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3 April 2009

Women, Let’s Get Up and March

By In Situ

Sister Sophie Kitoga who runs the Congolese organization Femme, Lève-toi et Marche (translates loosely to Women, Let’s Get Up and March) based in Bukavu recently spoke to the CICC Secretariat over email about her reaction to the Lubanaga proceedings. What follows is the full text from that conversation. Please note that translation from the original French is informal and provided by the CICC Secretariat.

The Thomas Lubanga trial is very important for people in our country in that we can start to see that what is written in our constitution with regard to the fight against impunity is finding responses. The trial is equally important for our organization, Femme, Lève-toi et Marche [member of the Congolese National Coalition for the ICC] which is comprised of female victims of rape. Our goal is to assist rape survivors in recovering from the psychological trauma and lethargy that this type of scourge inflicts on them.

Many women have been physically mutilated (often genital mutilation resulting in fistula) whereas others have had their breasts cut, wounds on their thighs, buttocks, back and stomach. Others still have been traumatized psychologically given the fact that they have been raped repeatedly in the presence of their husbands or their children.

What remains is this feeling of shame and humiliation. Some are blamed by their husbands or children who pretend that these poor victims consented to rape. The consequence is that these women are discouraged to the point of wanting to commit suicide. The disgust they confront from others forces them to want to withdraw from society and forever stop taking part in any kind of social or economic order.

What’s more, the children born as a result of rape become innocent victims and are not accepted by members of the family into which they are born but also the society as a whole. We have a name for these children: Hutu children. For some mothers, it’s hard to accept these children. These children bear the signs of the very things Lubanga is accused of. If by some misfortune, Lubanga is acquitted, where will be the justice? The impunity our country suffers from will continue and the victims will become more and more numerous.

Personally, I don’t know Lubanga and that probably goes for many Congolese. But we have heard about the acts he is alleged to have committed as well as his soldiers. All of us here in the Congo wait for justice to be done-many people have been killed, families have been forced to leave their property, their fields, and their businesses. Poverty and misery are being fought in every region. Should Lubanga be found guilty, such a verdict could bring comfort-and perhaps indemnities so that people could return to their activities. Women too could regain hope for the future.

As for the violence, I don’t know if the failure to convict Lubanga would help victims recover their belongings, but it would restore some confidence in power and the love of country these people feel for the Congo-victims would feel vindicated and from this would flow a feeling of patriotism.

As for women, in addition to the sense of security and a return to justice, the women would feel revalorized and rehabilitated.

Let’s talk about our country’s supreme court: the Lubanga trial stands to breathe courage into our national court system in terms of its ability to openly pursue the issue of rape and fight for justice. The trial stands to vanquish fear and false shame which together propel rape. We are scared because we are threatened-you see, it’s this false sense of shame that forces people to remain quiet and not denounce these rapes. This trial will encourage the country’s system of justice to formulate laws against all manner of violence against all types of people-but especially those most vulnerable: the weak, women and children.

I don’t know if many victims will have the possibility to testify as eyewitnesses; many would no doubt fear retaliation. It must be that victims come together to fight-for this to happen, the Congolese state must start up investigations to find the perpetrators. The Church, too, has a role to play in condemning this scourge because rape goes against religious respect for physical integrity.

The enlistment of child soldiers is a grave crime because it deprives children of their childhood and their right to grow up under the affection of their parents. It also deprives them of a normal education. It hurts children psychologically and morally: child soldiers no longer respect the law that holds a society together: you shall not kill, you shall not steal, and you shall respect adults, small children, older people, women and girls. Contrary to these societal laws, child soldiers have moral wounds that force them to learn to act immorally: rape, lie, murder and speak obscenities. All this goes against our common human culture and the African culture. For victims, a guilty verdict for Lubanga would be a milestone in the fight against impunity. In this sense, the symbolic dimension of the trial will serve as a lesson. Whoever would or would be tempted to act as this man has will think twice. And those who give such a person arms will also be denounced because they too carry a heavy responsibility for the wars in Africa.

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18 February 2009

Inadequate information persists on the ground

By Descartes Mponge Malasi

Civil society and the international community must unite in order to address the greatest challenge with the Lubanga trial: the lack of public information on the ground. Far too many segments of the population here, and victims of UPC force’s cruelty in particular, are not receiving adequate information about this historic trial. Sadly, the trial runs the risk of being exploited by those seeking to twist information and misinform. In Goma and in Bukavu, for example, we have heard false rumors that the Prosecutor’s Office has no additional witnesses and that Lubanga will be let go in the near future.

