Africa

November 23, 2016 (JUBA) – South Sudan lawmakers proposed on Wednesday that the country's oil production be halted due to what they described as “inappropriate financial assistance” given to Sudan.

A pipeline that transports crude oil from the south to Port Sudan (Reuters)

During deliberation on the 2016/2017 financial budget, lawmakers on South Sudan's Parliamentary Committee for Finance said Khartoum takes the chunk of the revenue from oil and Juba must re-consider continued production.

“The Committee has observed with dismay that Sudan is taking 80.33% of the government total oil revenue! (…)The Government of the Republic of South Sudan is getting only 19.67% of its total oil revenue,” said Goc Makuac Mayol, the chairperson for Finance Committee in the Transitional National Legislative Assembly.

Reading through a list of recommendations from his committee, Mayol said what Juba pays its northern neighbour is in compliance with the September 2012 Agreement between the two countries.

“This is because GRSS [Government of the Republic of South Sudan] continues to provide the inappropriately designed Transitional Financial Assistance/Arrangement (TFA), which gives Sudan USD15/bbl. being transported through Sudan,” said the lawmaker.

“In this regard, it would seem to the committee that South Sudan would be better off if she were to shut down oil production than continuing with the current arrangement with Sudan,” he added.

Mayol backed his argument on South Sudan's financial woes, by citing a fiscal gap of 47% said to be in the budget before parliament.

“South Sudan is currently facing a resource gap of 47% in the proposed FY2016/2017 and yet she is providing a financial assistance to Sudan. Payment to Sudan must not exceed 30% of GRSS' crude oil entitlement,” stressed the lawmaker.

South Sudan, it was agreed in 2012, would and Sudan $24 per barrel of as pipeline fee and other tariffs. However, the fall in the price of oil means South Sudan is unable to fetch substantial revenue from oil.

The budget will be presented to Parliament for third and final [fourth] reading next week. If MPs incorporate the recommendation to shut down oil production, fiscal gap would wider, according to analysts.

Oil accounts for 83% of the SSP 29.6 billion budget before parliament.

South Sudan first halted oil production in 2012 over accusation that Sudan was “stealing” crude oil. Sudan, at the time, said it was confiscating quantities of oil equivalent to the tariffs for pipeline use.

(ST)

November 22, 2016 (KHARTOUM) - The Director of President Omer al-Bashir's Office Taha Osman Tuesday denied rumours published by an electronic outlet saying he denied after a sudden heart attack.

The Mokhtsr.com, a Gaza based news website released a short wire about al-Bashir's death. The fake report twitted and posted on Facebook and other social media very quickly.

Al-Bashir has been outside the country since 14 November. He participated in the UN climate change conference (COP22) in Marrakech and now he is taking part in the Fourth Africa-Arab Summit Malabo, Equatorial Guinea.

“I am sitting next to President al-Bashir in Morocco and enjoying the rain. We are getting ready to leave in a while to Guinea to participate in the Arab-African Summit,” Osman told the Saudi Alarabiya.net,

He added they were getting ready to depart for Malabo to attend the Arab African meeting.

(ST)

November 22, 2016 (KHARTOUM) - Sudan's National Intelligence and Security Service (NISS) released on Tuesday 11 of the 12 doctors it had detained for 20 days.

Striking doctors meet at Khartoum Hospital on 20 oct 2016 (ST Photo)

The move came barely two days after the doctors called off their strike and ended their initial refusal to provide non-emergency treatment to patients.

In statement extended to Sudan Tribune, the independent doctors union, Central Committee of Sudanese Doctors (CCSD) said NISS released 11 doctors, including CCSD's Secretary General and spokesperson, but one of the doctors is still detained.

On Monday, CCDS called off an earlier strike planned up to the end of November and called for the release of the 12 detained doctors.

The pro-government Sudanese Doctors Union on Monday praised NISS's response to its initiative to stop summoning doctors and for allowing the union visit those detained.

CCDS, in statement issued Tuesday, said NISS had released all the detained doctors except Dr. Jihad Abd- al-Monauim who remains detained for unknown reasons.

On 6 October, Sudanese doctors staged a strike and refused non-emergency treatments to patients to protest the poor working conditions, lack of medicines and protection of doctors after increasing attacks by frustrated patients and their families.

However, on 13 October, CCSD called off the strike following government pledges to introduce a bill to the parliament to protect doctors, improve training conditions for registrars and improve work environment in hospitals.

But on 8 November, CCSD announced a resumption of a two-day strike every week during November, saying the Sudanese government did not honour its commitments.

In a statement Sudan Tribune obtained on Saturday, CCSD said it decided to increase the number of days on which strike action would take place to three, saying the Health Ministry was dragging its feet into the implementation of the agreement.

“Fifteen days have passed and [we haven't seen] anything new from the [Health Ministry] but further intransigence and lack of seriousness in dealing with our legitimate demands” read the statement.

