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DR Congo's Lubanga found guilty by ICC

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The International Criminal Court (ICC) has found Congolese rebel leader Thomas Lubanga guilty of recruiting and using child soldiers during the final years of the Democratic Republic of Congo's 1998-2003 war.

Lubanga, 51, on Wednesday became the first suspect on whom the Netherlands-based international court has delivered a verdict since it was established a decade ago.

The former leader of the Union of Congolese Patriots (UPC), an ethnic Hema group, was charged with recruiting and using child soldiers in northeastern DR Congo. He had been held at The Hague since 2006 and went on trial in 2009.

"The chamber reached its decision unanimously that the prosecution has proved Thomas Lubanga guilty of crimes of conscription and enlisting children under the age of 15 and used them to participate in hostilities," said Adrian Fulford, the presiding judge.

Al Jazeera's Tim Friend, reporting from The Hague, said: "He will be sentenced at a later date; he could be imprisoned for life."

Lubanga was alleged to have been the leader of the military wing of the UPC, known as the Patriotic Forces for the Liberation of Congo (FPLC). He denied the charges against him and said he was a political leader.

OTHER AFRICAN LEADERS ACCUSED OF WAR CRIMES AT THE ICC

- Jean-Pierre Bemba is accused of leading fighters in a campaign of torture, rape and murder in the Central African Republic.

- Omar al-Bashir, president of Sudan, is charged with war crimes in the Darfur region in 2003, along with Abdelrahim Mohamed Hussein, his former defence minister.

- Former Ivory Coast president Laurent Gbagbo is charged with criminal responsiblity for acts during the post-election stand-off in 2010.

- Saif al-Islam Gaddafi, son of the desposed Libyan leader Muammar Gaddafi, is accused of crimes against humanity stemming from the Libyan revolt.

Prosecutors said that Lubanga's role in the conflict was driven by a desire to maintain and expand his control over Ituri, one of the world's most lucrative gold-mining territories.

They alleged that the FPLC under Lubanga's control abducted children as young as 11 from their homes, schools and football fields.

No conviction for sexual violence

Carla Ferstman, director of Redress, a London based human rights organisation, said the ruling was an important one that might help discourage the use of child soldiers.

"We hope that this will have a deterrent effect in the DRC, the rest of Africa, Asia, and elsewhere," she said.

The children were taken to military training camps, where they were beaten and drugged. Girls among them were used as sex slaves, prosecutors told the court.

In his ruling, the judge noted there was a lot of evidence relating to the rape and sexual violence against the girls that were conscripted into the army. However, he said he was unable to make any ruling on this because the prosecution had not included these charges when it initially filed its case.

Ferstman said rights activists were "disappointed" that no conviction had been made for the extensive sexual violence.

During 204 days of hearings, prosecutors called 36 witnesses, the defence 24 and three represented victims.

Lubanga's lawyers accused the prosecution of fabricating false evidence with the help of intermediaries used by the prosecution to find witnesses, and claimed that individuals were paid to give false testimony.

Al Jazeera's Haru Mutasa, reporting from the DR Congo, said there were areas of the country where Lubanga still enjoyed popular support that viewed the ICC with suspicion.

"There is a resentment towards the ICC, as they feel Lubanga was unfairly targeted," our correspondent said.

"But for the victims in the east, they will be happy. Overall, there are mixed feelings over the case of Lubanga."

The ICC, the world's only independent, permanent tribunal to try genocide, war crimes and crimes against humanity, has issued four arrest warrants for crimes in DR Congo since opening its doors at The Hague in 2003 and is investigating seven cases, all based in Africa.

Lubanga is one of 20 suspects who have been the subject of arrest warrants from the ICC. Others include Saif al-Islam Gaddafi, the son of the former Libyan leader, several members of the Sudanese government, including President Omar al-Bashir, and Joseph Kony, the fugitive Ugandan leader of the Lord's Resistance Army.

Lead prosecutor Moreno-Ocampo has rejected criticism that the cases focus too much on Africa.

"Our office has a mandate to prosecute the worst crimes in the world where no one is investigating," he told the Reuters news agency.

Source: Al Jazeera and agencies

Forcibly displaced in South Kivu face a struggle to survive

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14 March 2012

Some of the people forced to flee Shabunda wait for assistance in a neighbouring territory in South Kivu province. Survival is a challenge.

BUNYAKIRI, Democratic Republic of the Congo, March 14 (2012) – Claudine* and her husband Pierre* fled their village in eastern Congo in early January and found shelter with thousands of others in Bunyakiri commune. But now the couple, like other internally displaced people (IDP) in South Kivu province's Kalehe territory, face a new challenge – the struggle to survive.

Fighting in the past four months, between the rebel Democratic Forces for the Liberation of Rwanda (FDLR), and a Maï Maï militia group has forced more than 100,000 people to leave the province's Shabunda territory and find shelter in Kalehe and other neighbouring territories. Most are farming folk, who relied on agriculture to survive in their villages.

But in the main areas of reception in Bunyakiri, land is scarce and most of the new arrivals cannot afford to buy a plot to grow enough food to survive on. They must work in the fields owned by members of the host communities. Pierre earns 800 Congolese francs (90 US cents) a day, too little to support his wife and six children.

The host community, themselves poor, have welcomed the new arrivals, providing them with shelter and sharing their meager resources. "There is no conflict here," Charles, a representative of the people of Bunyakiri, told UNHCR visitors. "The displaced live in harmony with the local population."

Many of the locals, including Charles, empathize with the displaced because they have had to flee their own homes in the past. Three of Claudine and Pierre's children attend a school in Bunyakiri, where the teachers are IDPs.

