Joint Declaration from 134 Civil Society
and Human Rights Organizations Regarding the International Criminal
Court Prosecutor's Visit to Kinshasa, Democratic Republic of Congo
The signatories of this declaration-134 Congolese and international civil society and human rights organizations with a presence in the Democratic Republic of Congo-welcome the arrival this week of the International Criminal Court (ICC) Prosecutor, Mrs. Fatou Bensouda, in Kinshasa.
They congratulate the Prosecutor for her office's contribution to the fight against impunity in Congo. The convictions of Thomas Lubanga, former president of the Union des Patriotes Congolais (UPC) and Germain Katanga, former president of an opposed armed group, the Front de Résistance Patriotique en Ituri (FRPI), for serious crimes committed in Ituri in 2002 and 2003 are an important step toward justice for the victims of grave crimes in Ituri.
The organizations also welcome the confirmation of charges hearing against Bosco Ntaganda, held in The Hague from February 10 to 14, 2014.
Ntaganda-who managed to move from one armed group to another without being arrested and who was even rewarded with the position of General in the Congolese armed forces-had become a symbol of impunity in Congo. To see him in the dock at the ICC was a powerful signal that should serve as a warning to other commanders of armed groups and forces in eastern Congo.
At the same time, the organizations regret that horrific crimes continue to be committed against Congolese civilians, particularly in the country's eastern provinces. They therefore believe that further action by the ICC is still necessary and urgent.
Specifically, the organizations urge the ICC Prosecutor:
1) To continue investigations in Congo and quickly charge those who bear the greatest responsibility for crimes committed against the civilian population;
2) More specifically, to investigate senior military and political officials who have supported the many armed groups in Congo responsible for grave human rights violations by providing these groups with weapons, funding, recruits and training, including officials from Congo, Rwanda, and Uganda;
3) To improve the quality of investigations conducted by her office as suggested by the judges in the judgment acquitting Mathieu Ngudjolo, leader of the Front National Intégriste (FNI);
4) To continue efforts to investigate and prosecute crimes of rape, sexual slavery and other sexual violence that has plagued the conflicts ravaging Congo;
5) To clarify the relationship between the Office of the Prosecutor and local intermediaries, notably in matters of selection, training, compensation and protection;
6) To continue efforts, together with the ICC registry team, to inform victims and communities most affected by the crimes addressed by ICC cases. To that effect, consider opening an office in Goma, North Kivu province, and undertaking visits to Ituri and the Kivu provinces in the future.
7) To support national efforts to fight impunity for the most serious crimes through fair, credible and impartial trials, notably by expressing support to the government's proposal to establish specialized mixed chambers within the Congolese judicial system, provided they are independent and effective, and by pressing for the urgent adoption of the draft legislation implementing the ICC treaty into Congolese law.
Kinshasa, March 13, 2014
Contributed by the HUMAN RIGHTS WATCH
The signatories of this declaration-134 Congolese and international civil society and human rights organizations with a presence in the Democratic Republic of Congo-welcome the arrival this week of the International Criminal Court (ICC) Prosecutor, Mrs. Fatou Bensouda, in Kinshasa.
They congratulate the Prosecutor for her office's contribution to the fight against impunity in Congo. The convictions of Thomas Lubanga, former president of the Union des Patriotes Congolais (UPC) and Germain Katanga, former president of an opposed armed group, the Front de Résistance Patriotique en Ituri (FRPI), for serious crimes committed in Ituri in 2002 and 2003 are an important step toward justice for the victims of grave crimes in Ituri.
The organizations also welcome the confirmation of charges hearing against Bosco Ntaganda, held in The Hague from February 10 to 14, 2014.
Ntaganda-who managed to move from one armed group to another without being arrested and who was even rewarded with the position of General in the Congolese armed forces-had become a symbol of impunity in Congo. To see him in the dock at the ICC was a powerful signal that should serve as a warning to other commanders of armed groups and forces in eastern Congo.
At the same time, the organizations regret that horrific crimes continue to be committed against Congolese civilians, particularly in the country's eastern provinces. They therefore believe that further action by the ICC is still necessary and urgent.
Specifically, the organizations urge the ICC Prosecutor:
1) To continue investigations in Congo and quickly charge those who bear the greatest responsibility for crimes committed against the civilian population;
2) More specifically, to investigate senior military and political officials who have supported the many armed groups in Congo responsible for grave human rights violations by providing these groups with weapons, funding, recruits and training, including officials from Congo, Rwanda, and Uganda;
3) To improve the quality of investigations conducted by her office as suggested by the judges in the judgment acquitting Mathieu Ngudjolo, leader of the Front National Intégriste (FNI);
4) To continue efforts to investigate and prosecute crimes of rape, sexual slavery and other sexual violence that has plagued the conflicts ravaging Congo;
5) To clarify the relationship between the Office of the Prosecutor and local intermediaries, notably in matters of selection, training, compensation and protection;
6) To continue efforts, together with the ICC registry team, to inform victims and communities most affected by the crimes addressed by ICC cases. To that effect, consider opening an office in Goma, North Kivu province, and undertaking visits to Ituri and the Kivu provinces in the future.
7) To support national efforts to fight impunity for the most serious crimes through fair, credible and impartial trials, notably by expressing support to the government's proposal to establish specialized mixed chambers within the Congolese judicial system, provided they are independent and effective, and by pressing for the urgent adoption of the draft legislation implementing the ICC treaty into Congolese law.
Kinshasa, March 13, 2014
Contributed by the HUMAN RIGHTS WATCH
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