The United Nations controversial Report on the “Genocide” in the Democratic Republic of Congo in 1990s is published after being tempered down due to the pressure exercised by Rwanda and Uganda on the world body.
This accusation of genocide is mainly against Rwanda’s regime led by President Paul Kagame. This eventually would break the the status quo he has developed that his government has stopped the mass killings of his fellow Tutsis and moderate Hutus in 1994. The cause of the genocide is mainly based on the identity of the Tutsi being as Ethiopians and considered as occupiers. This ideology was inculcated by the divide and rule methodology of the colonial powers. The regime of Kagame adamantly rejects the Ethiopian origin of the Tutsis’ descent. He goes far even by rejecting the existence of any ethnic difrences between the Bawetu, and Batutsi of the Great Lakes. The Tutis and Hutus found themselves divided by post colonial borders in Rwanda, Burundi, DR Congo, Tanzania, Uganda without fair share of the natural resources is the main cause of the conflict prepared and designed in the Berlin Conference of African Scramble in 1880’s.
In this new Report both Uganda and Rwanda stand accused of committing war crimes against ethnic Hutus in DR Congo during the conflict as a revenge to the 1994 genocide committed against the Tutis due to their Ethiopian origin. Both Ankoli (Uganda) and Tutsi tribes of the Great Lakes regions of Africa traces their origin from Ethiopian descent.
They both countries had threatened to pull out of UN peacekeeping missions in response to the Publication of the Report.
The report divulgates the crimes never previously documented into conflicts in the DR Congo between 1993 and 2003. It is about 600 incidents and includes allegations of massacres of civilians, torture, and the destruction of infrastructure that leading to Genocide. The anti Ethiopian Tutsi militiamen responsible for that genocide of the Ethiopian Tutsi and the Moderate e Hutus fled into Zaire, where they were pursued by troops loyal to President Kagame and were victim of torture and mass killing leading to Genocide.
UN report mainly accuses them of killings tens of thousands of Hutu. The the only difference between the draft and final reports is that lawyers have gone through it with a fine toothcomb, especially where genocide is mentioned
The final report is manipulated with cautious language but the basic allegations of against Rwanda and Uganda “Genocide in Congo” supposedly still maintained.
Prof. Muse Tegegne
DRC: Mapping human rights violations 1993-2003
In the wake of the discovery of three mass graves in the eastern part of the Democratic Republic of the Congo (DRC) in late 2005, the United Nations first announced its intention to send a human rights team to conduct a mapping exercise in DRC in a June 2006 report to the Security Council.
In May 2007, the UN Secretary-General approved the terms of reference of the mapping exercise following a series of consultations among relevant UN agencies and partners and with the Congolese government
The mapping exercise, led by the Office of the UN High Commissioner for Human Rights (OHCHR) had three objectives:
- Conduct a mapping exercise of the most serious violations of human rights and international humanitarian law committed within the territory of the DRC between March 1993 and June 2003.
- Assess the existing capacities within the national justice system to deal appropriately with such human rights violations that may be uncovered.
- Formulate a series of options aimed at assisting the Government of the DRC in identifying appropriate transitional justice mechanisms to deal with the legacy of these violations, in terms of truth, justice, reparation and reform, taking into account ongoing efforts by the DRC authorities, as well as the support of the international community.
The mapping exercise began in July 2008. Between October 2008 and May 2009, a total of 33 staff worked on the project in the DRC (including Congolese and international human rights experts). Of these, some 20 human rights officers were deployed across the country, operating out of five field offices, to gather documents and information from witnesses to meet the three objectives defined in the terms of reference. The report was submitted to the High Commissioner for Human Rights in June 2009 for review, comments and finalisation.
The mapping team’s 550-page report contains descriptions of 617 alleged violent incidents occurring in the DRC between March 1993 and June 2003. Each of these incidents points to the possible commission of gross violations of human rights and/or international humanitarian law. Each of the incidents listed is backed up by at least two independent sources identified in the report. As serious as they may be, uncorroborated incidents claimed by one single source are not included. Over 1,500 documents relating to human rights violations committed during this period were gathered and analysed with a view to establishing an initial chronology by region of the main violent incidents reported. Only incidents meeting a ‘gravity threshold’ set out in the methodology were considered. Field mapping teams met with over 1,280 witnesses to corroborate or invalidate the violations listed in the chronology. Information was also collected on previously
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Q&A: DR Congo conflict BBC
- August 27,2010
A draft UN report says crimes by the Rwandan army and allied rebels in the Democratic Republic of Congo from 1993 to 2003 could be classified as genocide.
