was led by Lubanga.

Under cross-examination by the prosecution’s Manoj Sachdeva, the witness said he had talked to his son about his having testified at The Hague trial of Lubanga, who is accused of war crimes related to using child soldiers in armed conflict.

‘Wouldn’t the fact that your son was coming here to lie, according to you, wouldn’t that be a reason to go to the police?’ Sachdeva asked.

‘No, that would not have been [a] reason. My son told me that he came here in full daylight, that he did not hide, and that it was your office, your court, who called him here to confirm whether yes or no he had been a child soldier,” retorted the witness. ‘So why do you want me to go and see the police? Do you believe that the police might get in the way of someone who wants to come here or put somebody in prison as a result?’ …”

vi. “'Child soldiers' are liars, Lubanga's lawyer tells court,” AFP, 27 January 2010, http://www.google.com/hostednews/afp/article/ALeqM5gBXlKuy4KZ4GjDud1nj4nAQL7SGQ
“Witnesses lied when they claimed to have been recruited as child soldiers by Congolese warlord Thomas Lubanga's forces, his lawyer told the International Criminal Court Wednesday.
‘All the individuals presented as child soldiers, as well as their parents in some cases, deliberately lied before this court,’ Lubanga's lawyer Catherine Mabille told the judges presiding over Lubanga's war crimes trial.
... Lubanga, 49, went on trial a year ago charged with war crimes for using children under the age of 15 to fight for his militia during the 1997-2002 civil war in the Democratic Republic of Congo.
He pleaded not guilty.
... The prosecution wound up its case in July last year after calling 28 witnesses. ...”
vii. "Reopening of the Lubanga trial, the Defense presents its case", Facing Justice Radio Programme (IWPR), 28 January 2010, http://www.iwpr.net/?p=afj&s=f&o=359669&apc_state=hfrpafj
See also:
viii. “Witness: I Was Falsely Paraded As A Child Soldier,” By Wairagala Wakabi (IWPR) - 9 February 2010, http://www.lubangatrial.org/2010/02/09/witness-i-was-falsely-paraded-as-a-child-soldier/

ix. “Lubanga Witness Says He Was Paid US$200 To Tell Lies,” By Wairagala Wakabi (IWPR), 8 February 2010, http://www.lubangatrial.org/2010/02/08/lubanga-witness-says-he-was-paid-us200-to-tell-lies/
x. “Prosecutors Criticised for Withholding Witness Information”, By Wairagala Wakabi (IWPR), 6 February 2010, http://www.iwpr.net/?apc_state=hfrfacr359945&l=en&s=f&o=360201

xi. “Defence Challenge Witness Credibility”, By Wairagala Wakabi (IWPR) - 29 January 2010
http://www.iwpr.net/?apc_state=hfrfacr359746&l=en&s=f&o=359902

xii. “Lubanga’s Lawyers Will Ask Judges To Discontinue Case,” By Wairagala Wakabi (IWPR), 29 January 2010, http://www.lubangatrial.org/2010/01/29/lubanga’s-lawyers-will-ask-judges-to-discontinue-case/

For more information on the Lubanga Trial, visit the CICC website at http://www.coalitionfortheicc.org/ and participate in our blog at http://www.coalitionfortheicc.org/blog . Also go to the Lubanga trial website at: http://www.lubangatrial.org/

IV. KATANGA AND NGUDJOLO TRIAL

i. “Court Hears of Bogoro Meeting,” By Rachel Irwin (IWPR), 29 January 2010, http://www.iwpr.net/?apc_state=hfrfacr359876&l=en&s=f&o=360202

“A witness described to International Criminal Court, ICC, prosecutors this week a meeting he attended to determine what to do with the strategically-located village of Bogoro.

The witness alleged that the meeting was held between a representative for Mathieu Ngudjolo, who was then the head of the National Integrationist Front, FNI, and Germain Katanga, who led the Patriotic Resistance Force, FRPI.

Testifying before the ICC in Swahili – with face and voice distortion – the witness said that he attended the meeting, which prosecutors allege took place prior to the February 24, 2003 massacre in Bogoro, as a bodyguard for Ngudjolo’s representative.