The CCSD statement noted that the independent doctors union has submitted a memorandum to Sudan's Vice President Hassabo Abd al-Rahman on the 13 October and that the presidency had pledged to implement 13 of its items immediately.

However, government did not meet its commitment to implement doctors' demands to improve the health system and therefore doctors' decided to resume strike in November to push for the meeting of their demands, according to CCSD's statement.

Earlier in November, Amnesty International urged the Sudanese government to release 10 doctors arrested and to halt security summons to striking CCSD members.

(ST)

November 22, 2016 (BOR) - Teachers in Bor, the capital of South Sudan's Jonglei state protested, calling for pay rise and demanded the state government to reverse the termination of their 11 members.

Lakes state teachers demonstrate on the streets to demand allowances, February 19, 2014 (ST)

The strike, now on more than two months, intensified as the teachers threatened to resign should their needs not be amicably addressed.

The new chairman of the teachers' steering committee, Ruben Matuor Mayom, in a petition, addressed to the office of the governor, explained contents of their letter to the media on Tuesday.

“The first claim made by the teachers' general assembly is the reinstatement of all the 11 committee members who were sent by the teachers general assembly to present their grievances to the state ministry of education, these people were suspended and then terminated by the minister of education”, explained the Matuor.

Some teachers, both in primary and secondary schools, had been employed without appointment letters since 2005. The teachers are now demanding their appointments to be prepared and given out.

The teachers are also demanding pay rise as prescribed in the Republican order, issued some months back, granting salary increment for the government staff serving in grade 10 and below. This order had not been implemented, according to teachers.

“Since the ministry of education has failed to solve teachers' problems, this is why the teachers came up to governor to seek for a solution”, stressed the chairman of the steering committee.

Meanwhile, the state minister of information, Akech Deng, said government will look into issues bothering teachers and find remedies.

“The governor will read the demands of the teachers, and then the council of ministers or the leadership of Jonglei state will sit down and look into the issues that the teachers have raised. From there, it will be a dialogue, we are going to dialogue with them”, Akech said.

“The national budget is not passed yet; it is after the budget is passed that change will be seen. For sure now, with the economic crisis, everybody is feeling it, not only teachers”, she added.

The minister advised teachers not to let down students, much as they have put forward their demands for better working conditions.

(ST)

November 23, 2016 (JUBA)- Government and rebel forces in and around South Sudan's town of Yei committed serious abuses against civilians in recent months, a U.S-based human rights body revealed.

SPLA forces in Wau town on May 16; 2016 (ST Photo)

The abuses, Human Rights Watch said, include killings, rapes, and arbitrary arrests by government forces and abductions by rebels.

Hundreds of people have fled from South Sudan's Greater Equatoria region as a result of continuous clashed between the South Sudan army and rebels, with the warring factions accused of attacking civilians.

These attacks followed renewed clashes in the capital, Juba between forces loyal to President Salva Kiir and rebel leader, Riek Machar in July.

Abuses documented, Human Rights Watch said, are the latest examples of attacks on civilians by both sides involved in the conflict.

“A proposal for a United Nations arms embargo is finally on the table after nearly three years of atrocities against civilians by armed groups in South Sudan,” said Daniel Bekele, senior director for Africa advocacy at Human Rights Watch.

“Security Council members should urgently support the measure, which could help stem the attacks on civilians,” he added.

According to the rights body, between October 19 and 26, its researchers interviewed more than 70 victims and witnesses in Yei, the capital of the newly created Yei River state, in Central Equatoria.

“Because of ongoing insecurity, researchers were unable to reach and assess areas outside of Yei, including Mugwo, Rubeke, and Mitika, on the road to Lasu, places where there have been further serious allegations of abuses,” the rights body said on Wednesday.

The U.S-based body cited a 23 August, 2016 incident, in which unidentified attackers entered a house and killed a mother and her 4-year-old daughter with machetes, then dumped their bodies in a river. The 4-month-old baby was cut on the neck but survived, it said.

The killings reportedly took place in areas controlled by government forces but in this and some other cases, Human Rights Watch was unable to identify if the attackers were government forces or rebels.

Cases of arbitrary detentions of civilian men by government troops in Yei military facilities, in addition to several incidences of arbitrary detentions by the military in the towns of Juba, Yambio, and Wau.

Human Rights Watch researchers reportedly also found that rebels claiming affiliation with the opposition forces led by Machar ambushed a convoy of cars carrying civilians fleeing Yei, killing mostly Dinka, who are from the same broad ethnic grouping as Kiir.

Meanwhile, the rights body said the UN Security Council members should support the U.S proposal for an arms embargo and targeted sanctions.

“Security Council members should also press for progress on establishing the African Union (AU) hybrid court for South Sudan to investigate and prosecute people responsible for war crimes and other serious violations of the laws of war during the conflict,” it said.

(ST)

November 22, 2016 (KHARTOUM) - Sudan's Foreign Ministry on Tuesday has discussed with the UNAMID issues pertaining to the mission's performance and exit from the western region.