The east of the country is still plagued by army and militia violence despite the end of the country’s five-year war in 2003 in which more than five million people lost their lives – the deadliest conflict since World War II.
What has the fighting been about?
DR Congo is extremely wealthy – and extremely big. Similar in size to Western Europe, it abounds with diamonds, gold, copper, cobalt and zinc.
The country also has supplies of coltan, which is used in mobile phones and other electronic gadgets, and cassiterite, used in food packaging.
Unfortunately for the people of DR Congo, its resource wealth has rarely been harnessed for their benefit.
This vast country has hardly any roads or railways, while the health and education systems lie in ruins.
Instead, the natural riches have attracted rapacious adventurers, unscrupulous corporations, vicious warlords and corrupt governments and divided the population between competing ethnic groups.
In the early 20th Century Belgian forces arrived and enslaved millions, while King Leopold ruled the country as his personal fiefdom.
During a painful independence struggle in the 1960s, the vast country almost disintegrated as regions fought each other.
But Joseph Mobutu seized power in 1965 and set about crushing internal rebellions and unifying the nation – eventually changing its name to Zaire.
However, Mobutu was soon seduced by wealth and once he controlled most of the country and gained a level of stability and prosperity, he began using the country’s riches for one thing – to ensure he remained in power.
As his rule went on, his plunder continued and the country gradually slipped out of his control.
The 1994 genocide in neighbouring Rwanda hastened his downfall and helped plunge DR Congo into the deadliest conflict in African history.
Why did Rwanda’s genocide affect DR Congo so badly?
Eastern DR Congo has porous borders.
After Rwanda’s genocidal Hutu regime was overthrown, more than two million Hutus are thought to have fled into DR Congo fearing reprisals against them by the new, Tutsi-dominated government.
Among them were many of the militiamen responsible for the genocide.
They quickly allied themselves with Mobutu’s government and began to attack DR Congo’s sizeable population of ethnic Tutsis, who had lived in the country for generations.
Rwanda’s Tutsi government started to back rival militias, fighting both the Hutu militias and Congolese government troops.
The Tutsi militias, allied to other local groups backed by Uganda, eventually marched on Kinshasa and overthrew Mobutu’s government.
They installed Laurent Kabila as president and he renamed the country – from Zaire to DR Congo.
But Kabila failed to expel the Hutu militia and tiny Rwanda, which had put him in power, soon sent a new force to oust him.
Kabila then called in help from Zimbabwe, Namibia and Angola and for the next five years all six countries, and others, fought a proxy war on Congolese land.
All sides were accused of using the cover of the war to loot the country’s riches.
More than five million people died in the war and its aftermath – mostly from starvation or disease.
Although the war was declared over in 2003, the east of the country continues to be unstable
Has DR Congo achieved any kind of peace?
Most of the country has now found peace and the central government has slowly reasserted control.
The country even started to live up to its name by having the first democratic elections in more than four decades, which saw the late Laurent Kabila’s son, Joseph, elected as president.
But a proxy war between Rwanda and the Kinshasa government continued in the east until the end of 2008.
Notorious Tutsi warlord Gen Laurent Nkunda – who most analysts believe was backed by Rwanda – waged a campaign to destroy Hutu rebels from the Democratic Forces for the Liberation of Rwanda (FDLR).
He accused the government of backing the FDLR.
A sea-change in the conflict came about in late 2008 when Rwanda and DR Congo joined forces to combat the FDLR in the provinces of North and South Kivu.
As part of the deal, Gen Nkunda was taken out of the country and put under house arrest in Rwanda – where he remains.
But the bitter conflict has continued unabated and Congolese government troops, backed by thousands of UN peacekeepers, have failed to defeat the FDLR rebels.
Reports of mass rapes, killings and other atrocities committed by rebels and government troops continue.
