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Sunday, 9 December 2012

ICC Investigating Rwandan Officials for Involvement with M23? | Opinio Juris


ICC Investigating Rwandan Officials for Involvement with M23?

by Kevin Jon Heller

According to Enough!, the OTP is investigating the actions of M23 and "other parties" in the DRC:

In the aftermath of the March 23 Movement, or M23, seizure of Goma, the International Criminal Court, or ICC,Chief Prosecutor Fatoua Bensouda announced that her office is investigating "allegations of ICC crimes by members and leaders of M23, and by other parties taking advantage of the chaos in the region." While documenting the M23′s crimes is undeniably important, a robust ICC investigation into the other actors responsible for international crimes being committed across eastern Congo could provide much needed leverage to the international community as it seeks to broker peace in the troubled region.

It seems highly likely that the "other parties" in question are Rwandan military and political officials, who — according to the UN – have "created, equipped, trained, advised, reinforced and directly commanded the M23 rebellion."  Indeed, the UN believes that a Rwandan general, Gen. Emmanuel Ruvusha, personally directed M23′s recent capture of Goma.

It is probably too much to ask for the ICC to bring charges against Kagame for his support of M23. Nevertheless, charges against senior Rwandan military officers would go a long way toward dispelling Kagame's carefully-cultivated image as a positive force in Rwanda and the region. I doubt anyone in the region takes that myth seriously, but Kagame still has many credulous supporters in the West.

That said, the ranks of Kagame supporters are thinning.  The UK just announced that it is suspending £21m in aid to Rwanda because of concerns about its actions in the DRC.


Thursday, 6 December 2012

Withhold U.S. aid to speed end of atrocities in Congo | San Francisco Bay View


Withhold U.S. aid to speed end of atrocities in Congo

December 5, 2012

 

Six million lives already lost, majority under age 5

by Claude Gatebuke

In August, members of the M23, a group of rebels backed by the Rwandan military, gang raped a 12 year old girl. In the same month the same rebels stopped an elderly couple, raped the wife and severely beat the husband, who died two weeks later. The above atrocities were documented in a Human Rights Watch Report, an eerie reminder of atrocities committed during the Rwandan Genocide.

A boy injured in the fighting was forced to flee Goma to a refugee camp. – Photo: Jerome Delay, AP
Today, the same rebels are threatening toretake Goma, one of the largest towns in Eastern Congo, which they occupied and relinquished after international pressure on their Rwandan commanders that included Britain suspending aid to the government of Rwanda and the U.S. Senate sanctioning M23 Congolese and Rwandan commanders. Since the so-called rebels began the latest fighting in Congo in April of this year, nearly 500,000 have fled their homes.

What does this have to do with American citizens?

Millions of our tax dollars are sent annually to the governments of Rwanda and Uganda, who are the true perpetrators of these heinous atrocities. A U.N. Group of Experts report confirms that the commander of the M23 rebels is Rwanda's minister of defense, Gen. James Kabarebe, whose history of butchering Congolese people is well documented.

The report alleges that Gen. Kabarebe, along with Rwanda's army chief of staff Gen. Charles Kayonga and Gen. Jack Nziza, an advisor to Rwanda's president Kagame, are providing ammunition, training, logistical support and recruitment of adult and child soldiers under the age of 15 to the M23 rebels. Most are recruited either forcibly or under the false pretext that they are joining the Rwandan military. The report further alleges that Rwanda's military has directly sent its troops to help the M23 take over towns in eastern Congo, a fact presented to the United States Congress during a recent hearing on Rwanda's role in the current humanitarian crisis in Congo.

It is one thing for the United States to stand by and watch atrocities unfold as the Clinton administration did during the Rwandan genocide of 1994, which I fortunately survived after losing countless relatives, neighbors and friends and after being made to dig my and my mother's grave by machete-wielding militias who were ready to kill us. While the U.S. government looked the other way, a million other Rwandans were not fortunate enough to survive, including one of my childhood friends whom I helplessly saw hacked to death with a machete by one of our neighbors. It is another for the United States to remain one of the top two donors giving American taxpayers' money to governments that are committing these heinous crimes.