A UNAMID peacekeeper during a routine patrol in Tawila, North Darfur.(Photo UNAMID/Hamid Abdelsalam)

Foreign Ministry Under-Secretary Abdel-Ghani al-Nai'm on Tuesday has met with the Deputy Joint Special Representative for the hybrid peacekeeping mission in Darfur (UNAMID), Jeremiah Mamabolon, said Foreign Ministry spokesperson Gharib Allah al-khidir.

He pointed that al-Nai'm stressed the need to agree on practical moves to implement a gradual and smooth exit for the UNAMID from the region in accordance with the references agreed upon among the various parties.

According to the press release, al-Nai'm renewed his government's firm stance to support the mission and facilitate all its tasks.

For his part, Mamabolo underscored importance of issues raised by al-Nai'm, expressing his gratitude for the valued cooperation of the Sudanese government with the mission.

Sudan, African Union and the United Nations since two years hold discussions on the UNAMID's exit from western Sudan. Khartoum says the security situation is stable and its efforts to curb the tribal violence have been successful.

But the UN proposed a limited and gradual withdrawal from some sectors saying the full exit should intervene after the signing of peace agreement with all the rebel groups and to ensure the protection of displaced civilians.

The hybrid mission has been deployed in Darfur since December 2007 with a mandate to stem violence against civilians in the western Sudan's region.

It is the world's second largest international peacekeeping force with an annual budget of $1.35 billion and almost 20,000 troops.

UN agencies say there are nearly 2.5 million displaced persons in Darfur, despite the signing of peace agreement in Doha in July 2011.

(ST)

November 22, 2016 (JUBA) - The United Nations refugee agency (UNHCR) Tuesday said 39 Sudanese refugees have been kidnapped by unknown gunmen from Lasu camp in Central Equaroria area, South Sudan.

Sudanese refugees wait to board a truck heading to Batil refugee camp in South Sudan's Upper Nile state on 15 July 2012 (Photo: Paula Bronstein/Getty Images)

"An alleged armed group abducted some 39 Sudanese refugees from Lasu camp on 19 October 2016 and took them 18 kilometers east of Lasu to their base, 3 km off the main road near Mitika SPLA base," reported the HCR based on the accounts by survivors currently at Yei Hospital.

Two Sudanese refugees from the Nuba Mountains were killed, and five others were seriously injured in Lasu, earlier this month on 5 November.

The remaining abducted refugees are still in captivity, the report said.

No information is available about the cause of the targeting of Sudanese refugees. But the security situation in the area is volatile.

UNHCR and aid groups have not been able to access Lasu camp over the past month due to insecurity en route from Yei to Lasu. Also, delivery of humanitarian assistance has been disrupted.

There are some 266,000 registered Sudanese refugees, from South Kordofan and Blue Nile States in South Sudan in the Upper Nile and Unity regions near the border. But there are no statistics for the refugees in other regions of South Sudan.

Last week, the HCR said 7.500 Sudanese refugees have returned from Yida camp to South Kordofan state. The lack of security threatens refugees life and complicate the transportation of humanitarian assistance to the camp.

(ST)

November 22, 2016 (JUBA)-South Sudanese government on Tuesday downplayed reports insinuating new Japanese troops deployed as part of the United Nations peace keeping troops in the country could use force if the situation requires.

A contingent of 130 Japanese peacekeepers on Monday arrived in Juba, where they will join the UN Mission in South Sudan (UNMISS). The total number of the Japanese troops, 350 peacekeepers, are expected to be deployed in South Sudan by December 15, 2016.

They are mainly tasked with the building of infrastructure in the troubled South Sudan. Also they would guard U.N. protection sites which have been attacked last July by the government forces.

Presidential adviser on military affairs told Sudan Tribune on Tuesday that any unilateral act would contravene the Status Of Force Agreement (SOFA), which the United Nations and the host country had signed.

“South Sudan is a sovereign state and any deployment to any independent country is done in a way that it complements the work of the government and sovereign institutions. So any troops coming into the country, whether they are from Japan or any other country have to conduct their activities in accordance with the Status Of Force Agreement and with the consent of a sovereign government”, said Daniel Awet Akot, a leading member of the faction of the governing Sudan People's Liberation Movement (SPLM) under president Salva Kiir.

Akot revealed that the government and the United Nations have not concluded discussions about the nature of the additional peacekeeping force authorized by the United Nations Security Council to protect civilians, separate two warring sites and disarm any belligerent force refusing to comply with the rules of engagement and acting in a manner undermining stability and safety of civilians.

Japanese troops, he said, cannot go into combat.without the consent of the host government

“That is not their work and it will not happen. Whatever they will be doing will have to be consistent and in conformity to the international norms. The consent of the government counts. It is very important and so I want to assure our people not to panic about what is reported in the media,” he said.

Meanwhile, the undersecretary of the ministry of foreign affairs also downplayed the fear, saying that the 2012 SOFA which the government signed with United Nations requires cooperation between the mission and the government than taking unilateral military operations.