What is the UN doing?
The UN’s peacekeeping mission has been in DR Congo for 10 years.
At one point it was the biggest peacekeeping operation in the world, with almost 20,000 personnel on the ground.
It is mandated to protect civilians and also help in the reconstruction of the country.
President Joseph Kabila wants UN peacekeepers out of the country by the end of 2011
But as the battles in the east have rumbled on, the allegiances and intentions of the major players have become increasingly murky.
Warlords have been absorbed into the army but are widely accused of carrying out atrocities and running their own personal militias.
Army commanders have been accused of supplying the FDLR – the very rebels they are supposed to be fighting.
Human rights groups say the army and the FDLR are working together to exploit mines.
And Human Rights Watch has suggested the UN is risking becoming complicit in atrocities against civilians.
In November 2009, a report by UN-commissioned experts said UN involvement had done nothing to quell the violence – with rebels continuing to kill and plunder natural resources with impunity and claims the rebels are supported by an international crime network stretching through Africa to Western Europe and North America.
UN peacekeeping troops continue to back efforts to defeat the FDLR, but rights groups have warned that it will be impossible to defeat the FDLR without tackling their backers.
In August 2010, the UN force came in for more criticism for not doing anything to stop the rape of more than 150 women and children within miles of their base near Luvungi, saying they only heard about the attacks 10 days afterwards.
Meanwhile, the Congolese government has said it wants the UN force to leave by the end of 2011 – when elections are due.
So in July, to reflect its changing status, the force changed its name from the UN Organisation Mission in DR Congo – known by its French acronym Monuc – to the UN Organisation Stabilisation Mission – Monusco.
In the epic of the 1973 Bawetu and Batutsi conflict of Burundi, the Emperor of Ethiopia Haile Selassie invited to the Tutsi minority to immigrate back to their homeland Ethiopia and resolve the Tutsi Question in the great lakes defensively. He even later suggested swap of population between Rwanda and Burundi. The Negus sent a messenger saying:-
“Come and let me give a region bigger than Burundi /Rwanda” and let me send you planes to start the Exodus like the Rastafarians in Shashemene. “
The Melese Zenawie regime in Addis Ababa who supposedly helped the liberation of Rwanda and received a heroic medal did not send a single solider to stop the bloody massacre of the Tutsis due to their Ethiopian identity. The Tutsi were thrown to the Nile River after slaughtered as a sacrifice ram and told to return back where they came from. A bloody massacred that turned the river red, like plague of Egypt in the Bible, which scared even the population of Cairo to drink from the Nile waters in the aftermath the genocide. Melese Znawie did not move his finger but not ashamed to receive a heroic medal for the “bloody spectacle” at the massacre of the people of Ethiopian origin in the Great Lake region. He would have refused the medal after visiting the Genocide Museum of Rwanda. How can one accused of a genocide could receive a medal for a Genocide? This is done to wash his crime committed in Ethiopia against the Anuaks and others . Now is the time for Melese prepare a medial for his friend Kagme to wash him white from the coming indictment. The African dictators start delivering and honoring one another for the misfortune they committed while in power against their own defenseless populations.
Today the government of Rwanda is working to destroy the identity of Ethiopianism in the Great Lakes with his friend dictator Melese in the Horn of Africa. Melese with his Ethnic federation is destroying what is left of Ethiopia and Kagame is denying the identity of the people of Ethiopian origin. Today as in Addis Ababa at Kigali to claim once identity as to be Ethiopian Tutsi is to be Jews in the National Weimar Republic. The Rwandese regime refused even to recognize the existence of the TWA the original inhabitants of the great lake region who were victim of the 1994 genocide like the rest of the Tutsis and moderate Hutu. According to the UN 30% of the Twa population of Rwanda died in the fighting. The Twa were one of the Ethnic three David Stars engraved on the national flag of Burundi at its outset.
The Rwanda’s main cause of the Genocide is a taboo to recognize publicly in Kigali once Ethiopian identity. The regime of Rwanda publically declare”There is No Tutsi or Hutu, but Rwandan ” he did not mentioned the Twa since no one care about them any way. The majority of the population rejects this imposition to this day. The government who is now stands accused by the UN as a perpetuator of genocide even in Congo against its own population.
