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United Nations - Economic and Social Council

Commission on Human Rights - Fifty-third session

Item 10 of the provisional agenda

E/CN.4/1997/6/Add.2

2 April 1997

Question of the violation of Human Rights and Fundamental Freedoms in any

part of the World, with particular reference to colonial and other dependent countries

and territories

Report on the situation of human rights in Zaire, prepared by the Special

Rapporteur, Mr.Robert Garreton, in accordance with Commission resolution 1996/77

Addendum

Report on the mission carried out at the request of the High Commissioner

for Human rights between 25 and 29 March 1997 to the area occupied by rebels in

eastern Zaire.

CONTENTS Paragraphs

I. INTRODUCTION. . . . . . . . . . . . . . . . .1-14

A. The High Commissioner's request . . . . . . . . 1-5

B. The mission to eastern Zaire. . . . . . . . . . 6-14

II.THE EVENTS INVESTIGATED . . . . . . . . . . .15-46

A. Allegations of massacres

perpetrated by the rebels . . . . . . . . . . 15-37

B. The explanations provided by the

rebel authorities . . . . . . . . . . . . . . 38-42

C. Incidents not covered by the

premiminary investigation . . . . . . . . . . 43-44

D. The current situation as regards

the events investigated . . . . . . . . . . . 45-46

III. CONCLUSIONS AND RECOMMENDATIONS . . . . . .47-55

A. Conclusions . . . . . . . . . . . . . . . . . . 47-50

B. Recommendations . . . . . . . . . . . . . . . . 51-55

----------------------------------------------------

I. INTRODUCTION

A. A High Commissioner's request

1. In response to various allegations referring to massacres of Hutu

refugees in the

regions of Northern and Southern Kivu occupied by rebels from the Alliance o f

Democratic Forces for the Liberation of Congo-Zaire (AFDL), the High

Commissioner

for Human Rights issued a press release on 6 March 1997 in which, while

expressing

serious concern at those events, he stated that:

a) He was studying the possibility of sending human rights observers

to eastern

Zaire, if the necessary guarantee were provided and the necessary

funds were

available;

b) He had asked the Special Rapporteur of the Commission on Human

Rights on

the situation of human rights in Zaire to investigate the allegations

of massacres

and make recommendations to the Commision on Human Rights at its

forthcoming

session, which was to begin the following week.

2. The next day, the President of the Security Council expressed his

satisfaction at "the

sending of a United Nations fact-finding mission to the area", specifically

referring to the

consequences of the continued fighting for the refugees.

3. When the Rapporteur learned to the task that had been entrusted to him, h e

immediately wrote to the High Commissioner stating that (a) in his view the

dispatch of

observers to the field could not fall outside his own mandate, and that (b)

he was "in a

position to undertake the field mission immediately or at a time indicated

to him". He

added that, because of the serious nature of the allegations, "the

Rapporteur cannot

undertake a mission of this kind with the help of only one assistant: the

presence of

forensic experts or anthropologists and ballistics experts at the very

least appears

essential".

4. The Office of the High Commissioner explained to the Rapporteur that the

intentions

of both the High Commissioner and the Security Council were for the moment

limited to

a merely preliminary investigation designed to ascertain whether the

allegations of

massacres of refugees were solid enough to justify an investigation

involving all the

necessary technical resources. Given the urgent nature of the case, the

Rapporteur agreed

to undertake the preliminary mission, despite his reservations. For this

purpose, he

requested an authorization for the mission from the government of Zaire,

while the Office

of the High Commissioner requested the President of AFDL to allow the

investigation to

go ahead with security guarantees, this was accepted.

5. The mission was carried out between 25 and 29 March, the Rapporteur being

accompanied only by his assistant and the Director of the High

Commissioner's office in

Kinshasa.

B. The progress of the mission in eastern Zaire

6. The mission began with a round of consultations in Nairobi, in which

interviews were

held with representatives of United Nations humanitarian agencies,

international and

Zairian NGOs, human rights activists, doctors and eye-witnesses and other

persons

reporting the events which were to be investigated. A total of 11 persons

provided the

Rapporteur with valuable information for his work, many of them supplying

written

reports and evidence.

7. In Zaire, for reasons of time, the mission was limited to the town of

Goma, the scene

of many of the events under investigation and the seat of the power

exercised by AFDL.

In Goma, it was received twice by Moise Nyarugabo, Chef de Cabinet of the AF DL

President, Laurent Desire Kabila who was away.

8. The Rapporteur also met direct and indirect witnesses, members of the

families of

victims, social workers, lawyers and directors of humanitairian

organizations within the

United Nations system and local and international NGOs. Rwandan refugees on

their way

home were also interviewed.

1. A climate in which individuals were afraid to supply information

9. The Special Rapporteur normally identifies his sources of information

individually,

unless expressly requested not to. On this occasion, only one person was

prepared to give

his name. All the others, both in Nairobi and Goma and in the small

localities visited,

expressly requested him to withhold not only their identity, but any

indication which

would enable them or the organization to which they belonged to be identifie d.