(ST)

November 22, 2016 (KHARTOUM) - The United Nations (UN), Sudan's Ministry of Justice and Ministry of International Cooperation have launched a major programme to enhance the rule of law in Darfur.

The initiative comes under the umbrella of the “Global Focal Point” which is a UN working arrangement between the Department of Peacekeeping Operations (DPKO), the UN Development Programme (UNDP), and other UN partners, to provide joint operational country support in the police, justice and corrections areas in post-conflict and other crisis situations.

In a joint statement extended to Sudan Tribune on Tuesday, the Deputy Joint Special Representative of the peacekeeping hybrid mission in Darfur (UNAMID), Ms. Bintou Keita, said the ultimate goal of the joint programme “is to identify good practices that can be replicated or gaps to be addressed through technical expertise and support.

“Through these activities, UNAMID will help to maintain stability in pilot areas, contribute to the protection of civilians – including returnee populations and women, and facilitate the implementation of the Doha Document for Peace in Darfur (DDPD),” said Keita.

She added that UNAMID “will continue to work with national authorities to monitor, evaluate and strengthen the capacity of rural court judges to resolve and mediate conflicts over land and other resources”.

According to the statement, the programme aims to “lay the foundations for sustainable peace and development by strengthening rule of law institutions, improving people's access to justice and enhancing mechanisms to address land issues in Darfur”.

It will support the region towards recovery and development and has been developed following wide consultations with the Sudanese government, civil society organisations, and UN Agencies at all levels.

For her part, UN Resident and Humanitarian Coordinator Ms. Marta Ruedas affirmed the “UN's commitment to work jointly for the benefit and prosperity of the Sudanese.

“The Joint Programme represents a significant endeavor for the UN from a global perspective. Once established, it will represent the first organized transition from a peacekeeping mission to the United Nations Country Team (UNCT),” she said.

“Moreover, never have so many UN organizations teamed up on a single Rule of Law programme, or perhaps any joint programme for that matter, making this a showcase of how we can work better together,” added Ruedas.

Sudan's acting Minister of International Cooperation Osman Ahmed Fadel Wash, for his part, stressed that “the programme builds a solid foundation for sustainable peace reflecting national ownership and a strong sense of partnership and coordination between the UN and the Government as well as amongst UN agencies and other stakeholders.”

“The programme is a key pillar of social stability. It ensures women's empowerment for the development of communities and vulnerable groups,” he added.

It is noteworthy that the joint programme has been initiated in implementation of Security Council Resolution 2296 (2016) which requested that certain UNAMID mandated tasks relating to the promotion of the rule of law in Darfur, as well as capacity-building of police and other local institutions, be transferred to the United Nations Country Team in Sudan.

Darfur has been a flashpoint for lawlessness and violence since rebel movements took up arms against the Khartoum government in 2003.

UN agencies estimate that over 300,000 people were killed in Darfur conflict since 2003, and over 2.5 million were displaced.

(ST)

November 22, 2016 (JUBA) – South Sudanese President Salva Kiir left Juba for the first time in five months for an African-Arab summit in Equatorial Guinea.

South Sudan President Salva Kiir waits for the arrival of his Kenyan counterpart Uhuru Kenyatta, in Juba on May 23, 2013. (Photo Reuters)

President Kiir was seen off by First Vice President Taban Deng Gai and several ministers. A short statement from Kiir's office said the he is being accompanied by several ministers and businessmen.

“He is joining other World leaders for the 4th Africa-Arab Summit. The meeting is attended by other head of states,” the statement reads partly.

President Kiir never left the capital Juba since the eruption of fighting between his forces and troops loyal to the former First Vice President and leader of the SPLM in Opposition Riek Machar.

Rumours of ill-health forced President Kiir to march on the streets of capital Juba and address the public for the first time in September.

The trip to Equatorial Guinea, according to the office of the president, will be used to solicit support for peace. Also, Kiir is expected to hold meetings with the Arab leaders from the Gulf countries to get some loans for his country.

He is quoted to have said “I'm for peace, stability and development and with the power of God things will change one day (sic).”

The Africa-Arab Summit is the annual event in which leaders from the African continent and in the Arabs world meet to interact and share ideas about how they would work together to promote their economic activities for the benefits of their people.

The summit scheduled to take place in Equatorial Guinea is the fourth of its kind since the idea was adopted. Regional leaders, including Sudanese president Omer Ahmed Hassan al-Bashir, Kenyan president Uhuru Kenyatta, Zambia's Edgar Lungu as well as leaders from Kuwait, Qatar, United Arab Emirates and Saudi Arabia are expected to attend the summit.

This year's Summit is being held under the theme “Together for a sustainable economic development”. The last summit was hosted by Kuwait in 2013.

(ST)

Tanzania's motorcycle taxis are often associated with deadly road accidents but one trainee doctor is adding a life-saving chapter to the bikers' story, writes Ross Velton.