It is a Logical Fallacy to believe that Two Wrongs Make a Right (“Wrong + wrong = right.”).
“An eye for an eye makes the whole world blind.” “There are many causes that I am prepared to die for but no causes that I am prepared to kill for.” .. (Mohandas Karamchand Gandhi)
The Twa are often ignored in discussions about the conflict between the Hutus and Tutsis, which reached its height in the Rwandan genocide of 1994.
The colonial powers were responsible for the creation of these hate and division among the Rwandese is undeniable fact and easy accusation. People in Glass Houses Shouldn’t Throw Stones, post colonial the governments in Rwanda and Burundi did not help to create bondage among the three Ethnic groups in the country that of the majority Hutu and the minority Tutsi and dominated Twa. They demonstrated unprecedented massacre of their mutual population in the post colonial period.
Rwanda experienced Africa’s worst genocide in modern times, and the country’s recovery was stained by unnecessary intervention in the conflict in neighboring Democratic Republic of Congo.
The country has been beset by ethnic tension associated with the traditionally unequal relationship between the dominant Tutsi minority and the majority Hutus at the departure of the colonial power.
In 1959 the ethnic relationship was reversed to the favor of the agricultural Huts taken power. The civil war that followed forced over 200,000 Tutsis to flee to Burundi and the rest of the Great lake region with a lingering resentment which led to periodic massacres of Tutsis.
In 1993from the neighboring Rwanda the Tutsi-led Rwandan Patriotic Front (RPF) launched a military campaign to control the country. At the outcome at least 800,000 Tutsis and moderate Hutus had been brutally massacred in 1994. Some two million Hutus fled to Zaire, today’s DR Congo. They included some of those responsible for the massacres, and some joined Zairian forces to attack local Tutsi. Rwanda did not recognize the Tutsi a distinct people but invaded refugee camps dominated by Hutu militiamen as a response to the Genocide taking justice in its hand.
Rwanda withdrew its forces from DR Congo in 2002. Later Rwanda continues accusing the Congolese army of aiding Hutu genocidal rebels in eastern DR Congo.
Rwanda has used traditional “gacaca” community courts to try those suspected of taking part in the 1994 genocide. But key individuals – particularly those accused of orchestrating the slaughter – appear before an International Criminal Tribunal in northern Tanzania.
Today the only way out for Rwanda is to recognize the cultural identity of the three distinct people that composed Rwanda and make a democratic reelection based on one man one vote according to Mandela. The recent election of Paul Kagame for the coming 7 year is the same as his friend Melese Zenawie who gave him the necessary expertise to rage election shamelessly and claim to win over 90% of the ballet.
Rwanda must recognize her misdeeds in Congo and bring those military leaders to justice and learn from South African Experience to create a Reconciliation Committee and resolve the conflict once for and all.
Prof. Muse Tegegne the author wrote and dedicated a Book for the Rwanda Genocide in 1999
In 1992 in hist Book Stigma Predicted coming the Genocide …
THe Children of the Ark in French.
1.”Minorities under Siege: Pygmies today in Africa”. UN Office for the Coordination of Humanitarian Affairs. 2006. Retrieved 2006-12-11.
Timeline: 100 days of genocide
The international community did little to stop the killings and the slaughter was brought to end by the military defeat of the government by the Rwandan Patriotic Front, a Tutsi-led rebel group.
6 April 1994: President Habyarimana and Burundian President Cyprien Ntaryamira are killed when the Rwandan leader’s plane is shot down as it is about to land at Kigali Airport. Hutu extremists opposed to the Arusha Peace Accords are believed to be behind the attack.
7 April: The Rwandan armed forces and Interahamwe militia begin the systematic killing of Tutsis and moderate Hutus. UN forces, unwilling to breach their mandate, fail to intervene. 10 Belgian UN peacekeepers are killed.
8 April: The Tutsi Rwandan Patriotic Front (RPF) launches a major offensive to end the killings and rescue 600 of its troops based in Kigali under the Arusha Accords.
9-10 April: French, Belgian and American civilians are rescued by their governments.
