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PGA Members in the Democratic Republic of Congo (DRC) call on the Prosecutor at the International Criminal Court (ICC) and the Prosecutor at the Bunia Court of Appeal to investigate and prosecute alleged perpetrators of international crimes that are committed in Ituri

Since October 2017, there have been serious violations of human rights and humanitarian law in Ituri, DRC, which remind us of the unfortunate events that took place in Ituri from 1999 to 2003. During this period, many crimes were committed, and certain perpetrators were prosecuted, tried, and sentenced by the ICC. However, many other alleged domestic and foreign perpetrators continue to enjoy impunity to the great displeasure of the affected local communities.

Not having learned from such unfortunate events, the spirit of division reappeared towards the end of 2017 at a time when the Congolese people were preparing for presidential, legislative, and provincial elections to be held in December 2018. Youth from Hema and Lendu communities in the Territory of Djugu, instrumentalized by certain obscure forces, were incited to violence that has resulted in many displaced people living in sites in precarious conditions. While the newly established authorities prepared themselves for their return to their villages, other dreadful events would take place in May 2019, characterized by violent attacks by well-armed assailants in the Territories of Djugu and of Mahagi. Such attacks led to the loss of human lives, especially among women and children, looting of property of the peasants and burning their houses. On Monday, 10 July 2019, killings were recorded in Djugu between the villages KOBU and NIZI, leading to the deaths of many innocent people as well as those of some other peaceful citizens between Tsé and Largu and the city of Mongwalu and its surroundings. The area of Banyali Kilo and the chiefdom of Bahema Nord were not spared. To this day, these villages and other agglomerations are still witnessing atrocities.

We strongly condemn all such violence that compels the peaceful citizens of all communities to live in fear and stay in their homes instead of freely continuing their traditional occupations: agriculture, livestock, and fishing.

While commending the efforts undertaken by MPs of the Ituri Province, PGA members, to compel civilian and military authorities to find a quick solution to the security problems in Ituri, we seize this opportunity to make the following recommendations to the:

1. Newly established provincial and national authorities to:

• Restore the authority of the State throughout the Province of Ituri by providing all security services with the means and tools necessary for the protection of persons and their property;

• Strengthen the domestic justice system by allocating adequate means to the prosecution of all criminal acts committed in Ituri and above all to ensure that the Bunia Court of Appeal is able to prosecute all alleged perpetrators of international crimes in light of the principle of complementarity with the International Criminal Court (ICC), knowing that the latter cannot prosecute all the suspects on its own;

• Establish and promptly implement, in Ituri, an adequate programme pertaining to the reconciliation between sister communities and relying mainly on the training and education of youth to build a culture of peace and reconciliation.

2. United Nations through the MONUSCO to:

• Support the Congolese Armed forces operating in Ituri and protect the civilian population;

• Restore its image tarnished by the inefficiency of its operations on the ground at the very moment when they are gradually leaving the country in fear that the DRC sinks into total chaos.

3. International Criminal Court to:

• Take action to deter the commission of crimes in Ituri, notably for the Prosecutor to continuously remind everyone that alleged perpetrators of violence amounting to international crimes will never go unpunished and that there is an increasing awareness of the new generations of the fundamentals about the ICC, especially regarding its mission to investigate and prosecute;

• Conduct its investigations in DRC with the prosecution of other suspects;

• Train magistrates and other actors of the Congolese Judiciary in the framework of a vast, varied, and clear programme;

Accelerate ICC orders of reparations and the assistance programme of the Trust Fund for Victims to serve justice to the victims and affected communities.

4. Local communities to:

• Unite as one to tackle together the spirit of division and to condemn any incitement to violence and tribal hatred;

• Denounce all those who cause them to kill, loot, or burn the property of others;

• Recall that nature has made them live together and operate in the same territory, where they have no choice but to promote reconciliation and a culture of peace;

• Also recognize that no man chose to be born in Ituri in one community or another – they all have the same interest in ending what formerly divided ethnic groups and created more misfortune to the point of delaying Ituri in its development momentum;

• Resist against the enlistment and conscription of children in ranks of armed groups and other assailants.

Done in Kinshasa and in Ituri, 24 June 2019

By the following PGA-DRC parliamentarians:

1. Hon. Emmanuel ADUBANGO ALI, MP

2. Hon. Jean-Marc LOMBAKU LOHENDA, MP

3. Hon. Serge MUBER THONIOT, MP

4. Hon. Pierrot UWEKA UKABA, Senator

5. Hon. Gigine GIPATHO GIWEGI, Member of Provincial Parliament of Ituri

6. Hon. Martin OLOWA RYEKO, Member of Provincial Parliament of Ituri

7. Hon. Casimir ANYEMA SINDANI, Member of Provincial Parliament of Ituri

8. Hon. Jules MATESO ADJI, Member of Provincial Parliament of Ituri

9. Hon. Aspego ASSOA EDEMAGA, Member of Provincial Parliament of Ituri

Note:

In DRC, in addition to the signatories of the present declaration, twenty others from the current legislature have joined PGA, among which, members of the National Parliament, senators, and members of Provincial Parliaments. This parliamentarian network has realized many activities in the National Parliament since 2008. The adoption in Parliament and the promulgation of laws to implement the Rome Statute in 2015 are part of such accomplishments.

CONTACTS:

Ms Marion CHAHUNEAU
Senior Legal Officer
International Law and Human Rights Program The Hague, Netherlands
Email: Marion.chahuneau@pgaction.org  

Mr Eloi URWODHI UCIBA
Consultant in Kinshasa, DRC
(+243) 819821320; (+243) 990903958
Email: Eloi.Urwodhi@pgaction.org