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Democratic Republic of Congo: The state security forces, including their name, mandate and organization; whether members of these forces are involved in human rights violations (2006 - March 2007)

The name of the state security forces

According to Country Reports on Human Rights Practices for 2006, the main state security forces in the Democratic Republic of the Congo (DRC) are the Congolese National Police (Police nationale congolaise, PNC), including the Rapid Intervention Police (Police d'intervention rapide, PIR) and the Integrated Police Unit (Unité de police intégrée, UPI); the immigration service (under the Ministry of the Interior [ministère de l'Intérieur]); the National Intelligence Agency (Agence nationale de renseignements; ANR); the Military Intelligence Service (Service du Renseignement militaire, SRM) (under the authority of the Ministry of Defence [ministère de la Défense]); the Office of the Director-General of Migration (Direction générale de migration, DGM); the Republican Guard (Garde républicaine, GR); and the Armed Forces of the Democratic Republic of the Congo (Forces armées de la République démocratique du Congo, FARDC) (US 6 Mar. 2007, Sec. 1.d).

Pursuant to Article 182 of the constitution, the PNC, under the authority of the Ministry of the Interior, is [translation] "responsible for ensuring public safety and the safety of individuals and their property, maintaining and re-establishing public order, and protecting senior officials" (DRC Feb. 2006, 44; see also US 6 Mar. 2007, Sec. 1.d). However, in a report published 13 February 2006, the International Crisis Group (ICG) suggests that the Congolese police force, which has [ICG English version] "between 90 and 120,000" (12) officers, [ICG English version] "[has] never been able to provide basic law and order" (4-5).

The ANR is overseen by the office of the president (US 6 Mar. 2006, Sec. 1.d; ARG July 2004a, 5) and is responsible for internal and external security (ibid.; US 6 Mar. 2007, Sec. 1.d). However, the ICG report explains that some specialized security forces, such as the immigration police and ANR staff, are [ICG English version] "parallel structures that escape traditional command chains" (13 Feb. 2006, 12). The same is true of the GR, which is estimated to have 12,000 to 15,000 members (ICG 13 Feb. 2006, 3) and is under the direct control of the president (ibid.; US 6 Mar. 2007, Sec. 1.d). The GR is made up of Lubakats [Lubas from Katanga], members of President Kabila's ethnic group (ICG 13 Feb. 2006, 3).

The FARDC is under the authority of the Ministry of Defence (US 6 Mar. 2007, Sec. 1.d). Its mission is to [translation] "defend the integrity of the national territory and borders, [and], under the conditions set by law, to participate, in times of peace, in economic, social and cultural development, and in the protection of individuals and their property" (DRC Feb. 2006, 45; see also US 6 Mar. 2007, Sec. 1.d).

The DGM, which is overseen by the Ministry of the Interior (ARGO July 2004b, 4), is responsible for border control (US 6 Mar. 2007, Sec. 1.d.).

Involvement of security forces in human rights violations

A recent report of the United Nations Mission in the Democratic Republic of the Congo (Mission des Nations Unies en République démocratique du Congo, MONUC) indicates that PNC and ANR officers and FARDC soldiers have committed human rights violations (UN 20 Feb. 2007, intro., Sec. 6, Sec. 37). The UN report explains that, in the case of the PNC, these violations are committed particularly in the provinces of Kasai Oriental and Equateur (ibid., intro.). In the case of the ANR, the violations are primarily committed in Katanga and in North Kivu (ibid. Sec. 38-42). In the case of the FARDC, serious violations, including [translation] "violations of the right to life and physical integrity (rape and mistreatment of civilians) and of the right to liberty and the security of the person (arbitrary arrests, illegal detentions and kidnappings)" are primarily reported in North Kivu, South Kivu and Ituri (ibid., Sec. 6).