For the past year and a half, the Burundian government has brutally crushed any form of dissent. Since the crisis  triggered by President Pierre Nkurunziza’s decision to run for a controversial third term  began, hundreds of people have been killed and thousands arbitrarily imprisoned. Pierre Claver Mbonimpa is one of Burundi’s most prominent human rights activists and founder of the Association for the Protection of Human Rights and Detained Persons (APRODH). In 2015, he narrowly escaped an assassination attempt, believed to have been by Burundi’s intelligence services. Pierre Claver, who now lives in Belgium, is the 2016 recipient of the Alison Des Forges Award for Extraordinary Activism. Human Rights Watch’s Benedicte Jeannerod spoke to him about the fear that has gripped his country, his life in exile, and his continued fight for the rights of all Burundians.

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Pierre Claver Mbonimpa.

© 2016 Patricia Williams

How do you view the human rights situation in your country, Burundi? 

The human rights situation in Burundi is continuing to deteriorate in an alarming way. People are being killed every day, every month. There are hardly any civil society organizations or media left in the country. Activists and independent journalists are living in exile. Those who remain must work underground with the threat of repression.

Since Burundi recently broke off all relations with the Office of the UN High Commissioner for Human Rights and declared its experts persona non grata, there are no observers left. Acts of violence can take place without any outside witnesses. People are living in fear, there is no justice, and the crimes we have documented are not punished. Burundi’s recent withdrawal from the International Criminal Court took the country one step further down this spiral of violations and impunity.

What’s more, there is no longer any rule of law or any institution: the intelligence services, which are responsible for most of the crimes against the population and report directly to the president’s office, control the justice system and the police – which are supposed to provide security to the population. 

My country has become a country of fear and violence, without any voices, without any respect for the law.

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© 2014 Teddy Mazina

What is the nature of the violence  taking place?

It is political violence, primarily targeted at members of opposition parties, people who don’t believe in Nkurunziza’s third term and people who took part in demonstrations.

The modus operandi has gradually changed. At the start of the crisis, dead bodies were found on the streets almost every day. Today, the killings are taking place more secretly: people are abducted in one province, killed in another, and buried without a trace. Families don’t know what has happened to their loved ones. This makes it very difficult to document these acts of violence.

The other type of violence is targeted at the families of people in exile. That is what happened to me. The government said  even those who go into exile can’t escape us because their families are still here. In my case, this threat was realized. After the intelligence services tried to assassinate me in August 2015 and I was forced to go into exile in Belgium, my son-in-law, then my 24-year-old son were both killed. 

Finally, the prisons in Burundi have never been as full as they are today. There are an estimated 10,000 prisoners. Even in 1998, when we were in the middle of a civil war, we didn’t reach that level. According to the information we have, more than half of these prisoners are detained for political reasons. They are accused of fictitious offenses of endangering state security or participation in the rebellion.  

How can you keep working under these circumstances? 

I live in exile in Belgium. The Burundian government closed my organization, the Association for the Protection of Human Rights and Detained Persons (APRODH). We are now working through a fragile network of focal points and volunteers who document violations as best they can, in a clandestine way. Our work has become extremely dangerous, not only for the people who work with us but also for those who give us information. The climate of fear is such that it has become very difficult to obtain information. That doesn’t stop us from having focal points, including in institutions like the police or in the prisons, among people who don’t agree with what the government is doing. We continue to publish reports, which we send to the international community as well as to the Burundian government. It’s essential to maintain attention and pressure on Burundi so that these crimes can’t be committed completely behind closed doors. 

After everything that you and your family have been through, how do you find the strength to continue fighting? 

What happened to me and to my family is what many Burundians are going through. In these particularly difficult moments, we must continue to fight and observe. Nkurunziza’s government is killing and terrorizing the population and could propel our country into civil war. This is not the moment to give up. If we abandon the human rights cause, then we will be abandoning the entire population to violence and to the absence of the rule of law. I will fight for peace and justice until my last breath. 

What does the Alison Des Forges prize, which you received from Human Rights Watch, mean to you? 

I have received other prizes for my work, but this is the one that means the most to me. Alison Des Forges was a friend. She used to visit me every time she came to Burundi and we would have long conversations on the human rights situation and on how to conduct investigations efficiently. Just one month before she died in a plane crash in the USA in 2009, we were together in Bujumbura. When I feel discouraged, I think of her and her strong commitment. 

We write in advance of your upcoming plenary review of the Democratic Republic of Congo government’s compliance with the Convention on the Rights of the Child (the “Convention”). It is an update to our earlier submission, based on recent events. This submission relates to Articles 6, 24, 28, 29, 35, 37, 38, 39, and 40 of the Convention, and proposes issues and questions that Committee members may wish to raise with the government.

