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ICC should not be blindsided by Kinshasa

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The Democratic Republic of Congo, on May 22, filed a complaint to the International Criminal Court (ICC) against Rwanda Defence Forces (RDF) and the M23 rebels for crimes they allegedly committed and especially pillaging of its natural resources.

 

Kinshasa claimed to be "concerned deeply about the suffering of the populations” in the eastern part of the country. Therefore, it wants ICC to investigate and prosecute any person involved in human rights violations between 2022 and 2023.

 

However, every person who carefully follows what happens in eastern DRC can wonder if Kinshasa is really worried about the distress of its people, or if it is its bad habit of playing the victim, finding scapegoats for its own failures and harboring human rights violators.

 

Irrespective of the long-time grief of Kinyarwanda-speaking Congolese, and considering the time mentioned in the referral –between 2022 and 2023– the Congolese government has watched Rwandophones being kidnapped, tortured, murdered, and burned alive or cannibalized by the Congolese Army (FARDC), its militia allies including the genocidal group, FDLR, the national Police and normal citizens. But it did not react when all this happened.

 

On March 18, in Kimoka village, Masisi territory, in North Kivu, two FARDC officers, Col Gatali Ngarukiye Céléstin, Lt Gahaya Adrien, and their escorts were killed by their compatriots that are in the coalition of Mai Mai APCLS and FDLR, only because they were Rwandophones.

 

On May 26, 2022, the Provincial Commissioner of the Congolese National Police in North Kivu Province, Gen. Aba Van Ang, was filmed briefing hundreds of police officers, instructing them to ready their families to combat ‘the enemy’ by obtaining machetes and other traditional weapons.

 

On June 15, at the call of the Coordination of the Civil Society in Goma, thousands of people demonstrated to support the FARDC and denounced the “Rwanda’s aggression”. During these demonstrations, scenes of looting of stores belonging to the Congolese Rwandophones were reported. On some streets of the city, demonstrators stopped vehicles searching and asking for identity cards of occupants. The hunt was on for Rwandophones. Some were found and killed.

 

These examples are just a drop in the ocean.

 

Related: Who will be held accountable for hate speech?

 

The United Nations, European Union, and the United States, several times denounced this violence, hate speech and divisive rhetoric. The UN asked the Congolese Parliament to speed up the process of discussion and adoption of the "Racism, Xenophobia and Tribalism Bill" in order to strengthen the legal framework to address and counter hate speech but in vain. However, the DRC still plays the victim.

 

In June 2022, the United Nations High Commissioner for Human Rights, Michelle Bachelet, and the United Nations Special Adviser on the Prevention of Genocide, Alice Nderitu expressed their deep concern over the escalation of hate speech and incitement to discrimination, hostility, and violence throughout DRC particularly against Kinyarwanda speakers.  

 

"Hate messages increase the risk of violence, including atrocity crimes targeting specific groups of people. The use of such hate speech must be strongly condemned by the highest national authorities and curbed," they added.

 

The UN calls fell on deaf ears.

 

It is a disappointment to see a government whose army violates its own people’s human rights claim to be concerned about their suffering and even dare to file a complaint against Rwanda’s army that has nothing to do with the atrocities happening in DRC.

 

The Congolese government failed to govern its territory and restore peace in its eastern region. It is shifting the blame to Rwanda as the aggressor who supports the M23 rebels – one in over 130 active armed groups in eastern DRC – and loots its natural resources. Rwanda has denied the allegations and reiterated that it won’t bear the burden of the DRC’s responsibilities.

 

Related: Who steals DRC’s minerals? Certainly not Rwanda

 

Related: DRC’s disingenuity to blame for prevailing conflict in east

 

The ICC should not be misled by Kinshasa, which wants to turn the spotlight away from its crimes.

 

The court should consider the International community’s statements highlighting and condemning the atrocities committed by the Congolese security forces.

 

ICC Prosecutor Karim Khan who is expected to visit Kinshasa and DRC's provinces affected by rebel groups from May 28 to May 31 should also be thinking of visiting Congolese refugee camps, lend an ear to Rwandophone refugees who fled the violence so that he can get the real picture of what is really happening in DRC.

 

The Congolese army and police should be the ones to be prosecuted for human rights violations and genocide-related crimes. On several occasions, senior government and military officials have come on record calling upon the population to take up arms and kill their Kinyarwanda-speaking neighbors. There is proof of a simmering genocide against Congolese Tutsi.

 

While the truth about the Congolese security forces’ crimes is gradually forcing its way out, Congolese President Felix Tshisekedi has limited options on his table.

 

After his world tour, during which his plot of asking for sanctions against Rwanda failed, now he is trying ICC. Tshisekedi is drowning in his own mess and he will grab on any lie to save his political life.

 

The ICC should be careful while assessing his case. 

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