Thousands wait for food in the Mugunga 3 refugee camp outside Goma on Dec. 2. – Photo: Jerome Delay, AP
Over the last 16 years, more than 6 million lives have been lost in Congo – and the major perpetrators of those atrocities have been U.S. allies Rwanda and Uganda. The majority of victims have been children under the age of 5. A U.N. Mapping Exercise Report released in 2010 even goes so far as to say that if taken to a competent court, Rwandan troops would be found guilty of genocide in Congo. Over the last 16 years, subsequent U.S. administrations have provided aid to the Rwandan and Ugandan regimes. The U.S. remains one of the top two donors of aid to Rwanda today.

A slight improvement in U.S. policy in the region was seen this past summer when the State Department for the first time in 16 years made a public statement expressing concern over Rwanda's support of the M23 rebels destabilizing the Congo. A group of bipartisan members of Congress sent a letter to Rwanda's president, Paul Kagame, expressing their "dismay" at Rwanda's involvement in the violence in Congo. The White House went even further and cancelled military aid to the government of Rwanda in the amount of $200,000. Kagame responded by saying that $200,000 is nothing.

Considering that the U.S. gave Rwanda over $1 billion between 2000 and 2010, Kagame was correct to laugh at the amount the United States withheld; $200,000 out of a regular aid package of approximately $200 million is less than 1 percent. In fact, it is 10 percent of 1 percent. In other words, withholding only $200,000 was a slap on the wrist.

However, since 40 percent of Rwanda's budget is made up of aid, the United States being a top donor gives it a lot of leverage over Rwanda and a unique opportunity to help end the atrocities without engaging the military option by simply withholding all aid to the Kagame regime until all support for rebels and destabilization of the Congo ceases. It would send a clear message that American people's money will not be used to sponsor extermination of poor people in foreign countries.

Over the last 16 years, more than 6 million lives have been lost in Congo – and the major perpetrators of those atrocities have been U.S. allies Rwanda and Uganda. The majority of victims have been children under the age of 5. Over the last 16 years, subsequent U.S. administrations have provided aid to the Rwandan and Ugandan regimes. The U.S. remains one of the top two donors of aid to Rwanda today.

Under the command of the Rwandan military leadership, the M23 rebellion is led by Gen. Bosco Ntaganda, a war criminal wanted by the International Criminal Court and known as the "terminator" in Congo. Ntaganda is a former fighter for the current Rwandan regime and is a Rwandan national, according to the ICC indictment of 2006. The culture of impunity has prevailed and allowed war criminals to use Congo as a safe haven to evade justice and enrich themselves. When the time comes for a court to consider evidence of war crimes, crimes against humanity, and possible genocide as documented in the U.N. Mapping Exercise report, crimes sanctioned or committed by Rwandan troops in the Congo will not only become public record but also facts for court cases.

It is therefore in the Kagame regime's best interest to slow down the process of providing justice for more than 6 million Congolese who have lost their lives since the invasion of Congo in 1996 by Uganda and Rwanda. Glaring evidence of getting in the way of justice is Rwanda's refusal to hand over another war criminal, Gen. Laurent Nkunda, the former leader of the CNDP – currently renamed M23 – to Congolese courts for trial on his war crimes and crimes against humanity.

The United States being a top donor gives it a lot of leverage over Rwanda and a unique opportunity to help end the atrocities without engaging the military option by simply withholding all aid to the Kagame regime until all support for rebels and destabilization of the Congo ceases. It would send a clear message that American people's money will not be used to sponsor extermination of poor people in foreign countries.

The U.N. group of experts report points to Gen. Nkunda as a recruiter for the M23. On May 22, Rwandan Foreign Minister Louise Mushikiwabo said that Gen. Laurent Nkunda, who is in Rwanda, "cannot be in prison in Rwanda because he has committed no crime in Rwanda." Previously, President Kagame of Rwanda told BBC Hard Talk's Stephen Sackur that "Laurent Nkunda, if you will, is our guest. He has his family to visit him." This is of course the Gen. Nkunda who committed massacres of scores of families, displaced at least 300,000 people from their homes and broke countless families apart between 2006 and 2008.

