CONGO : Serious human rights violations behind closed doors

in the Pool
Situation paper 26 April 2016
FIDH, OCDH and the #MyVoteMustCount Coalition member organisations are extremely
concerned about the major military and police operations currently ongoing in the Pool
region. The violence has already led to dozens of people killed and injured, the destruction
of many buildings including schools, medical centers and churches, and numerous arrests.
While the security forces prohibit almost all access to the Pool department, our
organisations are concerned about a crackdown behind closed doors against opponents to
the recent and contested re-election of President Denis Sassou Nguesso. Our organisations
urge the authorities to stop all operations of the security forces, to allow access to
populations and to conduct independent investigations into these events.

For over two weeks, the Congolese army and police have been conducting major operations in the
Pool region, officially against former members of the Ninja militia and its former leader, Frdric
Bintsmou aka Pastor Ntumi, former general delegate to the President in charge of the promotion of
peace and war-related reparations. Until April 14, defence and security forces also conducted
shelling with heavy weapons and bombardments, followed by ground offensives, including against
the villages of Vindza, Kibouend, Soumouna and Mayama. Even though the authorities assert
that there are no civilian casualties, the testimonies received by our organisations mention dozens
of people killed and injured. Many protected buildings such as schools, medical centers and
churches have been struck, or even targeted. Populations have deserted cities and sought refuge
in the bush where they survive in extreme precariousness and insecurity. Meanwhile, security
forces carry out waves of arrests of people suspected to be former Ninja fighters, Pastor Ntumi
rebel group. For instance in Brazzaville, Kinkala and Kindamba dozens of young people identified
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as former Ninjas were arrested after the events of April 4 in Brazzaville and during the ongoing
operations in the Pool Department, and are still being held in Brazzaville. Congolese authorities
also subject the Pool region to a complete blockade, preventing all non-tightly controlled access,
raising fears that serious violations of human rights and international humanitarian law are
perpetrated behind closed doors against the civilian population.
Congolese authorities must immediately stop all operations by security forces in the
Pool, and facilitate the return and access to affected populations. The ongoing blockade is
unacceptable. All light must be shed on recent weeks' events, declared Dismas Kitenge,
FIDH vice-president.
Congolese authorities seem to have engaged those military operations in the Pool in response to
the violence that occurred on April 4, the night before the validation by the Constitutional Court of
Denis Sassou-Nguesso first round victory at the presidential election with over 60% of votes. That
day, heavy and automatic weapon shots have been heard in the southern districts of Brazzaville. In
particular, a military barracks was attacked, two police stations and a municipality building were
burnt to the ground and hundreds of people fled to reach the north of Brazzaville. The violence that
occurred in Brazzaville between April 4 and 10 reportedly killed at least 17 people and injured
dozens, according to various sources.
The authorities have however provided no toll of these events, qualifying them as terrorist acts
perpetrated by members of the Ninja rebel militias under the supervision of Pastor Ntumi. While the
Congolese authorities justify their operations in the Pool as a fight against terrorism, Pastor Ntumi
denied any involvement in the April 4 events in Brazzaville in a statement published on April 5.
Dozens of people, presented as Ninjas combatants and suspected of being behind those attacks,
were arrested by the police in the days following the violence. Series of arrests of high profile
individuals, including executives of campaign directories of the candidates Jean-Marie Michel
Mokoko and Okombi Salissa accused of endangering the security of the state, also continue.
The confiscation of power and the inability of alternating heads of States adds to the the
population's frustrations and increases the temptation for the opposition to the regime to
radicalize. The manipulation of the fight against terrorism for the purpose of political
repression against entire groups of the population could degenerate into a real crisis or
even plunge the country into a civil war. To avoid chaos, the government must release all
opponents, open an inclusive political dialogue and commit to respecting public and
individual freedoms, declared Trsor Nzila, OCDH executive director.
After 32 years in power, Denis Sassou-Nguesso was sworn in on April 16, for a five year term,
following an election that took place during a nationwide telecommunication blackout suspended
for safety reasons according to the government. The election was widely marred by frauds and
irregularities, denounced by Congolese opposition and civil society, as well as part of the
international community, including Canada, the United States and the European Union.
Denis Sassou-Nguesso has forced its way through his re-election in defiance of constitutional
legality and African Union texts. Barred from running by the provisions of the previous Constitution,
the ruling regime organized on October 25, 2015, less than 5 months before the presidential
election, a referendum to adopt a new constitution. This new Constitution in force since November
6, 2015 allows the president to run for further terms. By advancing the elections by several months
and organizing the victory of the ruling president with a knock-out, according to the words
consecrated by several African leaders, the regime organized a real coup
The pre-election period was marked by numerous human rights violations and
fundamental freedoms abuses, including against opposition activists who have been
subject to several arrests and detentions. Denis Sassou-Nguesso's regime responded to
the mobilisation of the opposition and civil society against the constitutional amendment
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through repression. After the presidential election, intimidations continue and freedoms are
still confiscated in what appears to be a clear strategy to silence all dissenting voices said
our organizations.

Context:
President Denis Sassou Nguesso was sworn in on April 16, 2016 for a third term after a disputed
election. On September 22, 2015, he expressed his willingness to organise a referendum to decide
on a change of the constitution in force since 2002. This amendment intended to allow him to run
for a third consecutive presidential term. Opponents, who considered it an attempted constitutional
coup, massively mobilized and were severely repressed on October 20 and 21, 2015. At least 20
people were killed in Brazzaville, Pointe Noire and in other parts of the country according to the
figures ascertained by our organisations.
Denis Sassou Nguesso has been in power since 1979. In 1992, he lost the first pluralist elections
before returning to power by force of arms in 1997, following more than two years of civil war that
has led to the death of 4 000 to 10 000 people as well as thousands of displaced and refugees.
Over those years, Denis Sassou Nguesso Cobras militias have successively confronted Congolese
armed forces and the Zoulous and Cocoyes militias of the president Pascal Lissouba, then the
ninjas militias of the prime minister Bernard Kollas. The intervention of the Angolan armed forces
of Jos Eduardo Dos Santos allowed him to prevail militarily and to regain power. Fighting
resumed against the Ninja militias led by Pastor Ntumi in the Pool region that became inaccessible
and where the civilian population was victim of many abuses. In 1999 the governments security
services were accused of having massacred more than 300 refugees returning to the Congo on
Brazzaville Beach. The case is still pending before French courts. Since the 2002 election, Denis
Sassou Nguesso has been reelected in disputed elections.

Signatories:

FIDH
OCDH
My Vote Must Count Coalition
***

FIDH is an international human rights NGO federating 178 organizations from close to 120 countries.
Since 1922, FIDH has been defending all civil, political, economic, social and cultural rights as set out
in the Universal Declaration for Human Rights. FIDH's headquarters are in Paris and the organization
has offices in Abidjan, Bamako, Brussels, Conakry, Geneva, The Hague, New-York, Pretoria and Tunis.

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