10. This climate of fear contrasts with the atmosphere of greater security

generally felt in

the town and the small villages. Almost all those interviewed said that the

looting carried

out by the members of the Zairian Armed Forces (FAZ) had ceased, and that

it was safe

to walk along the streets. However, they also mentioned that working

conditions for

NGOs were very difficult, since they were not free to spread their ideas or

the reports

they produced.

2. Visits to mass graves

11. The Rapporteur paid three visits to small rural localities in Northern

Kivu which

reports and witnesses had identified as the scenes of massacres, or where

there were

indications of the existence of mass graves. He visited a site in

Kilimanyoka where, in the

middle of the forest, a few metres from the road, various pits covered with

stones

containing corpses could be clearly seen. He examined two of them, which,

according to

the witness who found thme, contained 46 corpses. He had found some of the

remains

"on 13 January; they were freshly buried, they had died no more than 24 hour s

previously, they had their hands tied behind their backs, they were naked an d

blindfolded". The Rapporteur then visited the Kibumba refugee camp, where,

on 27

December 1996, the fresh remains of 37 men were found, also bound, who had

been shot

or killed with axes no more than a week previously. Of course, many other

corpses were

found in the camp, but the Rapporteur wishes to highlight those cases where

it was quite

clear that death was not caused by the war. On a visit to the Katale

refugee camp, he was

told that the remains of 143 persons were buried there.

12. In the locality of Sake, the Rapporteur wished to visit a mass grave in

a coffee

plantation owned by a farmer named Madimba. However, the local inhabitants w ere

reluctant to provide information. Only a child aged around 14 pointed out

the places

where there were two mass graves, one containing Rwandan refugees and the ot her

members of the Mai-Mai militia. He said that they could not be visited

because they were

both in places which the AFDL forces had declared military zones.

13. The Rapporteur wished to visit the localities of Nyakariba and

Niabitaba, one of the

places cited most frequently in all reports as the scene of massacres, and

accordingly

requested the authorization necessitated by the prevailing lack of

security. The Chef de

Cabinet of the AFDL President foresaw no problems but said that he would

consult his

superior, since in the Masisi area fighting was continuing "and soldiers

from the former

Rwandan Armed forces and the Interahamwe militias frequently organize

ambushes". He

said that as the authorization had been requested at such short notice, he

could not offer

an escort as he had wised. In the circumstances, the Rapporteur decided not

to proceed

with the visit.

14. The Rapporteur then visited the locality of Matanda, also the scene of

massacres from

the occupation until the present. Although the office of the Chef de

Cabinet said that there

were no security problems or other difficulties in that area, a young

soldier manning a

roadblock in the locality of Mushaki refused the Rapporteur passage, so

that the visit had

to be called off only five kilometres from Matanda.

II. The Events Investigated

A. Allegations of massacres perpetrated by the rebels

1. The annual report on human rights in Zaire

15. In the annual report which the Rapporteur completed and sent for

editing, translation

and publication on 31 December 1996 (E/CN.4/1997/6), various sections are

devoted to

violations of human rights and of international humanitarian law committed

both by the

FAZ and the Zairian authorities and the rebel forces.

16. As far as the rebel forces are concerned, "there have been many reports

of atrocities

committed by AFDL, which habitually separated men from women and children.

It is

usually possible to determine the fate of the latter, but never that of the

former" (para.

197). Paragraph 198 gives a long list of "killings and in particular, all

forms of

homicide"; paragraph 199 states that "all reports indicate that AFDL kills

rather than

takes prisoners"; paragraph 208 states that AFDL obviously recruits

children, while

paragraph 209 reports difficulties placed in the way of humanitarian

assistance by the

rebels.

17. In this way, the Rapporteur believes that, well before the reports

which gave rise to

this mission, he had drawn attention to the events he was requested to

investigate.

2. The allegations which gave rise to the mission

18. Both the statement by the High Commissioner and that made by the

Security Council

refer to a variety of reports published in the press and issued by human

rights bodies.

19. The Rapporteur has studied these reports, as well as those from various

political and

religious figures in Zaire and abroad, reflecting their horror at what has

occured.

20. Many reports do not contain enough background information to enable an

investigation to be conducted for the moment: sometimes only a general

location is

indicated; in other cases the date, is not indicated, or it is impossible

to determine the

nature of the event, i.e. whether it involved genuine fighting or a

violation of the right to

life in breach of international humanitarian law.

21. In addition to the cases included in the annual report, the Rapporteur

was provided

with information on the following events:

3. Mass murders

BIGIRA (Kabare region, Southern Kivu): 100 individuals form the Alfajeri

School were

reportedly buried in a mass grave.

BIRAMBIZO (Masisi region, Northern Kivu): In early January, soldiers laid

siege to the

city, took the children from their families and killed their parents before

their eyes. The

bodies were piled behind the church and a $3 fee was charged for recovery

of each body.

BITONGA: One morning, the men living there were removed by members of AFDL a nd

taken to houses where they were executed. A witness reports having helped

to bury 134

bodies.

BUKOMBO: On 31 December 1996, AFDL called a meeting and fired on those who

attended, killing 300 persons. The rebel soldiers destroyed the hospital's

stocks of

medicine in order to prevent treatment of the wounded.