The witness explained that Katanga and Ngudjolo wanted to find a way to control the main supply line to Bunia, the capital of Ituri district, along which Bogoro lies. …”

V. OTHER NEWS AND OPINIONS

i. “Credibility and efficiency challenges for the ICC” (« Le défi de crédibilité et d’efficacité pour la CPI »), interview of Jean Bosco Habibu of ACAT/Sud-Kivu by Emmanuel Chaco (IPS), 29 January 2010, http://ipsinternational.org/fr/_note.asp?idnews=5678


Jean Bosco Habibu, lawyer and president of the NGO Action by Christians Against Torture (ACAT/Sud-Kivu) in the DRC, was interviewed by Emmanuel Chaco, correspondent of IPS in the DRC, and talked about what he calls the challenges of credibility, efficiency, and effectiveness of the work of the ICC for the fight against impunity in the DRC.
Q: How do these trials contribute to the fight against impunity in the DRC where countless crimes remain unpunished?

A: The action of the ICC is complementary to the action of the Congolese justice system. This principle is included in its Statute and in the Congolese code of military justice. The ICC cannot replace the Congolese justice and prosecute all cases of crimes. …

Q: Some Congolese people underestimate the action of the ICC and think it only focuses on the DRC. For others, it is a “Criminal Court for Ituri”, because the cases linked to the situation in the DRC are only against individuals from that region. …

A : ... I think the work of the ICC in the DRC is not well understood. The Office of the Prosecutor should inform more the population with that regard. …

Q: One more word on the ICC?

A: I am convinced that the ICC should widen it action and investigate in other regions such as Bas-Congo (West of the DRC), North-Kivu, South-Kivu and Maniema (East of the country) where serious crimes and mass violations of human rights were also committed. While so doing, the ICC should not forget former criminals who are today members of public institutions or close friends of the highest representatives from the current regime. …”

ii. “Congo-Kinshasa: More Than 8,000 Women Raped Last Year by Combatants in Eastern Region,” UN News, 8 February 2010, http://allafrica.com/stories/201002081734.html

“The number of women raped in eastern Democratic Republic of the Congo (DRC), where sexual violence committed by warring factions has reached endemic proportions, topped 8,000 last year, according to fresh estimates released by the United Nations Population Fund (UNFPA) today.

Although the mainly ethnic Hutu rebel militia, known as the Forces démocratiques de libération du Rwanda (FDLR), who have been operating in the DRC since 1994 Rwandan genocide are thought to be responsible for most of the rapes, members of the national army (FARDC) are also guilty of sexual abuse in North and South Kivu provinces.

UNFPA noted that humanitarian agencies have praised the Government for its efforts to end rape committed by its troops, but believe that much more can be done to put an end to impunity.

Meanwhile, the Lord's Resistance Army (LRA), a Ugandan militia notorious for abducting children to use as child soldiers and sex slaves, continue its attacks on civilians in Orientale Province - also in north-eastern DRC - with great intensity, reported the Office for the Coordination of Humanitarian Affairs (OCHA).

OCHA said that in 2009 the LRA killed 849 civilians and abducted a further 1,486, including 185 children, according to the available data. ...”

iii. "From ‘Oprah’ to Building a Sisterhood in Congo," By Nicholas D. Kristof (New York Time), 3 February 2010 http://www.nytimes.com/2010/02/04/opinion/04kristof.html

"Five years ago, Lisa Shannon watched “Oprah” and learned about the savage, forgotten war here in eastern Congo, played out in massacres and mass rape. That show transformed Lisa’s life, costing her a good business, a beloved fiancé, and a comfortable home in Portland, Ore. — but giving her a chance to save lives in Congo. (...)

Lisa had come to visit a woman she calls her sister, Generose Namburho, a 40-year-old nurse.

Generose’s story is numbingly familiar: extremist Hutu militiamen invaded her home one night, killed her husband and prepared to rape her. Then, because she shouted in an attempt to warn her neighbors, they hacked off her leg above the knee with a machete.