Today, President Obama has an opportunity to put his money where his mouth is. He recently put in place a mass atrocities prevention board to combat exactly what is happening in Congo today. In fact, Stephen Rapp, who leads the U.S. Office of Global Criminal Justice, warned Rwandan officials, including Paul Kagame, that they may be charged with war crimes for atrocities committed in Congo. However, most U.S. action can be described as a slap on the wrist and looking the other way.

The current crisis in the Congo calls for swift and decisive action. It is a true test as to whether the administration is really committed to ending mass atrocities. It is in the interest of the American people to use our tax dollars wisely. Our tax dollars should never be spent on governments that are committing war crimes, crimes against humanity and possible genocide.

As a U.S. citizen who survived genocide in Rwanda, I find it unacceptable to give more resources to alleged war criminals. When given more resources, war criminals commit more crimes. It is also wrong to turn a blind eye to such atrocities.

The current crisis in the Congo calls for swift and decisive action. It is a true test as to whether the administration is really committed to ending mass atrocities.

The best way for the U.S. to honor millions of victims of senseless violence perpetrated by our allies in the African Great Lakes Region and to hold accountable the Rwandan government and its proxies who are currently supporting a rebellion in Congo's North Kivu province is to withhold aid. Withholding aid from the Rwandan government and enforcing a law President Obama sponsored and won passage of while he was a senator, PL456-456, would be a great start. This requires each of us to pick up the phone and call our Congress members, representatives and senators, to use the withholding of aid as a tool to help end the atrocities that include the use of child soldiers, rape and summary executions by the Rwanda-backed M23 so-called rebels.

The best way for the U.S. to honor millions of victims of senseless violence perpetrated by our allies in the African Great Lakes Region and to hold accountable the Rwandan government and its proxies who are currently supporting a rebellion in Congo's North Kivu province is to withhold aid.

It is high time to give aggressive diplomacy and economic sanctions a chance to take part in resolving the crisis and ending the violence in the Congo. According to the Obama administration, "Preventing mass atrocities and genocide is a core national security interest and a core moral responsibility of the United States." So is spending our tax dollars on responsible and non-criminal governments.

Claude Gatebuke is a U.S. based human rights activist who survived the Rwandan genocide in 1994. He appears regularly on national and international radio and television stations and often speaks at schools and community organizations. He has been a guest at the White House and has testified before both houses of the U.S. Congress. He is the executive director of the African Great Lakes Action Network, AGLAN, and can be reached atClaude@aglan.org.

 

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Amabwiriza Ngengamikorere y’abarwanashyaka ba FDU-INKINGI baba mu mahanga

DRC: Congolese should learn from Rwanda 1992

 