BURHALE (Bukavu region, Southern Kivu): According to a report transmitted

to the

Special Rapporteur, allegedly by an eyewitness who also mentions the Red

Cross as a

source, the rebels murdered some 600 refugees at the Kashusha camp. In

reality, there

are said to have been over 2,000 victims. The same information was provided

by Deputy

Prime Minister Kamanda wa Kamanda in a communique dated 16 February 1997.

CHIBUMBI(Masisi region, Northern Kivu); An individual from the Hutu ethnic

group

reports having spent three days near Numbi burying many victims killed by

the rebels.

CHIDAHO (on the road to Irabata): A witness informed the Rapporteur that he

had seen

a common grave, but no bodies, in early Novemebr.

CHIMANGA (Walungu region, Southern Kivu): According to a report from Deputy

Prime Minister Kamanda dated 16 February 1997, about 500 persons were

killed at this

camp; the same information was provided by Amnesty International. Other

sources state

that 103 bodies were found.

CHANZU (near Jomba, Rutshuru region, Northern Kivu): According to an NGO, 20 7

people were killed in an ambush after being called to a meeting at a church.

GOMA: A communique from the Zairian Association for the Protection of Human

Rights

(AZADHO), one of the country's most respected human rights organizations,

reported

mass graves in the following locations: (a) in Trois Paillotes, near the

Kalamo Hotel; (b)

behind the Petrost petrol station near the TMK/Goma junction; (c) in the

"Axe Katindo"

(some 15 graves); (d) in the Anauarit, primary school, besides the

basketball court; (e) at

the small Kasoko Kacheche market (at least two graves); (f) at the small

Kaoko Instigo

market; (g) in a corridor at the home of the principal regional inspector,

across from the

Amani high school.

JOMBA (Rutshuru region, Northern Kivu): Armed forces from Rwanda killed a

priest

and five nuns in early November.

KABINGO (Masisi region, Northern Kivu): Many Hutu fighters were killed in la te

January during an AFDL search for arms at the home of Mwami Shrimpumu. When the

Hutu fighters had left, the rebels killed civilians.

KAGUSA (Masisi, Northern Kivu): The residents were called to a meeting

where they

were attacked with knives. The event took place in December 1996.

KAHINDO (Rutshuru region, Northern Kivu): According to a communique from Dep uty

Prime Minister Kamanda, about 100 persons were killed at this camp. An NGO,

Grande

vision pour la d,fense des droits de l'homme, reported 200 deaths, but a

letter from an

individual claiming to have been an eyewitness mentions 3.500 deaths.

KAHIRA: According to AZADHO, Zairian Hutus and refugees were massacred.

KAPANZI; According to a Burundian refugee, the camp was shelled form Rwanda.

KAROBA: (Masisi, Northern Kivu): One Saturday in January 1997, 35 residents

were

killed at the church by AFDL troops, who returned the next day and killed

an additional

42 persons.

KASIBA (Southern Kivu): The Rapporteur interviewed a witness who stated that an

individual he knew who had lost three relatives had told him that

Banyamulenge troops

had killed many people there in early October. He claimed to know of the

existence of

103 bodies at that location.

KASURA: Both the Party of Nationalists for Integral Development (PANADI) and

AZADHO state that Zairian Hutus and refugees were killed there.

KATALE (Rutshuru region, Northern Kivu): Both Deputy Prime Minister Kamanda and

AZADHO have mentioned the murder of 500 (the Deputy Prime Minister) or 200-3 00

persons (AZADHO) at this refugee camp. The Rapporteur visited the camp and w as

informed of the death of 143 persons.

KIBABI: According to a second-hand account from a member of the Hutu ethnic

group,

as well as a PANADI report, many people have been killed in various AFDL

attacks.

KIBUMBA: According to the above-mentioned AZADHO communique, between 50 and

100 skeletons are located in each of three locations at this refugee camp.

The Rapporteur

visited the camp and was able to verify the existence of graves, but not

the number of

bodies.

KIBUMBA PARC: The Rapporteur visited two locations in this park, where

there were

obvious signs of graves, but was unable to determine the number of bodies

buried there.

However, a withness who claimed to have found a number of bodies stated

that "they

were still warm, as if they had been killed that same day; this was during

the month of

January".

KIBUMBA VILLAGE: Over 1,500 bodies were found in the village, removed and

buried

by a group of residents, one of whom told the Rapporteur that "there were

many of them

who we did not know, but we thought it would be humane to bury them. We

were very

frightened." According to a public report by Grande Vision, there were a

total of 2,500

deaths in the three areas of Kibumba.

KILIMANYOKA (Northern Kivu): The Rapporteur observed 46 bodies in graves, so me

of who had been found in January, freshly buried, naked and with their

hands bound.

KIRUMBU: According to AZADHO, a massacre occurred in this location as well.

LUMBISHI (Masisi, northen Kivu): A witness reports that AFDL killed several

Hutu

civilian refugees and Zairians. Although various important details are

provided, the date

on which the incident occurred is not mentioned. AFDL stated that all the

victims were

Interahamwe.

