DRC: Arbitrary Arrest of Three Human Rights Defenders

New Information
RDC 002 / 9903 / OBS 014.01
Release /Arbitrary Arrests
Democratic Republic of Congo
9th April 1999

The Observatory for the Protection of Human Rights Defenders, a joint 
programme of the FIDH and OMCT requests you to intervene with 
utmost urgency in connection with the following situation in the 
Democratic Republic of Congo.

Brief reminder of the situation 

The Observatory for the Protection of Human Rights Defenders was 
informed by ASADHO, member of both FIDH and OMCT, of the 
arbitrary arrest of three human rights defenders Marie-Ange Lukiana, 
President of the National Women's Union of Congo UNAF), André 
Ipakal, editor of " la référence plus " and President of the Ipakal 
Foundation and Mr Mutinga, President of Media for All.

The three were arrested on Sunday 14th March at 1 00pm at Kinshasa 
airport having returned from a " Conference of the Situation in the RDC " 
organised in South Africa  by the Accord organisation. The conference 
declared its support for a peaceful and negotiated resolution to the 
problems of the RDC.

As they arrived their passports were confiscated and they were taken to 
the National Security Bureau (Conseil National de Sécurité (CNS)) where 
they were detained.

In addition the Observatory has been informed of the arbitrary arrest of 
Georges Thionza, coordinator of SERACOB ( A development and 
democratic support NGO with based in Bukavu and with offices in 
Kinshasa and Kigali) on Sunday the 7th March 1999 in Kinshasa airport 
as he was arriving from Bukavu via Nairobi.


New Information 

The Observatory has been informed of the release of Ms Lukiana on the 
20th March and Mr André Ipakal and Mr Mutinga, on the 29th  March.  
During their entire detention they were not informed of the charges 
against them.

They must present themselves before the Military Court every week.  In 
addition the Observatory was informed of the release of Mr Thionza.  

The Observatory welcomes these developments and would like to thank 
all those who took action on their behalf.

However, the Observatory has received information from the Voice of the 
Voiceless (Voix sans Voix) concerning the arrest of Mr Baudouin Hamuli 
Kabarhuza - Executive Secretary of the National Council of Non 
Governmental Developent Organisations and member of the Technical 
Secretariat of
Congolese Civil Society - on the 6th April, at the External Management of 
the National Information Agency in Kinshasa / Ngaliema.

Mr  Hamuli Kabarhuza was invited to the same meeting as those 
mentioned above by the Accord organisation. 

Following the meeting he then went to Cameroon and then Belgium. On 
his return to the airport on the 5th  of April 1999, Mr Hamuli Kabarhuza 
was held for an hour. The following day he was summoned to appear at 
the ANR/DE where he has been detained ever since. The interrogation 
that took place 7th April concerned his trip to South Africa..

He has been accused of having left the country without the 
authorisation of the authorities and to have had contact with  " 
Mobutoists in exile " members of the armed rebellion (la rébellion du 
Rassemblement des Congolais pour la Démocratie) and representatives 
of Rwanda, Burundi and Uganda.

According to the information received Mr. Hamuli Kabarhuza is alleged 
to be held in poor conditionsapparently he has been forced to sleep 
outside in the interior court and is outside in the sun during the day. He 
is apparently suffering from acute pains.

The Observatory considers the arrest of Mr. Hamuli Kabarhuza to be 
arbitrary and illustrates, once again, the policy of systematic harassment 
of human rights defenders in the Democratic Republic of Congo.

Action Requested 

Please write to the authorities urging that they 

i	guarantee the  physical and psychological integrity of Mr. Baudouin 
Hamuli Kabarhuza

ii 	ensure their immediate release in the absence of valid charges ;

iii.	ensure the implementation of the provisions of the Declaration on 
Human Rights Defenders adopted by the UN General Assembly on 
December 9 1998 (Declaration concerning the rights and responsibilities 
of individuals, groups and institutions to promote and protect 
universally recognised human rights and fundamental liberties ) in 
particular its Article 1 which provides that " Every person has the right, 
individually or collectively, to promote the protection and fulfilment of 
human rights and fundamental liberties at the national and international 
level. "

iv.	more generally guarantee the effective respect of fundamental rights 
and freedoms in accordance with the provisions of the Universal 
Declaration of Human Rights and the universal and regional Pacts and 
Covenants ratified by the Democratic Republic of Congo.

Addresses

Monsieur le Président Laurent-Désiré Kabila. Présidence de la 
République, Kinshasa-Ngaliema, République Démocratique du Congo. 
Fax (+ 243) 880 02 120

Monsieur Mwenze Kongolo, Ministre de la Justice, Ministère de la 
Justice, BP 3137, Kinshasa Gombé, République Démocratique du Congo.

Monsieur Gaetan Kakudji, Ministre de l'Intérieur, Ministère de l'Intérieur, 
Hôtel du Conseil exécutif, Kinshasa - Gombé, République Démocratique 
du Congo.

Diplomatic Representation of the Democratic Republic of Congo

Geneva - Paris, 9th April 1999

The Human Rights Action Network, a part of Derechos Human Rights, distributes appeals on behalf of victims of human rights violations. You are invited to join the network. Please check the date of the present action and do not write if it's over a month old.