Related Content

• Updated Human Rights Watch submission to the Committee on the Rights of the Child concerning the Democratic Republic of Congo

Education (Articles 28, 29, and 38)

Human Rights Watch would like to congratulate the Democratic Republic of Congo on endorsing the Safe Schools Declaration on July 28, 2016. The Safe Schools Declaration suggests various common-sense actions that countries can take to reduce the negative consequences of armed conflict on education.[1] By committing to work towards safe schools for all children and educational staff, Congo has made a step forward in defending the right to education.

A key element of the Safe Schools Declaration, as well as of United Nations Security Council Resolutions 2143 (2014) and 2225 (2015), is that governments take concrete measures to deter the military use of schools. In this respect, we note that in early 2013, Congo’s minister of defense at the time, Alexandre Luba Ntambo, issued a ministerial directive to the Congolese army stating: “I urge you to educate all members of the [Congolese army] that all those found guilty of one of the following shortcomings will face severe criminal and disciplinary sanctions: ... Recruitment and use of children…, Attacks against schools ..., requisition of schools ... for military purposes, destruction of school facilities.”[2]

This is a positive move by the defense ministry, and has the possibility of serving as an example of good practice to other countries. However, Human Rights Watch is unaware of any existing Congolese legislation or military doctrine that explicitly prohibits or regulates the practice of military use of schools, let alone that makes it a criminal offense, in order to implement the sanctions proposed by this directive.

Congolese troops who partake in UN peacekeeping operations are also obliged to not use schools in their operations.[3]

Human Rights Watch recommends the Committee ask the government of the Democratic Republic of Congo:

• How many schools, universities, or education facilities have been damaged or destroyed as a result of attacks by a) state security forces and b) non-state armed groups in each year of the reporting period, and since?
• What action has the government taken to prevent attacks by non-state armed groups on schools and universities and to mitigate their impact when they do occur?
• How many schools, universities, or education facilities have been fully or partially occupied or used by a) government security forces and b) non-state armed groups in each year of the reporting period, and since?
• What action has the government taken to ensure that attacks on schools in contravention of international humanitarian law are investigated and those responsible duly prosecuted?
• What measures is the government putting in place to ensure children displaced by conflict are able to safely access a quality education?
• Is the obligation to not use schools during military operations included in pre-deployment trainings of Congolese forces contributing to United Nations peacekeeping missions?
• Does the 2013 ministerial directive require any implementing legislation or military doctrine in order to carry out the stated sanctions for military use of schools?

 

Human Rights Watch asks the Committee to call upon the government of the Democratic Republic of Congo to:

• Take concrete measures to deter the military use of schools, following UN Security Council Resolutions 2143 (2014) and 2225 (2015), including by bringing the Guidelines for Protecting Schools and Universities from Military Use during Armed Conflict into domestic military policy and operational frameworks, as per the commitment made in the Safe Schools Declaration. 
• Investigate and appropriately prosecute individuals responsible for involvement in the range of violations of international law that constitute attacks on education, including as a matter of command responsibility.
• Respond to attacks on schools by promptly repairing damage and ensuring that students can safely return to class.
• Ensure the provision of education in crises and displacement, and adopt special measures to ensure children can continue their education in highly insecure areas, including by reducing the distance to school, offering distance learning programs, and setting up protective learning spaces for girls and teachers.

Abductions/Enforced Disappearances (Articles 6, 35)

On June 7, 2016, the government published its report on Operation Likofi, an anti-crime campaign in which Congolese police shot dead at least 51 young men and boys, and forcibly disappeared another 33, between November 2013 and February 2014. Human Rights Watch documented how uniformed police, often wearing masks, dragged kuluna, or suspected gang members, from their homes at night and executed them. Some were street children, while others were youth falsely accused by their neighbors in unrelated disputes. The government report did not recognize the full extent of the abuses, provide a total of those killed during the operation, or call for those most responsible to be brought to justice. Furthermore, the identities of 421 bodies buried in a mass grave in Maluku remain unknown.[4] The operation’s commander, Gen. Célestin Kanyama, is now National Police Provincial police commissioner for Kinshasa. In June 2016, the US authorities imposed sanctions on Kanyama “for being responsible for or complicit in, or having engaged in, directly or indirectly, the targeting of women, children, or any civilians through the commission of acts of violence, abduction, or forced displacement in the DRC, and for being a leader of an entity that has, or whose members have, engaged in such conduct.”[5]

Human Rights Watch recommends the Committee ask the government of the Democratic Republic of Congo:

• What actions have been taken to investigate and prosecute those most responsible for the summary executions and enforced disappearances during Operation Likofi, and if no action has been taken, why not?
• What measures have been taken to protect street children and other vulnerable young children and young adults?

 

Human Rights Watch asks the Committee to call upon the government of the Democratic Republic of Congo to:

• Ensure that those most responsible for the abuses committed during Operation Likofi are criminally investigated and appropriately prosecuted, including Gen. Célestin Kanyama.
• Ensure that all children in detention who are suspected kuluna and credibly charged with a criminal offense receive a trial before a competent, independent and impartial child court.
• Release those in custody who have not promptly and credibly been charged with a criminal offense and those under Congo’s age of criminal responsibility, which is 14. Children found responsible for a crime should only be incarcerated as a last resort and for the shortest appropriate period of time, and be separated from adults.