DRC: Congolese should learn from Rwanda 1992

Congolese populations fleeing fighting in Goma area.
Congolese populations fleeing fighting in Goma area.
The Rwandan Patriotic Front [RPF] invaded Rwanda on October 1st 1990. By 1992, Paul Kagame's rebellion fully supported by Joweri Museveni occupied a fraction of the Rwandan territory bordering Uganda. RPF rebels managed to put military pressure on Habyarimana's government for their grievances, as M23 is doing with the Congolese authorities. 
One major mistake that different Rwandan political parties MDR, PSD and PL then opposed to the president made was that they thought that by siding with RPF politically, they could speed up the removal of Juvenal Habyarimana and gain power and share it with the rebels. They put aside their democratic values they had been brandishing against the Rwandan president and supported an armed rebellion which were causing misery to hundreds of thousands of Rwandan citizens particularly from rural areas.
They were wrong in supporting RPF in its armed struggle because they lost on all the fronts: 1) they didn't save the nation by refusing to unite with all the forces which were against the invaders, but ready if necessary to listen to their grievances though not giving them too much; 2) they facilitated the task to RPF in gaining internal support and momentum to achieve its political objectives; 3) they were immediately sidelined by Paul Kagame's RPF once he took power in Kigali on July 4th, 1994. Congolese should learn here what happened to those who accepted to sit and negotiate with RPF at the time.
In the case of DRC, the roles are inverted  contrary to what prevailed in Rwanda of 1992. The Congolese opposition appears more patriotic ready to defend interests of the country than the presidential camp of Joseph Kabila which thinks wrongly that by responding favorably to Joweri Museveni, Paul Kagame and M23 for negotiations with the latter they might save DRC from balkanisation. By giving in, Joseph Kabila has shown again his weakness and lack of sacrifice for DRC and those interested in the two Kivus will be playing on that Achilles' heel once more.
A negotiation meeting started this week in Kampala between M23 and Kabila's government that the latter has been forced into. The meeting is being held under the leadership of Joweri Museveni. And the camp working for the partition of DRC has the upper hand, having seriously tested how weak DRC institutions are by managing to capture, occupy and "leave" Goma on their terms, and forcing Congolese into negotiations. It is only a matter of time before they finalise their plans of taking the two Kivus provinces. And this won't be long.
What are the options available to Congolese people?
  • Charles Onana, while launching his recent book "Europe, Crimes et Censure au Congo" on November 29th, 2012, strongly invited Congolese to mobilise, mobilise and mobilise for their country; nobody will defend it better than themselves
  • As this was to be for Rwandan political parties which wrongly saw in Kagame's RPF a better future for their country; Congolese politicians who see in negotiating with M23 a peaceful solution of DRC crisis they are fooling themselves. The Congolese nation needs to wake up and stand firm to the devilish ambitions of Paul Kagame and Joweri Museveni over their country. They need to read closely the Rwandan pre-genocide period and their own experience with the two leaders since 1996. If they cannot get any lesson out of such telling case studies, they are as culprits as M23 and its sponsors in the face of the Congolese population.
  • For the last 16 years, Eastern Congo [North and South Kivu provinces] has presumably benefited Rwanda significantly. In a recent interview with Aljezeera, Ambassador Cohen sarcastically said the Kivus belonged economically to Rwanda. If Congolese want to prove wrong anyone who think like that personality, and there are plenty who would want to see DRC falling into pieces for them to collect easily, they have to be ready to make a lot of sacrifices and keep their nation together as one.
  • While Paul Kagame has been weakened by the revelations of his involvement with M23 by the UN Group of Experts reports, he is not finished since despite his star fading, he has managed to get Kabila government agreeing to negotiate with M23. And this was his primary objective. Like in previous scenarios of occupying parts of DRC, he expects to keep hold of his preferred Kivus. In order not to continue experiencing this humiliating imposed situation, DRC popular patriotic forces need to force Joseph Kabila and all his political allies to resign even by a public uprising and outrage for him selling out to the enemies of the Congolese nation.
However, for this final option, patriotic Congolese will have to be very vigilant as according to the political analyst Jean-Pierre Mbelu M23 has many ramifications in Congolese administrative structures.
"M23 is everywhere in Congo, because M23 is CNDP whose members are found today in Goma, Kananga, Lubumbashi, Kitona, even in Kinshasa. They are everywhere. M23 is a full member of the Alliance for the Presidential Majority. Ties they forged were never officially broken."

-“The root cause of the Rwandan tragedy of 1994 is the long and past historical ethnic dominance of one minority ethnic group to the other majority ethnic group. Ignoring this reality is giving a black cheque for the Rwandan people’s future and deepening resentment, hostility and hatred between the two groups.”

-« Ce dont j’ai le plus peur, c’est des gens qui croient que, du jour au lendemain, on peut prendre une société, lui tordre le cou et en faire une autre ».

-“The hate of men will pass, and dictators die, and the power they took from the people will return to the people. And so long as men die, liberty will never perish.”

-“I have loved justice and hated iniquity: therefore I die in exile.

-“The price good men pay for indifference to public affairs is to be ruled by evil men.”

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