11 April: The International Red Cross (IRC) estimates that tens of thousands have been slaughtered. UN soldiers protecting 2,000 Tutsis at a school are ordered to withdraw to Kigali airport. Most are killed after their departure.
14 April: Belgium withdraws its troops from the UN peacekeeping force in Rwanda.
15 April: Slaughter of thousands of Tutsis gathered at Nyarubuye Church seeking protection.
21 April: The UN cuts the level of its forces in Rwanda by 90% to just 270 troops. The IRC estimates the dead could now number over 100,000.
30 April: The UN agrees a resolution condemning the killing but omits the word ‘genocide’. Tens of thousands of refugees flee into neighbouring Burundi, Tanzania and Zaire.
Mid-May: The IRC estimates that 500,000 Rwandans have been killed.
17 May: The UN Security Council issues a fresh resolution saying that ‘acts of genocide may have been committed’. It also agrees to send 5,500 troops with new powers to defend civilians, however deployment is delayed by disagreements between the US and UN over the financing of the operation.
22 May: RPF forces gain control of Kigali airport and Kanombe barracks, and extend their control over the northern and eastern parts of Rwanda.
22 June: With arguments over the deployment still continuing, the UN authorises an emergency force of 2,500 French troops under Operation Turquoise to create a ‘safe’ area in the government-controlled part of Rwanda. The killing of Tutsis continues in the ‘safe’ area despite the presence of the French.
4 July: The RPF takes control of Kigali and the southern town of Butare. Its leadership claims it will form a government on the basis of the Arusha Accords.
13-14 July: Refugees fleeing the RPF advance in north-western Rwanda flood into Zaire. Approximately 10,000-12,000 refugees per hour cross the border into the town of Goma. The massive influx creates a severe humanitarian crisis, as there is an acute lack of shelter, food and water.
18 July: The RPF announces that the war is over, declares a cease-fire and names Pastor Bizimungu as president with Faustin Twagiramungu as prime minister
Ethiopia – Meles receives highest Rwandan medals
Ethiopian Prime Minister Meles Zenawi received two medals on Saturday from the Government of Rwanda.
One of the medals has been given for Meles’s immense contribution he made in the struggle to topple the dictatorial Derg regime and bring peace, and socio-economic development in Ethiopia.
The other medal was vested in him in recognition of Ethiopia’s contribution in deploying peace keepers to end the civil war in Rwanda.
While marking its 15 years of victory, Rwanda has also given its highest national medal to Ugandan President Yoweri Museveni and former Tanzania President Julius Nyerere.
The leaders received the award for their contribution to halt the Rwandan genocide, according ETV report
UN DR Congo ‘genocide’ draft report – key excerpts
27 August 2010 BBC Africa
Among the Hutus who fled to DR Congo in 1994 were many of the militiamen responsible for Rwanda’s genocide
A UN report into massacres of Hutu civilians in DR Congo after the Rwanda’s 1994 genocide has been leaked ahead of its official publication.
Experts say it is the first rigorous investigation – the researchers required two independent sources for each of the 600 incidents documented in their 545-page report – into alleged atrocities committed in eastern DR Congo between 1993 and 2003. Rwanda’s Tutsi-dominated government has dismissed the claims as “rubbish”.
Here are some of the draft report’s key findings:
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The systematic use of barriers… enabled them to identify people of Hutu origin by their name or village of origin and thus to eliminate them”
512. The systematic attacks, in particular killings and massacres perpetrated against members of the Hutu ethnic group, are described extensively in section I of the report. These attacks resulted in a very large number of victims, probably tens of thousands of members of the Hutu ethnic group, all nationalities combined. In the vast majority of case reported, it was not a question of people killed unintentionally in the course of combat, but people targeted primarily by AFDL [Congolese rebels led by Laurent Kabila, who became president in 1997]/APR [Rwandan army]/FAB [Burundi’s army] forces and executed in their hundreds, often with edged weapons.