• Support programs that provide education, shelter, skills training, sports, and cultural activities for street children and other vulnerable children and young adults in Kinshasa as part of a broader effort to decrease criminal activities by kuluna.
• Take appropriate legal action against politicians and their supporters who provide weapons or bribe youth in Kinshasa to disrupt their opponents’ activities.

• Assign the Ministry of Gender, Family, and Children as a focal point to promote the protection of street children and other vulnerable children and young adults and to monitor law enforcement practices related to street children.
• Investigate and appropriately prosecute cases of police violence against street children.
• Encourage the Ministry of Youth, Sports, Culture, and Arts to organize recreational activities and other pastimes for street children and other vulnerable children and young adults.

 

Detention of children (Articles 24, 37, 38 (4), 39, 40)

Security forces have arrested and detained hundreds of children suspected of association with armed groups.[6] In December 2015, Human Rights Watch documented the unlawful detention of at least 29 children, all boys ages 15 to 17, during a visit to Angenga prison in northwest Congo. Human Rights Watch interviewed 53 detainees, including 29 children, and several prison officials as well as more than 40 Congolese military and government officials, UN officials, humanitarian workers, and others, between December 2015 and March 2016.[7]

Congolese authorities alleged the children in detention were members of the Democratic Forces for the Liberation of Rwanda (FDLR), a rebel armed group. Seventeen children told us they were civilians and had no affiliation with the FDLR, while others said they were former members but had demobilized months or years previously and reintegrated into civilian life. Only two children said they were active FDLR members when they were apprehended.[8]

Detention conditions at Angenga have been dire, with limited access to food, clear water, and medical care. Children were detained alongside adults during the day, and were detained in the same cells as the adults until they were transferred by prison officials to a separate block for sleeping at night in late February 2016. Some of the children had been held for more than a year. None of the children had been charged with crimes, or had access to lawyers or their families.[9]

Several weeks after Human Rights Watch’s research into the detention conditions at Angenga prison was published, the government and the UN in a joint mission removed many of the children.[10]

Human Rights Watch recommends the Committee ask the government of the Democratic Republic of Congo:

• How many children remain detained in the military prison in Angenga?
• What plans does the government have for the rehabilitation and reintegration of former child soldiers into society?

 

Human Rights Watch asks the Committee to call upon the government of the Democratic Republic of Congo to:

• Immediately release all children detained at Angenga who have not been charged with a crime.
• Strictly comply with international legal obligations to detain children only as a last resort and for the shortest possible period of time.
• When prosecuting children alleged to have committed illegal acts, treat children in accordance with international juvenile justice standards and law. In particular, ensure that children enjoy full due process guarantees, including access to counsel, the right to challenge their confinement, contact with their families, and separation from adult detainees. Ensure that any punishment for criminal offenses be appropriate to their age, and be aimed at their rehabilitation and reintegration into society.
• In line with international law, recognize the special situation of children who have been recruited or used in armed conflict and rehabilitate and reintegrate former child soldiers into society.

 

 

[1] Safe Schools Declaration, http://www.protectingeducation.org/sites/default/files/documents/safe_sc... (accessed October 20, 2016).

[2] Minister of Defense Alexandre Luba Ntambo, Ministerial Directive on the Implementation of the Action Plan, Ministry of Defense, No. VPM/MDNAC/CAP/0909/2013, May 2, 2013.

[3] United Nations Infantry Battalion Manual, 2012, section 2.13, “Schools shall not be used by the military in their operations.”

[4] Ida Sawyer, “Dispatches: Still No Justice for Congo’s Likofi Victims,” June 7, 2016, https://www.hrw.org/news/2016/06/07/dispatches-still-no-justice-congos-l....

[5] Ibid; U.S. Department of the Treasury, “Treasury Sanctions High-Ranking Government Security Official for Role in Violence in the Democratic Republic of the Congo,” June 23, 2016, https://www.treasury.gov/press-center/press-releases/Pages/jl0496.aspx (accessed November 3, 2016).

[6] Human Rights Watch, Extreme Measures: Abuses against Children Detained as National Security Threats, July 2016, https://www.hrw.org/news/2016/04/04/dr-congo-children-held-remote-milita....

[7] “DR Congo: Children Held in Remote Military Prison: Former Child Soldiers Should Be Rehabilitated, Released,” Human Rights Watch news release, April 4, 2016, https://www.hrw.org/news/2016/04/04/dr-congo-children-held-remote-milita....

[8] Ibid.

[9] Ibid.

[10] Human Rights Watch, “Extreme Measures.”

Following a decision of the United Nations Human Rights Council, in which it setup a commission of inquiry to investigate human rights violations and abuses in Burundi, including whether they may constitute international crimes, the President of the body has appointed the Commission’s Chair and members.