However, the growing population of displaced brings problems that need immediate attention. "Most of the displaced have left in haste, without bringing anything, not even an ID card", explained Charles. "There is a great need for food and non-food assistance and medicine. People have no cooking pots, no plastic sheeting to cover their shelter."

He urged the local authorities and NGOs to help with more humanitarian assistance, including help for host families. Alexandra Krause, a protection officer in Bukavu, said that after being alerted to the difficulties, "UNHCR was able to mobilize the support of other humanitarian actors in order to address the huge needs of the displaced." But more help is needed.

The latest forced displacement has been prompted by fighting in this eastern region of the vast Democratic Republic of the Congo (DRC) between the predominantly ethnic Hutu, Democratic Forces for the Liberation of Rwanda (FDLR), and the Raïa Mutombok Maï Maï militia group.

Claudine's village lies in an area of Shabunda that has been under the control of the FDLR since 1996 and it's never been an easy life for civilians in the volatile region. The rebel group is composed mainly of Rwandan Hutus who arrived in the DRC after the 1994 genocide in Rwanda.

"The FDLR laid down the law, everything belonged to them. They imposed forced labour on the people, plundered our homes and fields, beat or killed those who resisted, and raped the women," she told UNHCR.

But things got worse for the villagers when the Maï Maï attacked the FDLR last November. The rebels from Rwanda accused villagers of supporting the Maï Maï. "They opened fire on the houses where we were hiding and burned some down with the people still inside," said Claudine.

The only option was escape. Carrying a minimum of belongings, Claudine and Pierre walked for three days through the forest with their children, including a one-month-old baby. Today, their village is deserted. But they hope that one day they can return. "We will go back home when the war is over and the FDLR have left," Claudine said.

* Names changed for protection reasons

By Fabrice Eliacin in Bunyakiri, Democratic Republic of the Congo

Source: UNHCR.org

War Criminals are not welcome in Canada

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 BAHATY BAYAVUGE, Abraham from CongoToronto, Ontario, August 18, 2011 — Today, the federal government expanded its “Wanted by the CBSA” list to include individuals who have failed to comply with the Immigration and Refugee Protection Act (IRPA) and have criminal convictions in Canada. The announcement was made in Toronto by the Honourable Vic Toews, Minister of Public Safety, Parliamentary Secretary to the Minister of Public Safety, Candice Hoeppner, Parliamentary Secretary to the Minister of National Defence, Chris Alexander and Luc Portelance, President of the Canada Border Services Agency (CBSA).

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D.R. Congo: A Perfect soul should not be harmed

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It has been widely reported that women in the Congo are the most frequent victims of sexual violence and rape.  Alysha Atma in her article entitled, “Congolese Women 134 times More Likely to be Raped than American Women” dated May 11, 2011 (http://www.salem-news.com/articles/may112011/congo-rape-aa.php) noted that 4 women are raped every five minutes in the Congo as  an act of war, power and violence.  After the initial shock of the act of rape comes the reality of what the women suffer next. 

Not long ago I produced a report on the victims of rape being treated at the Centre Kitumaini with the assistance of the Atma Foundation based in the US.  Today we received horrific news of two new rape victims that have been brought to the center. Very sadly, this report was accompanied by the most horrific photos this writer has ever seen of rape victims.  The Coordinator of the Centre stated in his email that, “They say that rape is a double murder because human beings are slowly dying with great suffering.”  This statement could not be more true in the lives of these women.  These two women are believed to be ages 19 and 21 and due to the horrific nature of the gang rapes they have survived they are being treated for the abhorrent conditions of horrific infections. The women have very obviously been raped multiple times and most likely with foreign objects.  Due to the longstanding infections being suffered by these women they are no longer able to urinate or defecate as normal bodies due and most horrifically their intestines are beginning to fall from their bodies through the openings left by the trauma.

While the trauma suffered leave many women feeling “homeless in their own bodies” they find hope and treatment at the Centre Kitumaini.  These two precious women have been taken to the Panzi Hospital where they are receiving free medical care for their complicated and life threatening conditions

The IRIN, humanitarian news and analysis published a report today on the laws and lack of enforcement of these laws to protect sexual violence victims in the Congo. They stated, “Given the lack of confidence in the judicial system, many survivors choose to handle sexual assault allegations at the family level. This allows them to avoid the shame and stigma of publicity. But it also means some survivors must marry their rapists. "The traditional chief of the village or family sees the marriage of a young girl to her aggressor as a kind of reparation," explained Zoro. "Even the victim sometimes shares the same wish. She prefers this solution to dishonor, and the impossibility of marrying afterward since she is no longer a virgin."

If it were not for the open arms of those at the Centre Kitumaini and the Panzi Hospital these women would surely meet certain death as they would be poisoned by the waste fluids in their bodies that are not able to be expelled.   Upon their return to the Centre they will receive chickens, goats and seeds to start their own lives on their own terms. They will be empowered to grow their own food, sell the eggs of the chickens and feed their families with the milk of the goats. They will also begin the long process of physical and emotional healing. 

An old African Proverb states that, “the journey of a thousand miles begins with one step.”  These two beautiful souls have begun that journey and taken the first brave step back into their own lives.

 

 

 

 

Story Of Gatumba Refugee Camp 2004

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1. A Brief Overview on Banyamulenge Tragic History

Injured ManBanyamulenge are Congolese people; they mainly live in high peak plateaus located in Uvira, Fizi and Mwenga Zones; in Bukavu and Uvira cities, all in South Kivu Province in Democratic Republic of Congo, but they also live in other provinces of country. We have to remind that Banyamulenge live in DRC from 17th century.

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