As representatives of international human rights and development organizations, we write to express our deep concern about the death of Congolese human rights defender Pascal Kabungulu Kibembi. We request that MONUC carry out a prompt, independent and impartial investigation into his killing – as mandated by United Nations Security Council Resolution 1565 – and publish the results of the investigation. Although it is essential that Congolese judicial authorities investigate the case in the interests of establishing rule of law, we also urge MONUC to conduct its own investigation into the case.
As representatives of international human rights and development organizations, we write to express our deep concern about the death of Congolese human rights defender Pascal Kabungulu Kibembi. We request that MONUC carry out a prompt, independent and impartial investigation into his killing – as mandated by United Nations Security Council Resolution 1565 – and publish the results of the investigation. Although it is essential that Congolese judicial authorities investigate the case in the interests of establishing rule of law, we also urge MONUC to conduct its own investigation into the case.
Mr. Kabungulu, the Executive Secretary of Héritiers de la Justice, was murdered by three armed men in the early hours of July 31, 2005 in his house in Bukavu. He was widely known for his courageous defense of human rights and his death shocked the Congolese human rights community, civil society more broadly, and the civilian population in the Kivus.
We are concerned that Mr. Kabungulu’s assassination is indicative of a more general trend on the part of government authorities, armed groups and members of former armed groups to target and intimidate civil society actors who speak out on human rights abuses in the DRC. We fear that in the run-up to next year’s elections, attacks on human rights defenders might intensify.
We are aware that Congolese judicial authorities have started 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 were obstructed by Congolese army soldiers. On August 4, 2005, three senior army commanders – led by former Rassemblement Congolais pour la Démocratie-Goma (RCD-Goma) commander Thierry Ilunga – forced the director of Bukavu Central Prison to release to them two suspects, then detained in the prison. Between August 4 and August 18 the suspects were held at the army barracks of the 10th Military Region in the daytime, and were allowed to return home at night. The suspects have now been returned to the Central Prison and are held there. In addition, several members of the Commission of Enquiry have received threats in different forms, which may be linked to their membership in the Commission. Our organizations believe that the Commission’s investigations should be carried out by civilian authorities and not directed or interfered with by military personnel.
In light of these events, we recommend that MONUC fulfill its mandate, as provided by the U.N. Security Council Resolution 1565. Specifically, MONUC should carry out, without further delay, an in-depth, impartial and independent investigation into the assassination of Pascal Kabungulu, and publish the results of the investigation. It should also repeatedly and firmly impress upon Congolese authorities their own obligation to thoroughly investigate and prosecute this crime. We also request that MONUC monitor all stages of judicial proceedings, stressing to the Congolese authorities the need to adhere to international standards of fair trial.
Our organizations request that in its human rights work, MONUC pay particular attention to the protection of human rights defenders and their families, in the spirit of the U.N. Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, adopted by the U.N. General Assembly on March 8, 1999. We welcome the creation of a MONUC program in Kinshasa to protect victims, witnesses and human rights defenders and recommend its expansion to the field offices. We also recommend that MONUC regularly consult Congolese human rights defenders and civil society actors to improve support and protection for them.
As part of this effort to protect human rights defenders, MONUC should investigate reports of threats and attacks against Congolese activists, and make their reports public, in particular when the state is unable or unwilling to take necessary action. In particular, the following cases merit closer investigation:
• 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 May 16, 2005, in Lubumbashi
• The arbitrary arrest of Golden Misabiko on June 2, 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 June 2, 2005, in Kisangani
• Threats, including death threats, against Richard Bayunda Muhindo, Sheldon Hangi and Charles Mukandirwa, human rights defenders from Goma, during December 2004.
MONUC should regularly monitor the situation of human rights defenders and include a section dealing with this matter in MONUC’s periodic reports. Whenever human rights defenders are threatened, MONUC should press military and police officials to take appropriate action. If necessary, MONUC should be prepared to offer its own military or police protection and/or to assist in transporting threatened persons to another location. Our organizations have detailed information concerning human rights violations against human rights defenders in the different provinces of the DRC, and could make this information available to you.
We look forward to your response on this important matter.
Sincerely,
Georgette Gagnon
Deputy Director, Africa Division
Human Rights Watch
Kolawole Olaniyan,
Africa Program Director
Amnesty International
Mary Lawlor
Director
Front Line
David Pain
Head of Africa Division
Christian Aid