As Generose lay bleeding near her husband’s corpse, the soldiers cut up the amputated leg, cooked the pieces on the kitchen fire, and ordered her children to eat their mother’s flesh. One son, a 12-year-old, refused. “If you kill me, kill me,” he told the soldiers, as his mother remembers it. “But I will not eat a part of my mother.”

So they shot him dead. The murder is one of Generose’s last memories before she blacked out, waking up days later in the hospital where she had worked. (...)

Everybody told her [Lisa] that the atrocities continued because nobody cared. Lisa, who is now 34, was appalled and decided to show that she cared. She asked friends to sponsor her for a solo 30-mile fund-raising run for Congolese women.

That led her to establish Run for Congo Women, which has held fund-raising runs in 10 American states and three foreign countries. The money goes to support sponsorships of Congolese women through a group called Women for Women International.

But in her passion, Lisa neglected the stock photo business that she and her fiancé ran together. Finally, he signaled to her that she had to choose — and she chose Congo. (...)"

iv. "The World Capital of Killing," By Nicholas D. Kristof (New York Time), 6 February 2010 http://www.nytimes.com/2010/02/07/opinion/07kristof.html

"It’s easy to wonder how world leaders, journalists, religious figures and ordinary citizens looked the other way while six million Jews were killed in the Holocaust. And it’s even easier to assume that we’d do better.

But so far the brutal war here in eastern Congo has not only lasted longer than the Holocaust but also appears to have claimed more lives. (...)

What those numbers don’t capture is the way Congo has become the world capital of rape, torture and mutilation, in ways that sear survivors like Jeanne Mukuninwa, a beautiful, cheerful young woman of 19 who somehow musters the courage to giggle. Her parents disappeared in the fighting when she had just turned 14 — perhaps they were massacred, but their bodies never turned up — so she moved in with her uncle.

A few months later, the extremist Hutu militia invaded the home. She remembers that it was the day of her very first menstrual period — the only one she has ever had.

“First, they tied up my uncle,” Jeanne said. “They cut off his hands, gouged out his eyes, cut off his feet, cut off his sex organs, and left him like that. He was still alive.

“His wife and his son were also there. Then they took all of us into the forest.” That militia is known for kidnapping people and enslaving them for months, even years. Men are turned into porters, and girls into sex slaves. (...)

“Sometimes I don’t know what I am doing here,” Dr. Mukwege said despairingly. “There is no medical solution.” The paramount need, he says, is not for more humanitarian aid for Congo, but for a much more vigorous international effort to end the war itself.

That means putting pressure on neighboring Rwanda, a country so widely admired for its good governance at home that it tends to get a pass for its possible role in war crimes next door. We also need pressure on the Congolese president, Joseph Kabila, to arrest Gen. Jean Bosco Ntaganda, wanted by the International Criminal Court on war crimes charges. And, as recommended by an advocacy organization called the Enough Project, we need a U.S.-brokered effort to monitor the minerals trade from Congo so that warlords can no longer buy guns by exporting gold, tin or coltan.

Unless we see some leadership here, the fighting in Congo — fueled by profits from mineral exports — will continue indefinitely. So if we don’t act now, when will we? When the toll reaches 10 million deaths? When Jeanne is kidnapped and raped for a third time?"

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CICC's policy on the referral and prosecution of situations before the ICC:

The Coalition for the ICC is not an organ of the court. The CICC is an independent NGO movement dedicated to the establishment of the International Criminal Court as a fair, effective, and independent international organization. The Coalition will continue to provide the most up-to-date information about the ICC and to help coordinate global action to effectively implement the Rome Statute of the ICC. The Coalition will also endeavor to respond to basic queries and to raise awareness about the ICC's trigger mechanisms and procedures, as they develop. The Coalition as a whole, and its secretariat, do not endorse or promote specific investigations or prosecutions or take a position on situations before the ICC. However, individual CICC members may endorse referrals, provide legal and other support on investigations, or develop partnerships with local and other organizations in the course of their efforts.

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