MATANDA (Masisi region, Northern Kivu): a health centre was destroyed by reb el

soldiers, two male nurses were killed and the parish church was pillaged,

creating a

climate of terror which seems to persist even today. The Rapporteur came

within five

kilometres of the site, but a military patrol at Mushaki prevented him from

continuing.

According to PANADI, 250 people died in the incident.

MUNIGI: Decomposing, strong-smelling bodies were reportedly found in the

woods near

Munigi along the Kibumba-Rutshuru road in Northern Kivu. The incident has be en

mentioned by only one witness, who has not been questioned.

MUGUNGA (Katindo region, Goma, Northern Kivu): Deputy Prime Minister Kamanda

reports that some 3,000 persons were killed at the refugee camp here.

AZADHO claims

that there were some 10,000 deaths, that the incident took place on 14-15

November

1996, and that the attack was carried out by the Rwandan Patriotic Army and

the Mai-

Mai militia.

MUGUNGA: According to AZADHO and an unidentified witness, the remains of 12

men, 10 women and 30 children, all of them shot through the head, were

found at a

locaiton an hour and half north of Mugunga.

MUSHABWABWE (community of Bwito, Northern Kivu): According to a major local

NGO, AFDL attacked and killed former members of the Rwandan Armed Forces and

Interahamwe, no dates or numbers were provided.

NGUNGU (Masisi region, Northern Kivu): According to AZADHO, the Mai-Mai mili tia

and AFDL jointly attacked Ngungu on 19 November in reprisal for a massacre

committed

by refugees fleeing the Mugunga camp, resulting in about 1,500 victims,

many of them

innoncent.

NYAKARIBA (Masisi region, Northern Kivu): Various sources mentioned that

there was

a massacre in this region on 22 December 1996, although the accounts vary

considerably

in numbers and other details. It is reported that out of a population of

25,000, only the

women and children survived an attack by Mai-Mai with aFDL support on 24

December

1996.

PANADI claims that there were 300 deaths. A witness reported bodies with

their hands

tied behind their backs.

NYAMITABA (community of Bashali, Masisi region, Northern Kivu, primarily Hut u):

On the morning of 21 November 1996, Mai-Mai and AFDL troops reportedly

killed some

50,000 persons, including about 1,000 refugees. An anonymous witness stated

that there

had been 4,500 deaths, but witnesses interviewed by the Rapporteur said

that, while the

events had indeed taken place, the actual numbers were far less. The

magnitude of the

incident called for a visit to the location by the Rapporteur, but he was

unable to do so

for the reasons mentioned ablve.

RUHEGERI (Masisi region, Northern Kivu): According to a witness's account

read by

the Rapporteur, the village was attacked one night in December 1996 by

AFDL, resulting

in the deaths of around 400 unarmed civilians, although other accounts

mention 80

deaths.

SAKE (Northern Kivu): The Rapporteur received reports on the spot of a mass

grave at a

coffee plantation in which, according to AZADHO, several dozen refugees

killed by the

Mai-Mai militia were buried. According to a witness interviewed by the

Rapporteur, five

of the seven individuals murdered in one attack were women.

SHABUNDA: In a newspaper interview, a priest reported having been told by

Rwandan

refugees that AFDL soldiers had killed or caused the disappearance of their

younger

companions. It was also reported that rebels had attacked the refugee camp

there,

claiming an undertermined number of victims.

SHINDA (locality of Bweza, Rutshuru region, Northern Kivu: Rebels attacked

the market

in early January 1997, killing several people.

TONGO: A Rwandan refugee told the Special Rapporteur that "on 19 January,

about 1.30

in the afternoon, we were attacked by the criminals, who killed my father,

my mother,

my wife and my son. I fled. They killed 38 people. The attacking soldiers

appeared to be

Tutsis".

4. Summary executions attributed to the rebels

22. The Rapporteur was informed of the following summary executions

attributed to

rebels. (1) Mr.Muhosi Sebulire Karora, Chairman of the Virunga Farmers

Association

(MAGRIVI), together with his wife, in Kiwanja on 7 January 1997; (2) R.

Elderly, a

Hutu teacher in Birambizo, Masisi; (3) Mr.Sanga, a Hutu and member of the NG O,

CAJED, who was accused of being an Interahamwe and murdered during December

1996

in Goma; (4) Anselmo Kanyancogote; (5) Tambata Oswald; (6) Abbot Nirere

Benoit and

five nuns of the Saint Vincent de Paul congregation; (7) Nzavuga Paul, (8)

Bitegetsimana

Claer (January 1997); (9) Kabunga Kapitene; (10) Muhawe; (11) Gatambi

Ndisetse; (12)

Nsengiyumva Emmanuel (abbot); and (13) Kanyamaza Charles (deacon).

23. A witness stated that "anyone who wears jeans, is young or speaks

Lingala is risking

his life".

24. Two individuals told the Rapporteur that they had seen bodies floating

in the lake in

mid-December, when there was no longer any armed conflict in the region.