The majority of the victims were children, women, elderly people and the sick, who posed no threat to the attacking forces. Numerous serious attacks on the physical or psychological integrity of members of the group were also committed, with a very high number of Hutus shot, raped, burnt or beaten. Very large numbers of victims were forced to flee and travel long distances to escape their pursuers, who were trying to kill them. The hunt lasted for months, resulting in the deaths of an unknown number of people subjected to cruel, inhuman and degrading living conditions, without access to food or medication. On several occasions, the humanitarian aid intended for them was deliberately blocked, in particular in Orientale Province, depriving them of assistance essential to their survival.
513. At the time of the incidents covered by this report, the Hutu population in Zaire, including refugees from Rwanda, constituted an ethnic group as defined in the Convention on the Prevention and Punishment of the Crime of Genocide. Moreover, as shown previously, the intention to destroy a group in part is sufficient to be classified as a crime of genocide. Finally, the courts have also confirmed that the destruction of a group can be limited to a particular geographical area. It is therefore possible to assert that, even if only a part of the Hutu population in Zaire was targeted and destroyed, it could nonetheless constitute a crime of genocide, if this was the intention of the perpetrators. Finally, several incidents listed also seem to confirm that the numerous attacks were targeted at members of the Hutu ethnic group as such.
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Several of the massacres listed were committed regardless of the age or gender of the victims. ”
Although, at certain times, the aggressors said they were looking for the criminals responsible for the genocide committed against the Tutsis in Rwanda in 1994, the majority of the incidents reported indicate that the Hutus were targeted as such, with no discrimination between them. The numerous attacks against the Hutus in Zaire, who were not part of the refugees, seem to confirm that it was all Hutus, as such, who were targeted. The crimes committed in particular in Rutshuru (30 October 1996) and Mugogo (18 November 1996), in North Kivu, highlight the specific targeting of the Hutus, since people who were able to persuade the aggressors that they belonged to another ethnic group were released just before the massacres. The systematic use of barriers by the AFDL/APR/FAB, particularly in South Kivu, enabled them to identify people of Hutu origin by their name or village of origin and thus to eliminate them. Hundreds of people of Hutu origin are thus thought to have been arrested at a barrier erected in November 1996 in Ngwenda, in the Rutshuru territory, and subsequently executed by being beaten with sticks in a place called Kabaraza. In South Kivu, AFDL/APR/FAB soldiers erected numerous barriers on the Ruzizi plain to stop Rwandan and Burundian refugees who had been dispersed after their camps had been dismantled.
514. Several incidents listed in this report point to circumstances and facts from which a court could infer the intention to destroy the Hutu ethnic group in the DRC in part, if these were established beyond all reasonable doubt. Firstly, the scale of the crimes and the large number of victims are illustrated by the numerous incidents described above. The extensive use of edged weapons (primarily hammers) and the systematic massacre of survivors, including women and children, after the camps had been taken show that the numerous deaths cannot be attributed to the hazards of war or seen as equating to collateral damage. The systematic nature of the attacks listed against the Hutus also emerges: These attacks took place in each location where refugees had been identified by the AFDL/APR, over a vast area of the country. Particularly in North Kivu and South Kivu but also in other provinces, the massacres often began with a trick by elements of the AFDL/APR, who summoned the victims to meetings on the pretext either of discussing their repatriation to Rwanda in the case of the refugees, or of introducing them to the new authorities in the case of Hutus settled in the region, or of distributing food.
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“These “awareness-raising speeches” made in North Kivu also incited the population to look for, kill or help to kill Rwandan Hutu refugees, whom they called “pigs””
Afterwards, those present were systematically killed. Cases of this kind were confirmed in the province of North Kivu in Musekera, Rutshuru and Kiringa (October 1996), Mugogo and Kabaraza (November 1996), Hombo, Katoyi, Kausa, Kifuruka, Kinigi, Musenge, Mutiko and Nyakariba (December 1996), Kibumba and Kabizo (April 1997) and Mushangwe (around August 1997); in the province of South Kivu in Rushima and Luberizi (October 1996), Cotonco and Chimanga (November 1996) and Mpwe (February 1997) and on the Shabunda-Kigulube road (February-April 1997); in Orientale Province in Kisangani and Bengamisa (May and June 1997); in Maniema in Kalima (March 1997) and in Équateur in Boende (April 1997). Such acts certainly suggest premeditation and a precise methodology. In the region south of the town of Walikale, in North Kivu (January 1997), Rwandan Hutus were subjected to daily killings in areas already under the control of the AFDL/APR as part of a campaign that seemed to target any Hutus living in the area in question.