In response to this troubling trend, the Congolese Coalition for the ICC in the South-Kivu (CN-CPI) convened a 10 February meeting with various national and international actors fighting against impunity in South-Kivu to exchange views. Participants expressed overall dissatisfaction with the amount and level of penetration of the Court’s public information efforts on the ground. As an example, victims and witnesses in the Kivus and in the township of Kisangani have virtually no access to information on the hearing.

There has been widespread agreement that the Court’s Public Information and Documentation Section (PIDS) should quadruple its efforts on the ground to reverse the rampant misinformation. Participants also came up with a set of recommendations for PIDS, namely that PIDS must make DVDs or CD summaries more readily available so the CN-CPI and others can organize viewings; PIDS must also make the various decisions handed down in the Lubanga trial publically accessible so that magistrates, lawyers, students and Congolese researchers alike may be better informed and inspired by the proceedings. While the consistently high-quality work of Radio Okapi was underscored, participants emphasized the need for radio programs on the ICC to reach more rural media outlets.

While the ICC field office in Kinshasa is experiencing some success with the distribution of its audio visual summaries, much work remains in terms of improving and expanding access to public information. And yet the ICC alone cannot satisfy the demand for information day to day. Robust outreach must be regarded as a high priority by all actors fighting against impunity.

Descartes MPONGE MALASI
South-Kivu focal point for the Congolese Coalition for the ICC (CN-CPI)

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12 February 2009

International Day against the Use of Child Soldiers

By Neuilly Apendeki

Today the world celebrates International Day against the Use of Child Soldiers. Ajedi-Ka/Projet Enfants Soldats, an NGO working to rehabilitate child soldiers in eastern DRC, denounces the use of child soldiers in the DRC army as a crime—a crime which must not only be denounced, but which also must lead to the judgment and punishment of those responsible.

The use of child soldiers in the DRC army is unacceptable. Children belong in schools, not armies. Children have an inalienable right to an education and the Congo needs nothing more than children who can become managers and take part in building our nation. Those who recruit children for armed conflict—whether it is through so—called voluntary or involuntary means-must stop this practice immediately and be brought to justice in conformity with the articles of the Rome Statute which makes the recruitment of child soldiers under the age of 15 punishable by international criminal law.

As for the trial of the Congolese warlord Thomas Lubanga Dyilo, allegedly responsible for enlisting and conscripting children under the age of 15 years into the Forces patriotiques pour la liberation du Congo and using them to actively participate in hostilities, we are waiting for an equitable justice to be delivered in service of the ongoing fight against impunity. The case of Thomas Lubanga must serve as an example for those who continue to commit all manner of human rights violations. We hope that the sentence rendered in The Hague ensures that justice reigns in our country and that impunity ends in the Congo.

Neuilly Apendeki is a program officer at the Congolese NGO Ajedi-Ka/ Projet Enfants Soldats.

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6 February 2009

The future of the ICC rests on the success of its first trial

By Freddy Kitoko

Since the Lubanga trial opened on 26 January, we in the Congo have been closely watching proceedings unfold at the International Criminal Court. The trial’s opening sparked keen interest among victims affected both directly and indirectly by the successive abuses of power that the DRC has come to know. But the retraction of the statement made by an ex-child soldier witness who fought in Thomas Lubanga’s army, the U.P.C., has resulted in diminished interest among Congolese observers.

To us it is clear that Mr. Lubanga–incarcerated in The Hague, thousands of miles away from his stronghold–still wields great influence in Ituri where his supporters continue to almost blindly obey him. This was perhaps never more the case than when the Court announced it would suspend his trial. Large numbers of people in Ituri prepared for the return of “the liberator” as some referred to him.

Last week’s incident also highlights the fact that the Prosecutor’s office did not give sufficient guarantees to the witness, in terms of his own security and the security of his loved-ones who live in Ituri. His loved-ones could have easily been targets of retaliation by Lubanga’s followers who stand ready to receive their leader should he ever be released.

We have always expressed our concerns about the quality as well as the quantity of evidence that the prosecution holds and the way the victims and witnesses were selected. We hope that this episode is only a minor incident and that the rest of the trial will continue normally because in the end, the court is gambling with its credibility during this first, most historic of trials.