5. Enforced disappearances

25. (1) Come Cihababo, of Rutshuru, a former police officer with the

Service national

d'intelligence et de protection (National Intelligence and Protection

Service - SNIP- who

was held for 14 days in the former prison of the eighth district, at Goma,

in February,

has disappeared; (2) Bazar, another former SNIP officer and official of the

Second

Republic, was arrested in December and disappeared after being held for 50

days in the

above-mentioned prison; (3) Tarcisse, a Hutu from Rutshuru and employee of

UNICEF,

who was arrested on 28 January 1997 by AFDL soldiers in Goma, and has not be en

heard of since; (5) Balibutsa Desire, of whom there has been no word since

his arrest on

22 January 1997; (6) Two Hutu taxi drivers, whose names are unknown and who

were

arrested by ADFL soldiers in Goma; (7) Mwuyekure Leon, a doctor working for

UNICEF and other agencies. His wife is the only witness who agreed to her

name being

published. He was abducted near the offices of UNHCR on 24 November by

eight AFDL

soldiers. His wife told the Rapporteur that she had met relatives of five

other persons in a

similar situation, but that, after receiving threats, they had decided to

return to Rwanda;

(8) Karimunda Pierre, who was arrested at his home on 19 November 1996; (9)

Nikwigize Phocas, a Rwandan bishop who was arrested at the Rwandan border wh ile

attempting to return home on 30 November 1996; (10) Kaquriro Nsenga Jean

Baptiste,

who was arrested at his home on 2 December 1996; (11) Nturanyi Mupenda

Pascal, a

Rwandan who was also arrested on 2 December 1996; (12) Hakuzimana Ernest,

who was

also arrested at his home on that date; (13) Bavakure Enock, also Rwandan,

arrested on 3

December 1996; (14) Thomas wa Bata.

6. Other human rights violations

26. Although they fall outside the terms of the request made by the High

Commissioner

regarding this mission, the Rapporteur feels compelled to mention that he

received many

accounts of other human rights violations, such as:

Torture and other cruel, inhuman or degrading treatment or punishment

27. Many people said that torture was still being practised, this time by

AFDL, and

witnesses agreed that detainees are frequently beaten violently in the sto mach, as a result

of which some of them have died. Mention was made of a woma

n who had been beaten

on charges of witchcraft, although she in fact turned out to be seriously

ill with malaria

and finally survived. It was reported that Gatambi Modeste, the coordinator

of the

Protestant schools in Goma, had died as a result of torture. Hitimana

Pierre, a leader of

ACODRI, an NGO, was also tortured on premises of the 8th district in Goma on 11

January 1997.

28. The Rapporteur was also told that soldiers belonging to the Alliance

had raped many

women.

Violations of freedom of expression

29. NGOs reported that it is impossible for them to distribute their

reports. A striking

example was the case of the Goma section of AZADHO, after a forceful report

had been

published in Kinshasa on the very acts investigated by the Rapporteur, the

town's only

radio station, controlled by the rebels, began a campaign to pressure and

threaten the

officials of the regional station into refuting the report broadcast by the

central station.

30. It should be added that there is no freedom of expression, no

newspapers circulate

and there are no signs of pluralism on the radio.

Violations of the right to property

31. There have been numerous reports that property, including buildings and

vehicules

belonging to members of the Hutu ethnic group, as well as to people close

to Marshal

Mobutu's regime, have been confiscated by the rebel forces in power. One

witness said

that as far as the Alliance was concerned, "anyone who owns property is a

Mobutu

supporter".

Enlistment of children

32. The Rapporteur observed that the rebel forces were partly made up of

children, a fact

already denounced in his annual report. (E/CN. 4/1997/6 para. 208).

Impediments to humanitarian action

33. The annual report, submitted in December and published recently,

described how

"humanitarian assistance has been impeded by all parties to the conflict"

(same report

para. 209). This has grown worse during the current year, particularly in

the area under

rebel control.

34. Throughout the years of conflict, all those involved have taken the

easy option of

blaming the "international community", which boils down to UNHCR and the oth er

humanitarian agencies, for all the atrocities. Thus the government in

Kinshasa blames

UNHCR for the lack of security in the camps which made possible the

massacres by the

rebels, regardless of the fact that it is the government which is

responsible for security

throughout its territory, to which end it has also received financial and

technical support

from ZCSO (the Zairian Camp Security Operation). In turn, the rebels accuse

UNHCR of

having failed to remove those who intimidate the refugees and allowing them

to make

forays into Rwanda, even though UNHCR has always urged the removal of the

Interahamwe and former FAR members, a request which the government has

failed to

comply with despite its promise (E/CN. 4/1996/6, para.51 and E/CN. 4/1997/6;

paras.157 and 158). Moreover, the rebels view the refugees as enemies, on th e

assumption that they are all armed, and this makes it undesirable, or at

least unsafe, to

provide assistance. Even aid is interpreted as support for the extremist

refugees.

Naturally, neither the humanitarian agencies nor the Rapporteur share this

view.

35. While it is not true to say that the agencies are permanently and

systematically

prevented from entering the refugee camps, it is often difficult for them

to do so, leading

to delays, which are extremely costly in terms of human lives. The delays,

for which the

agencies are not responsible, give rise to criticism from the refugees, who

are unaware of

the huge efforts made to avoid them.

