As representatives of international human rights and development organizations, we welcome your decision to send an urgent appeal to the government of the Democratic Republic of Congo (DRC) regarding the assassination of Pascal Kabungulu Kibembi. We would also ask you to seek an invitation to visit the DRC as soon as possible with the aim of reviewing and improving the protection of Congolese human rights defenders.
As representatives of international human rights and development organizations, we welcome your decision to send an urgent appeal to the government of the Democratic Republic of Congo (DRC) regarding the assassination of Pascal Kabungulu Kibembi. We would also ask you to seek an invitation to visit the DRC as soon as possible with the aim of reviewing and improving the protection of Congolese human rights defenders.
As you know, Pascal Kabungulu Kibembi, the Executive Secretary of Héritiers de la Justice, a Congolese human rights organization, was shot dead by three armed men on July 31, 2005 in his house in Bukavu, eastern DRC. Pascal Kabungulu Kibembi was renowned for his courageous defence of the rights of all Congolese. His death has sent shock waves through the Congolese human rights community and civil society, and has provoked grave fear among those he has defended and helped for many years.
Congolese judicial authorities have initiated a criminal investigation into the case and the provincial authorities of South Kivu have established a Commission of Enquiry, chaired by the Military Prosecutor of South Kivu.
There have been reports that the Commission’s investigations have been hindered by interference from Congolese army personnel. On August 4, 2005, three Forces Armées de la République Démocratique du Congo (FARDC) army officers – led by Commander Thierry Ilunga – forced the director of Bukavu Central Prison to release two soldiers who were in detention on suspicion of involvement in the killing. Between August 4 and18, the suspects were held in the custody of the 10th Military Region during daytime, and were allowed to return home at night. They have now been returned to the Central Prison. In addition, several members of the Commission of Enquiry have reportedly received threats in different forms, which may be linked to their membership on the Commission. Our organizations believe that if the Commission’s investigations are to be genuinely independent and free from interference by military personnel, they should be directed and carried out by the civil authorities.
In light of these developments, we believe that the African Commission on Human and Peoples’ Rights, through its Special Rapporteur on Human Rights Defenders in Africa, has an important role to play. We recommend that your office request an invitation from the DRC government to visit the DRC at the earliest possible opportunity. Such a visit would send a clear signal to the DRC authorities that the African Commission takes the assassination of a leading Congolese human rights defender and the protection of human rights defenders in DRC as matters of the utmost seriousness.
The visit could be used to raise with the government the need for an independent, thorough and impartial investigation into Pascal Kabungulu’s assassination. It is the government’s role to ensure that the judicial authorities and the Commission of Enquiry do their work properly, and that they have the means necessary to carry out such an investigation. The visit would be an opportunity to meet with judicial authorities at various levels to assess the state of their investigation into Mr Kabungulu’s death, to press them to investigate acts aimed at undermining and obstructing the course of the investigation itself, and to press for the investigation of other crimes committed against human rights defenders.
Many people in the DRC, including NGOs, members of the judiciary and at least some government authorities, would like to ensure that the death of Pascal Kabungulu marks a turning point in the fight against impunity and the establishment of a genuine rule of law in the DRC. The time is right to galvanize different efforts around the issue of protection of human rights defenders. It would therefore be essential to use the visit to engage with the government on the issue of protection of human rights defenders more broadly. We believe the time has come for the government – in conjunction with the United Nations Organisation Mission in the Democratic Republic of Congo (MONUC) and other actors – to develop an effective plan of action and take firm measures for the protection of Congolese human rights defenders. The Special Rapporteur on Human Rights Defenders in Africa should, we believe, play an important role in this process.
In addition, the visit would be an opportunity to carry out independent investigations into attacks on human rights defenders. In particular, the following incidents merit closer investigation:
• Reported threats, including death threats, against Richard Bayunda Muhindo, Sheldon Hangi, Charles Mukandirwa and Magellan Lwanda, human rights defenders from Goma, who were forced to flee the country in January 2005.
• The attack by armed men on Golden Misabiko and Amigo Ngonde, leading members of Association Africaine de Défense des Droits de l’Homme (ASADHO) on 16 May 2005, in Lubumbashi
• The arbitrary arrest of Golden Misabiko on 2 June 2005, in Lubumbashi, and seven other human rights defenders protesting his detention
• The attack by armed men on Dismas Kitenge, head of Groupe Lotus, during the night of 2 June 2005, in Kisangani.
We would be pleased to discuss these matters further and look forward to hearing from you.
Yours sincerely,
Kolawole Olaniyan
Africa Program Director
Amnesty International
Mary Lawlor
Director
Front Line
David Pain
Head of Africa Division
Christian Aid
Georgette Gagnon
Deputy Director, Africa Division, Human Rights Watch
Cc:
Mr. Germain Baricako
Secretary, African Commission on Human and Peoples’ Rights