Freddy Kitoko is a Congolese lawyer with the Lubumbashi Bar and member of the human rights organization, African Association of Human Rights (ASADHO)

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29 January 2009

Security a Key Concern for Victims Testifying at Lubanga Trial

By Roger Muchuba

The situation regarding the victim who withdrew his testimony on Wednesday is very concerning and could have been foreseen considering Thomas Lubanga’s influence in Ituri where miltias are still active and some are still close to him. Lubanga’s supporters still have the ability to cause harm which must have informed the withdrawal of the witness’s testimony He must have feared for his family and himself knowing that his testimony would be broadcast on TV. There need to be more guarantees for the safety of victims-something that has not been well defined so far and that has worried many more than just the witnesses themselves. This is the beginning of a legal battle which will be full of surprises and emotions.

In addition the disruption of the Court’s screening of the trial in Bunia, Ituri, confirms the concern we expressed regarding a potential in situ trial in DRC. The security issue remains a challenge in a region where militias are still active and Lubanga’s supporters are strong. This type of incident could have been foreseen and demonstrates the issues we have been raising for a while concerning outreach. The screening room is not the place to start explaining only how a trial takes place. Rather, I believe that Lubanga’s supporters needed to understand that the judge is there to assess the truthfulness of each allegation and fact.

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26 January 2009

Day One of the Lubanga Trial Offers Hope

By Roger Muchuba

The Court’s first trial has begun at long last and to the delight of Congolese victims everywhere, the trial is a strong indicator that the era of impunity for criminals is ending.

The Prosecutor’s opening statement speaks of the incredible advances made by this Court to pursue crimes against children, particularly for the recruitment, training and use of hundreds of young children who actively participate in hostitilies that rob them of their innocence and leave others dead at the hands of warmonging rebel leaders.

This trial forces us to revisit the horrific ordeal that the Ituri population lived through. The Prosecutor’s reassuring statement today did much to help put aside the fear of so many victims who worried that Lubanga could be released as recently as a few months ago when the trial came to a halt due to procedural issues. What is important now is how the international community manages what could be a long trial ahead, one filled with much surprise and emotion.

Unfortunately, many Congolese without internet access and other means of communication will be unable to follow the proceedings-underscoring what a major obstacle outreach and public information is for this trial.

Congolese civil society engaged in the fight against impunity will certainly develop strategies with its partners to mitigate this problem because there is too much riding on this trial. Some have a vested interest in preventing the population from following the proceedings, especially since those in power in Kinshasa seem to back Bosco Ntaganda, who was an ally of Laurent Nkunda who was recently arrested by the Rwandan government. Indeed, we recently learned that Ntaganda’s deputy was released from prison.

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25 January 2009

Opening of Lubanga Trial Presents Opportunities and Challenges

By Roger Muchuba

lubanga_hrw

© HRW

Civil society in the Democratic Republic of Congo wants a judgment in the Lubanga trial that respects fair trial principles. A fair trial is the best guarantee against impunity for it sets a powerful example for would-be criminals that have for so long, and for so many different reasons-mostly because of their rank and position-thought they were invincible or shielded from the law.

For those of us engaged in the fight against impunity, this trial is first and foremost a sign of encouragement for civil society working to protect  human rights. For victims, this trial represents hope. We all take comfort in knowing that the wheels of international justice are finally in motion.

For the general population, the Lubanga trial brings about a feeling of reassurance. In fact, the population at large-beaten down in spirit by the waves of violence in the DRC-never imagined that such a strong militia leader could be arrested and tried before a court of law. Thus, there is a shift in thinking among the population about their suffering. There is renewed faith that those responsible for serious crimes will have to face justice sooner or later.

Victims will have the unprecedented opportunity to share their views and concerns as the trial unfolds. As such, the Court should strengthen its outreach activities to affected communities on the ground-paying particular attention to the need to bolster protection for victims  at every stage of the judicial proceedings. The Court should not restrict public information for such an immense and important step forward. For example, to limit press conferences to Kinshasa and The Hague alone would be foolish.

With this trial, we are witnessing justice in action and the unprecedented participation of victims in the process who will be called on to share critical evidence. What an enormous opportunity.

Despite ongoing child soldier enlistment in our country, the Lubanga trial holds the promise of having a deterrent effect in the future. The Lubanga trial goes far beyond symbolism. Since the arrest and transfer of Thomas Lubanga, there is a growing consciousness that the conscription of child soldiers is a crime against humanity. In addition, there is a growing awareness that the time has come for other warlords like Nkunda to be held accountable for their crimes.

To abolish child soldiering entirely, the Court would do well by issuing arrest warrants for those from other armed groups who are most responsible for enlisting children in their movements.

Roger Muchuba Buhereko
Executive Secretary of Congolese NGO Héritiers de la Justice in
Bukavu, DRC and Deputy Coordinator of the DRC National Coalition for the ICC.

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