36. One such incident occurred during the mission. Some of the

approximately 100,000

refugees who left Ubundu stopped at the Lula camp, where many of them were

dying of

hunger. However, UNHCR was unable to reach the camp because the Alliance

refused to

grant it access, on the usual grounds that it was a military threat. The

refugees were

asked to move 25 kilometres further south, which was absolutely impossible

in view of

their hungry and diseased conditions. The Rapporteur hopes that the current

discussions

will make it possible for the aid to reach its destination.

37. The statistics on human rights violations do not cover deaths of

refugees caused by

delays in providing medical care and food, many of which were easily avoidab le.

B. The explanations provided by the rebel authorities

38. The Rapporteur laid the allegations contained in this report before

Laurent Kabila's

Chef de Cabinet, Moise Nyarugabo.

39. The Chef de Cabinet justified the incidents in terms of the fact that a

war was going

on; he then claimed that the allegations were merely a smear campaign by

the prot,g,s of

the former regime "which was a past master in lying". He also claimed that

the refugees

and "countries with interests in Zaire that support Mobutu" has

orchestrated a smear

campaign to discredit the Alliance. He added that the Alliance had nothing

to hide, and

that the Special Rapporteur was welcome to carry out his mission. Finally,

he argued that

in principle, he could see no reason why the Rapporteur or a commission

should not carry

out a definitive investigation.

40. Regarding the allegations concerning the lack of freedom of expression,

he said that

the NGOs are completely free to operate, to carry out their work and issue

their

publications; that the lack of other radios or newspapers was due to the

fact that nobody

had requested permission to set them up.

41. He justified the seizure of property on the grounds that it was merely

temporary,

while maintaining that only the ill-gotten gains of the former regime's

highest-ranking

leaders had been confiscated.

42. The Rapporteur pointed out that the arguments put forward were

unacceptable: many

of the alleged incidents could not be justified even in time of war, since

war too, is

subject to regulations and there are limits to what is permissible in

combat. Alleging a

smear campaign was the classic response of regimes that violated human

rights, and

merely destroyed the credibility of those who resorted to such a defence.

Moreover, the

inability of NGOs to publish reports had been repeatedly alleged and seemed

to be a

matter of fact. The absence of freedom of information is obvious in Goma, an d

confiscation had been directed not only against the property of senior

dignitaries of the

Kinshasa regime, but also that of traders without any links to the regime,

despite the fact

that such action could only be justified following consideration by the cour ts.

C. Incidents not covered by the preliminary investigation

43. The purpose of the Special Rapporteur's mission was to investigate the

massacres of

Hutu refugees which had allegedly occurred in many refugee camps in eastern

Zaire (in

pursuance of the High Commissioner's statement) and the consequences of the

continued

fighting for the refugees and inhabitants in the region (under the

statement by the

President of the Security Council). In view of the shortness of the mission

and the need to

prepare an urgent report for the current session of the Commission on Human

Rights, it

was not possible for the Rapporteur to investigate - as he would have

liked to do - the

violations of the right to life committed by the refugees themselves (such

as those in

Hombo, in the region of Kalehe, Southern Kivu); those in Kitchanga

(otherwise known as

"Itebero" or "Kirorewe") on 6 and 7 November 1996, during which, as a

relative of one

of the injured told the Rapporteur, members of the former FAR killed

approximately 500

or 600 civilians and Mai-Mai, although other sources put the number of dead

at 1,500;

those at Minova (Kalehe region, Northern Kivu), in which eight Tutsis were

killed on 5

November 1996 by Mai-Mai, those of 2 November 1996 at Ngungu, in which

according

to an eyewitness, seven persons were killed by Hutu militia, or the

frequent attacks

against the refugee wishing to return to their country by the Interahamwe

and former

FAR.

44. Nor was he able to investigate the crimes committed by the Zairian

Armed forces,

such as the shelling of a village at 314 kilometres on the Kisangani road,

killing all the

inhabitants and many others.

D. The current situation as regards violations of the right to life

45. The Rapporteur has decided to devote a separate section to reports of

incidents that

occurred in February and March 1997, in order to highlight the urgent need

to undertake

trhe necessary investigations to prevent their repetition.

==>Everything described in this report didn't just happen yesterday, but it

still going

on today.<==

The aim of the thwarted visit to Matanda was precisely that: witnesses have

reported

executions taking place between 18 December and 21 March.

==> 13 February: approx. 100 refugees were massacred at Kingulube;

==> 14 February: soldiers belonging to AFDL cut a refugee's throat at

Kibandamango;

==> 20 February: 17 refugees were killed at Luseke, Southern Kivu;

==> 21 February: 29 refugees from Shabunda were killed at Kingulube;

==> 21 February: a large number of people were murdered in an ambush;

==> 22 February: 16 refugees were hacked to death at Mitaba;

==> 25 Febraury: the Nunciature reported that 11 refugee priests and

nuns were

murdered at Kalima, Maniema, by soldiers belonging to AFDL; the vicit ms

were Antoine Hatakekimana, Emmanuel Munyakazi, Jean Uwizeyimana,

Norbert Mulino Ubona Mihigo, Francois-Xavier Muyoboke, Urbain

Twagirayezu, Etienne Kabera, Augustin Nkuli Kiyumukiza, Marie-Francin e

Nyurarynkundu, F,licit, Mukamihogo and Clotilde Myirabakungu;

==> 8 March: two refugee women and two refugee children were detained by

members of AFDL at Kingulube;

==> 11 March: a former member of FAR was allegedly killed by AFDL

soldiers at

Mwezo;

==> 15 March: soldiers belonging to AFDL killed a Hutu, who had been

living in

Zaire for years, at his home, after having interrogated and tortured

him the day

before.