515. Several of the massacres listed were committed regardless of the age or gender of the victims. This is particularly true of the crimes committed in Kibumba (October 1996), Mugunga and Osso (November 1996), Hombo and Biriko (December 1996) in the province of North Kivu, Kashusha and Shanje (November 1996) in the province of South Kivu, Tingi-Tingi and Lubutu (March 1997) in Maniema Province, and Boende (April 1997) in Equateur Province, where the vast majority of victims were women and children. Furthermore, no effort was made to make a distinction between Hutus who were members of the ex-FAR/Interahamwe [militia behind Rwanda’s 1994 genocide] and Hutu civilians, whether or not they were refugees.
This tendency to put all Hutus together and “tar them with the same brush” is also illustrated by the declarations made during the “awareness-raising speeches” made by the AFDL/APR in certain places, according to which any Hutu still present in Zaire must necessarily be a perpetrator of genocide, since the “real” refugees had already returned to Rwanda. These “awareness-raising speeches” made in North Kivu also incited the population to look for, kill or help to kill Rwandan Hutu refugees, whom they called “pigs”. This type of language would have been in widespread use during the operations in this region.
516. The massacres in Mbandaka and Wendji, committed on 13 May 1997 in Équateur Province, over 2,000 kilometres west of Rwanda, were the final stage in the hunt for Hutu refugees that had begun in eastern Zaire, in North and South Kivu, in October 1996. Among the refugees were elements of the ex-FAR/Interahamwe, who were disarmed by the local police force as soon as they arrived. In spite of everything, the AFDL/APR opened fire on hundreds of defenceless Hutu refugees, resulting in large numbers of victims.
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“It seems possible to infer a specific intention on the part of certain AFDL/APR commanders to partially destroy the Hutus in the DRC, and therefore to commit a crime of genocide”
517. The systematic and widespread attacks described in this report, which targeted very large numbers of Rwandan Hutu refugees and members of the Hutu civilian population, resulting in their death, reveal a number of damning elements that, if they were proven before a competent court, could be classified as crimes of genocide. The behaviour of certain elements of the AFDL/APR in respect of the Hutu refugees and Hutu populations settled in Zaire at this time seems to equate to “a manifest pattern of similar conduct directed against that group”, from which a court could even deduce the existence of a genocidal plan. “Whilst the existence of such a plan may contribute to establishing the required genocidal intention, it is nonetheless only an element of proof used to deduce such an intention and not a legal element of genocide.”
It should be noted that certain elements could cause a court to hesitate to decide on the existence of a genocidal plan, such as the fact that as of 15 November 1996, several tens of thousands of Rwandan Hutu refugees, many of whom had survived previous attacks, were repatriated to Rwanda with the help of the AFDL/APR authorities and that hundreds of thousands of Rwandan Hutu refugees were able to return to Rwanda with the consent of the Rwandan authorities prior to the start of the first war. Whilst, in general, the killings did not spare women and children, it should be noted that in some places, at the beginning of the first war, Hutu women and children were in fact separated from the men, and only the men were subsequently killed.
518. Nonetheless, neither the fact that only men were targeted during the massacres, nor the fact that part of the group were allowed to leave the country or that their movement was facilitated for various reasons, are sufficient in themselves to entirely remove the intention of certain people to partially destroy an ethnic group as such. In this respect it seems possible to infer a specific intention on the part of certain AFDL/APR commanders to partially destroy the Hutus in the DRC, and therefore to commit a crime of genocide, based on their conduct, words and the damning circumstances of the acts of violence committed by the men under their command. It will be for a court with proper jurisdiction to rule on this question.
1139. In light of the impunity enjoyed by the perpetrators of serious violations of human rights and international humanitarian law, and the repetition of crimes within the territory of the DRC, there is a manifest urgency for justice and security service reform. The members of the Mapping Team were able to observe the constant fear on the part of affected populations that history would repeat itself, especially when yesterday’s attackers are returning in positions that enable them to commit new crimes with complete impunity.