SPECIAL RAPPORTEUR ON HUMAN RIGHTS SITUATION IN ZAIRE REPORTS ON LATEST MISSION TO COUNTRY

28 October 1996

Press Release
HR/4305

SPECIAL RAPPORTEUR ON HUMAN RIGHTS SITUATION IN ZAIRE REPORTS ON LATEST MISSION TO COUNTRY

19961028 Information Gathered Tells of Continuing Summary Executions, Arbitrary Arrests, Torture and Persistent Impunity

GENEVA, 26 October (UN Information Service) -- The Special Rapporteur of the Commission on Human Rights on the situation of human rights in Zaire has received no testimony or other information indicating that there has been any improvement in the human rights situation in there, according to the preliminary observations issued by Special Rapporteur Roberto Garretón last Saturday upon returning from his latest mission to Zaire.

During the 13 to 25 October mission, which took him to Kinshasa, the north Kivu city of Goma, and the south Kivu city of Bukavu, the Special Rapporteur met with representatives of the Zairian Government and with local authorities. In the three cities, he also heard from several non-governmental organizations and institutions representing civil society and from persons who had requested to meet with him. He was unable to go to Uvira due to the conflict raging there.

The information Mr. Garretón gathered told of extrajudicial, arbitrary or summary executions; arbitrary arrests and detention; and torture and ill-treatment of prisoners, all practices facilitated by the persistence of impunity. Moreover, the Special Rapporteur received no response concerning the dozens of cases of human rights violations brought to his knowledge by Zairian citizens and made known to the authorities beforehand.

With regard to the democratization process, the Special Rapporteur observed some progress, as reflected in, among other things, the establishment of a National Electoral Commission, the adoption of a text of a Constitution to be submitted to a referendum, and the adoption and promulgation of a law on referendums. But progress in that field has been accomplished slowly, while the time limits set for the institutions of the Third Republic to begin functioning are repeatedly pushed back; the Special Rapporteur fears another postponement.

Mr. Garretón does not share the view of the authorities that pursuing the electoral process and the establishment of democratic institutions

depended now on support from the international community. In effect, he observes, the establishment of the rule of law in a democratic State respectful of human rights and fundamental freedoms was an obligation, not a duty before presumed foreign pressure. International cooperation is certainly important for the realization of such a process, but the lack of it could not justify keeping in place an authoritarian regime. In addition, there are indispensable conditions for a transparent democratic process which did not depend on international cooperation, but which were not being fulfilled because of a lack of political will. Such is the case particularly in the failure to give effect to a real pluralism in the public media, as well as in the lack of effective guarantees for the exercise of the freedoms of expression, demonstration and assembly.

The visit of the Special Rapporteur took place as the armed conflict raged in Uvira, in the east of the country. A number of elements have contributed to the aggravation of tension and to the so-called "conflict of the Banyamulenge", a Tutsi community living in the high plateaus of the south Kivu region, writes the Special Rapporteur. He mentions in that regard the contribution, in the form of men and financial resources, of the Tutsis settled in Zaire to the war effort of the Rwandese Patriotic Front (RPF).

While expressing concern over the question of the nationality of the Banyamulenge -- which he hopes the Zairian authorities would settle with equity and humanity -- the Special Rapporteur regrets that the Banyamulenge have chosen violence to claim their rights. That violence has already claimed a number of victims. The Special Rapporteur also condemns the recourse to foreign support. In that respect, the Zairian authorities have informed him of material evidence of the participation of armed Rwandan and Burundian citizens, with the consent of their respective Governments, in the violent actions and attacks perpetrated in Zairian territory.

The Special Rapporteur says he is also extremely concerned by incitations to hate and war on the part of the highest Rwandan authorities, as well as by the response of Zairian military and civilian authorities, whether at the national or regional level. Mr. Garretón encourages the responsible and moderate attitude of the Prime Minister of Zaire, who has abstained until now from making inflammatory statements. He calls on the Rwandan, Burundian and Zairian authorities to refrain from any act or statement that could lead to an escalation in the murderous violence and confrontation that has already caused dozens of dead and wounded and led to the flight and dispersion of Rwandans, Burundians and local populations.

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