46. One witness summed up the situation in a nutshell. "In the region of

Masisi refugees

and zairians are being shot almost every day by the Banyamulenge. But the

security

situation is not alarming as calm returns after the massacres".

III. Conclusions and recommendations

A. Conclusions

47. The mission with which the Rapporteur was entrusted by the High

Commissioner for

Human rights was subject to four kinds of restriction: (a) the brief was

drawn up in terms

of preparations for an in-depth mission; (b) the Rapporteur was assisted by

a single

assistant and the officer in charge of the High Commissioner's office in

Kinshasa, and he

was given no scientific support; (c) in terms of time, the Rapporteur had

to limit himself

to only five days, as he was requested to submit his recommendations to the

current

session of the Commission on Human Rights; (d) he was not requested to

provide a report

on the overall human rights situation in Zaire, nor in the region occupied

by the rebels,

but only on the allegations of massacres of Hutu refugees.

48. As a whole, the information compiled in this report confirms the

situation already

described by the Rapporteur in his annual report, submitted on 31 December

(E/CN.4/1997/6, paras.197 to 209), concerning the serious violations of the

right of life

committed by the Alliance. Although the information is frequently

inadequate and even

contradictory, as a rule the acts denounced actually occurred. The events

at Lemera and

Kidote on 6 October; at Bukavu on 31 October; at Goma in early November; at

Matanda,

Katale, Mugunga, Chimanga, Nyakariba, Nyamitaba and elsewhere are for the

most part

confirmed by numerous reports and testimonies, although estimates of the

number of

victims vary.

49. Some reports, which advance figures out of all proportion even to the

number of

inhabitants of the scenes of the incidents, are undoubtedly exaggerated. In

the case of

Nyakariba, figures vary from 300 to 15,000, while in the case of Nyamitaba,

the figure

ranges from several hundreds to 4,800 and even 50,000.

50. It is indisputable that the Alliance of Democratic Forces for the

Liberation of Congo-

Zaire is far from fulfilling its commitments to respect human rights.

B. Recommendations

51. The Rapporteur believes that the events described in this preliminary

report cannot

go unpunished. What is described here is still going on, with complete

impunity. As everyone knows, the best way to prevent violations of hu man

rights and of international humanitarian law is to investigate the events,

to try those

responsible and to impose appropriate punishments.

52. Since 1974, the Commission on Human Rights has developed a set of

mechanisms to

investigate human rights violations, either in a particular country or when

they constitute

a particularly reprehensible or perverse violation of human dignity. The

growing

efficiency of the mechanisms may be judged by the confidence shown in them

by human

rights activists and institutions and by the impact of their reports. A

further advantage is

their public nature.

53. Various types of coordination have been established through these

procedures, in

conformity with the mandate from the World Conference on Human Rights,

leading to

joint missions and reports.

54. Although these reports have so far been submitted to only one, or at

the most two

forums (the annual session of the Commission on Human Rights and in some

cases, the

session of the General Assembly), there is nothing to prevent other bodies

such as the

Security Council, from dealing with them.

55. In the light of the above, the Special Rapporteur wishes to make the

following

recommendations to the Commission:

1. In conformity with the procedure laid down in Economic and Social

Council

resolution 1235 (XLII), it should decide to investigate the gross

violations of the

right to life committed in eastern Zaire against refugees and the

local population,

by establishing a commission which could comprise a member of the Worki ng

Group on Enforced Disappearances, the Special Rapporteur on extrajudici al

executions, the Special Rapporteur on the question of torture and the

Special

Rapporteur on human rights in Zaire;

2. The Secretary-General should provide the future commission with all

necessary

technical and financial support, including the participation of

forensic experts,

anthropologists, ballistics experts and such other experts as are

required;

3. The High Commissioner for Human Rights should keep the

Secretary-General,

and through him the General Assembly and the Security Council,

informed of the

progress made in the work of the commission, and of the interim and

final reports

produced by it.

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Medecins Sans Frontieres/Doctors Without Borders

Report

Summary of Findings

Reconstruction Report: Bukavu-Shabunda (South Kivu, Zaire)

This report is the result of a humanitarian exploratory mission by

Medecins sans Frontieres (MSF) of one week in south-east Kivu, Zaire.

MSF has not been a direct witness to all events described. The first

hand testimonies are complemented with evidence from other reliable

sources.

From 26 March to 3 April 1997, an exploratory mission was carried out by

MSF, to assess where to set up extra transit centres for the

repatriation of refugees along the western axis

(Bukavu-Kigulube-Shabunda) in South Kivu, Zaire. During this mission,

MSF came across clear indications that serious violations of

international humanitarian and human rights law have taken place, and

are ongoing. MSF has received permission from the Alliance des Forces

D mocratiques pour la Lib ration du Congo-Zaire (ADFL) to travel the

road from Bukavu to Shabunda, that is under control of the Alliance.

