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II. RECOMMENDATIONS

Human Rights Watch condemns in the strongest terms the conduct of the Government of Rwanda and the Rassemblement Congolais pour la Démocratie (RCD) and the Mai-Mai and Hutu armed groups operating in Eastern Congo described in this report, and calls upon all parties to respect international humanitarian law. In particular, all parties to the conflict must desist from targeting civilians for attack.

To the Government of Rwanda and the Rassemblement Congolais pour la Démocratie (RCD):

* Immediately cease all attacks on civilians; investigate reports of killing, torture, rape of civilians, and looting of civilian property by RCD and Rwandan forces and their allies; and hold those responsible accountable. In particular, abuses by Rwandan troops should be prosecuted in Rwanda. RCD authorities should establish internal investigations to look into violations of international humanitarian law by its forces.

* Guarantee the rights of members of civil society, and in particular human rights groups, to operate freely; in particular cease harassment and threats of prosecution of civil society activists.

* Ensure that civil society actors are free to exercise their freedom of association and expression, consult among themselves as well as with their counterparts in other areas of the country, and to send their chosen representatives to the inter-Congolese dialogue national in Kinshasa, in accordance with the Lusaka peace accord.

* Grant full access to detention centers to the International Committee of the Red Cross (ICRC) and other humanitarian organizations. Publish lists of all prisoners, including their gender, ages, where they were captured, where they are detained, and other relevant details.

* Allow unfettered access and safe passage for humanitarian agencies trying to reach needy populations.

* Permit full, unhampered international investigations of serious abuses of international human rights and humanitarian law by nongovernmental organizations and independent journalists.

To the Mai-Mai and Hutu armed groups operating in Eastern Congo:

* Immediately cease all attacks on civilians, including killing, rape, looting and other violations of international humanitarian law.

* Establish internal investigations into violations of international humanitarian law as described in this report.

* Allow unfettered access and safe passage for humanitarian agencies trying to reach needy populations.

To the United Nations:

* Based on investigations by the U.N. Special Rapporteur on the Democratic Republic of Congo and other information available from other credible sources concerning violations of international humanitarian law by all parties to the conflict, the Security Council should create a separate chamber for the DRC of the International Criminal Tribunal for Rwanda to prosecute such crimes.

* The Security Council should ensure a strong human rights component for United Nations Observer Mission in the DRC (MONUC), including credible protection for the civilian population, and deployment of human rights monitors and child protection officers.

* Member states should reinforce the capacity of the U.N. High Commissioner for Human Rights field office in Congo by increasing human and financial resources for the operation.

To the International Community, including the United States, the European Union and its member states, and the OAU:

* Energetically denounce violations of human rights and humanitarian law by all parties involved in the DRC war and insist upon accountability for the perpetrators. Strong and constant pressure should be exerted on all foreign countries involved in the war in the Congo as well as the Congolese government to observe their obligations under international human rights and humanitarian law.

* Insist that the U.N. complete a prompt and thorough investigation of charges of violations of international humanitarian law against all parties, and support the creation of a separate chamber for the DRC of the International Criminal Tribunal for Rwanda to prosecute such crimes.

* Support local human rights groups and other civil society groups, both financially and politically. Give particular assistance to groups focusing on the RCD justice system, human rights research, advocacy, assistance for victims and human rights awareness.

* Scrutinize economic assistance to all the states involved in the conflict to ensure that funds earmarked for social and economic development programs do not end up financing abusive conduct by any party to the conflict.

* Extend technical and financial assistance to the process of inter-Congolese dialogue to ensure that the unarmed opposition and civil society are free to consult with each other and to send their chosen representatives.

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