According to Country Reports 2006, "during the year members of the police, military, and other security forces attacked, detained, robbed, and extorted money from civilians" (US 6 Mar. 2006, Sec. 1.d). In addition, the Human Rights Watch World Report 2007 states that [HRW English version] "[Congolese] government soldiers killed, raped and tortured civilians in the provinces of Katanga, Ituri, and North and South Kivu" (HRW 11 Jan. 2007). The report adds that, during the 2006 election campaign, police officers used [HRW English version] "excessive force against members of the political opposition," particularly against members of the Union for Democracy and Social Progress (Union pour la démocratie et le progrès sociale, UDPS) during a peaceful demonstration on 10 March 2006 in Kinshasa (ibid.). Police officers beat demonstrators and briefly detained some 15 of them (ibid.).

In a 4 September 2006 press release, the World Organization Against Torture (Organisation mondiale contre la torture, OMCT) criticizes the 21 August 2006 arrest by GR members on the order of Baseleba Mateso, "Major T2," of 86 fishermen fishing in the river [Congo] (4 Sept. 2006; UK 14 Feb. 2007, Sec. 3.12). The press release explains that the victims, who were from Equateur province, were arrested because of their tribal origins (OMCT 4 Sept. 2006). In addition, during their arrest, the men were [translation] "brutalized," [translation] "confined in cells with no light, no windows, and no air holes ..., [and were] whipped and threatened" with death during their detention (ibid.; see also UK 14 Feb. 2007, Sec. 3.12). A British report, describing the atmosphere in the DRC three days after the August 2006 publication of the results of the organized elections held a month earlier [30 July 2006], indicates that the violence that erupted in Kinshasa killed 23 people and injured about 40 (UK 14 Feb. 2007, Sec. 3.12). The report adds that "[n]ew cases of human rights violations perpetrated by FARDC, GR, and ANR officers [and] mass rape committed by the PNC agents in Equateur highlight the climate of impunity in which security forces continued to operate" (ibid.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Democratic Republic of the Congo (DRC). February 2006. Constitution de la République démocratique du Congo. [Accessed 13 Mar. 2007]

Human Rights Watch (HRW). 11 January 2007. "République Démocratique du Congo." Rapport mondial 2007. [Accessed 13 Mar. 2007]

International Crisis Group (ICG). 13 February 2006. La réforme du secteur de la sécurité en RDC. (ICG Africa Report No. 104) [Accessed 13 Mar. 2007]

Organisation mondiale contre la torture (OMCT). 4 September 2006. "Congo (RDC) : arrestations arbitraires, torture et menaces de mort contre 86 pêcheurs." [Accessed 30 Oct. 2006]

Projet ARGO. July 2004a. République démocratique du Congo. Émigration – Immigration. Report from a joint mission to Kinshasa by the [Belgian] Commissariat général aux réfugiés et apatrides (CGRA), the Office français de protection des réfugiés et apatrides (OFPRA) and the [Swiss] Office fédéral des réfugiés (ODR) in May 2004.
_____. July 2004b. République démocratique du Congo. Agence Nationale de Renseignements. Report from a joint mission to Kinshasa by the [Belgian] Commissariat général aux réfugiés et apatrides (CGRA), the Office français de protection des réfugiés et apatrides (OFPRA) and the [Swiss] Office fédéral des réfugiés (ODR) in May 2004.

United Kingdom (UK). 14 February 2007. Home Office, Immigration and Nationality Directorate (IND), Country of Origin Information Service. "Democratic Republic of the Congo." [Accessed 12 June 2007]

United Nations (UN). 20 February 2007. United Nations Mission in the Democratic Republic of the Congo (MONUC). "Droit de l'homme – Rapport mensuel – Janvier 2007." (Allfrica/Factiva).

United States (US). 6 March 2007. Department of State. "Democratic Republic of Congo." Country Reports on Human Rights Practices for 2006. [Accessed 6 Mar. 2007]

Additional Sources Consulted

Internet sites, including: AllAfrica.com, Amnesty International (AI), BBC News, CIA World Factbook, European Country of Origin Information Network (ecoi.net), Factiva, Fédération internationale des ligues des droits de l'homme (FIDH), Freedom House, Human Rights Watch (HRW), International Crisis Group (ICG), Office of the United Nations High Commissioner for Refugees (UNHCR), Relief Web, United Kingdom – Immigration and Nationality Directorate (IND), United Nations Security Council.

Topics: Security forces,