Testimony

------------------------------------------------------------------------

Testimony was received throughout the mission from the local population

as well as from expatriates working in the area who came forward at

practically every stop along the road, though visibly scared and despite

the presence of ADFL informers in every village. Information provided

ranged from general descriptions of military practice in the area to

accounts of precise human rights violations, specifying dates, places

and numbers of victims. Not only were these accounts consistent

throughout the mission, but the existence of military operations against

refugees was confirmed by military personnel during the mission.

Perceptions and observations made by MSF staff during the mission also

supported reports. Throughout the mission a strong military presence

could be seen along the road from Kigulube to Shabunda.

Large numbers of refugees are hiding in the dense forests along this

axis. Villages, often containing just a few houses, line the road, where

smaller groups as well as individual refugees can be found. Very often,

these are unaccompanied minors or people too sick to stay in the forest

- in general, refugees are afraid to come out of the forest.

Killings

------------------------------------------------------------------------

The military is present at Kigulube. After Mwpe (12 kilometres west of

Kigulube), the team encountered military patrolling the road. Local

population as well as expatriates working in the area unanimously report

that the military are killing refugees: this has been the practice over

the past months and is ongoing. Originally, the military was said to

have targeted male refugees, both adults and young boys, but have

recently changed to also kill women and children. As has been directly

stated to MSF by a military commander, "all ex-FAR (Forces Arm es

Rwandais) and interahamwe had to be eliminated - it is unfortunate if

they are using women and children as a shield". He also declared that

"all those in the forest are considered to be the enemy".

Both military commanders and personnel from the Soci t Nationale de

Renseignements (SNR), a newly established secret service body, explained

to MSF that they had started to go into the forests to look for

refugees, but that it was difficult to find them. It was stated

explicitly that, for this reason, they needed the presence of

international organisations: as refugees heard they were in the area,

they would think it safe to come out onto the road. During the mission,

the MSF team was repeatedly told that the military had informed the

villagers of their upcoming trip two weeks in advance. A pattern was

also reported according to which refugees, hearing of the presence of

international organisations, would come out of the forest. They would

then be followed and killed by military. Plans to start a repatriation

process, whereby refugees would walk east along the road from one

waystation to the other, are also said to fit the military's strategy of

getting them out of the forest for elimination.

Intimidation

------------------------------------------------------------------------

The local population in the area is intimidated and threatened by the

military. Villagers have been told not to help the refugees but,

instead, to get them to leave the forest and come out onto the road to

make their way to Rwanda. Once on the road, however, they are killed.

The intimidation campaign was stepped up by the military in the context

of an "ideological seminar", which took place in Shabunda from 17 to 23

March 1997. All community chiefs (chefs de groupement) of the region had

to take part in it. MSF was told that, at this seminar, Easter Sunday

was set as a deadline: anyone found helping the refugees after that day

would be tortured and killed by the military. Two incidents were

reported to MSF in which the military killed members of the local popul

ation and which occurred during the time of the exploratory mission: in

the first one , the victims were local staff at a mission compound

providing shelter to refugees; in the second case, villagers who had

talked to the team on its way to Shabunda were taken away by the

military, allegedly to be killed.

At the above-mentioned "ideological seminar", village chiefs were also

charged with assisting the military in "cleaning the road". This was

understood to mean removing bodies and bones as well as other

indications of killings, such as clothes, cooking utensils, etc., from

the roadside. On the road, at km 145.5 west of Kigulube, the MSF team

encountered a group of soldiers and villagers. Clearly surprised by the

team's arrival, the Commander yelled at the team, trying to intimidate

them, while his men could be seen hurrying to put shovels into a truck.

Earlier, the team had received numerous reports about the road from

Katchungu to Shabunda being littered with bones and decomposing bodies.

As the team proceeded, only two skeletons could be seen. However, there

were signs of cleaning operations having taken place which grew more and

more visible as the team approached Shabunda.

Conclusions

------------------------------------------------------------------------

On the basis of the findings of the exploratory mission, as described

above, MSF believes that there are strong reasons to conclude that:

1. Large-scale killings of refugees have been taking place in the

Bukavu-Shabunda region during the recent past. These killings do not

take place in the context of combat. All refugees are considered to be

enemies and therefore targeted, including women and children. As a

result, refugees in the area are not safe.

2. Such killings continue to occur.

3. Refugees in this context do not receive the protection granted to

them under the provisions of international law.

4. The local population is being intimidated and threatened not to help

the refugees but rather help the military in their attempts to track

down refugees and kill them. Methods used by the military include

beatings and killings of local population.

5. The military is using the presence of international organisations

(governmental as well as non-governmental) as bait in order to attract

refugees out of the forest and onto the road, thus facilitating their

elimination. Similarly, the repatriation process, as currently

envisaged, fits the strategy of the military, as it, too, encourages

refugees to appear from the forest.

6. Legal responsibility for violations of human rights and grave

breaches of international humanitarian law lies with the warring parties

that control the areas concerned.

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