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Key excerpts from UN report on Rwandan army genocide in DR Congo

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BBC News - August 27, 2010

Rwandan Hutu fearing reprisals flee into eastern Congo after Rwandan genocide
Rwandan Hutu fearing reprisals flee into eastern Congo after Rwandan 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".

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.

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.

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.

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.

Conclusion

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.


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