The United Nations peacekeeping mission in the Central African Republic has called for an immediate end to violence after the clashes that broke out on Monday in Bria town between armed elements of the Front populaire pour la renaissance de la Centrafrique (FPRC) and the Union pour la paix en Centrafrique (UPC).

The Office of the United Nations High Commissioner for Human Rights (OHCHR) has sounded the alarm over the fact that two journalists in Gambia have been held for more than two weeks without access to lawyers or their family members.

November 21, 2016 (KHARTOUM) - A joint South Darfur government and UNMAID delegation visited Graida area to inspect the security situation following recent clashes between farmers and pastoralists.

In a statement released Monday, the Darfur hybrid mission said that a joint delegation was led by UNMAID's Head of South Darfur Office, Berhanemeskel Nega and South Darfur Local Government Minister, Hassan Khamis, visited Graida, at 80km south of South Darfur capital, Nyala on 16 November .

The meetings discussed cooperation between the peacekeeping operation and local authorities to promote peaceful coexistence, organisation of capacity building programmes as well as delivery of humanitarian assistance and security, particularly during the harvest season

"In Graida, the delegation met with the Locality Commissioner, Mr. Hamid Abdalla Hamad, Community leaders and representatives of the Internally Displaced Persons (IDPs) in the area," said the statement.

In separates meetings held with Massalit and Falata leaders, the tribal chiefs reiterated their commitment to resolving their disputes over grazing land, peacefully.

"The Tribal leaders further urged UNAMID to provide capacity building support to native administrations to enable these institutions to continue to perform their traditional role in conflict resolution," UNAMID said.

In his remarks, Nega highlighted the importance of cooperation between the hybrid peacekeeping mission and the local authorities to enhance social peace in the area, saying that ' UNAMID is here to support you and the government to achieve these goals”.

On his part, the Graida Locality Commissioner, Hamid Abdalla Hamad, said that local authorities have put in place measures to control the situation.

He added that efforts are underway to hold a reconciliation conference between Rezeigat and Massalit tribesmen in Goghana area, south Darfur, in the near future.

On 9 November, five people were killed and several others wounded in violent attacks between cattle herders and farmers in Goghana area in South Darfur prompting retaliatory attack.

(ST)

November 21, 2016 (WAU) – Authorities in South Sudan's newly established state of Wau have formed a committee to investigate circumstances under which Lol state political advisor was killed.

The state information minister, Bona Guadensio said the investigation team is headed by current security adviser, Dominic Emilio Bafuka.

“The security committee in the state formed a committee headed by state security adviser. The committee will start investigations as soon as possible because this is a criminal case to be handled in a special way, according to the law,” said Guadensio.

“There is one suspect under medication right now at the military hospital. The committee has authority because it has been formed by the acting governor who is the deputy governor,” he added.

Once investigations as completed, the committee will come out with its report and the matter would be transferred for legal procedures.

“My Message to the family of the deceased is just to assure them that as the government, we have formed a committee. These are the right procedures,” stressed the state information minister.

“We need them to be patient because am sure the committee headed by the security adviser will come out with the good result and then through the result, the case will be transferred to the justice ministry. Am sure through the court, things will be clear,” he added.

Unknown people gunned down the late Francis Pasquale Pama from his house at Awiel Jedid residential area in Wau last week.

Pama represented Yabulo boma in Western Bahr el Ghazal state legislative assembly prior to becoming a political advisor in Lol state. In 2015, he moved from Wau to Lol state in 2015 after the division of 10 states into 21 states by President Salva Kiir. This annexed Yabulo boma in Western Bahr el Ghazal state to Lol state.

(ST)

November 21, 2016 (WAU) – A delegation from the regional bloc (IGAD) led by Abdelazim Elmusalami arrived in Wau, one of South Sudan's new states Monday.

Wau state governor Andrea Mayar Acho (ST Photo)

The team leader said their mission was to introduce the Ceasefire and Transitional Security Arrangement Monitoring Mechanism's (CTSAMM's) monitoring and verification team, explain their mission and tasks as indicated in the Agreement on the Resolution of the Conflict in the Republic of South Sudan (ARCISS), signed in August 2015.

“Important issues for the Ceasefire and Transitional Security Arrangement Monitoring Mechanism in the Agreement of the Resolution on the Conflict in the Republic of South Sudan are chapter 2 Permanent Ceasefire Transitional Security Arrangement (PCTSA),” said Elmusalami.

“Now we have introduced our team in Wau to be allowable and permissible for practice to ensure sustainable peace and facilitate the operationalization of the transition security arrangement,” said added.

The official appealed to the state governor to give the monitoring team green light, especially in regard to allowing the freedom of movement.

Meanwhile Wau state governor, Andrea Mayar Acho assured the IGAD team that they would be allowed free within the state.

(ST)

The United Nations is extremely concerned by the continued worsening humanitarian situation in Ganfouda area in the Libyan city of Benghazi due to increased hostilities over the past week, a senior UN aid official in the North African country said today.