Acts of violence against women and sexual violence : First war and the AFDL/APR regime

Mapping Report > Section II. Specific Acts of Violence > CHAPTER I. Acts of violence committed against women and sexual violence > C. September 1996 – July 1998: first war and the AFDL/APR regime

This period was marked by acts of sexual violence by AFDL/APR1023 troops during a war that ended in the seizure of power by the advancing ADFL/APR and the retreat of the FAZ. The first years of the AFDL regime were marked by numerous cases of rape as a result of abuses of power on the part of soldiers and the ensuing political repression.

With the arrival en masse of Burundian and Rwandan refugees in Kivu in 1993 and 1994, anti-Tutsi propaganda became widespread, particularly targeting the Banyamulenge living in South Kivu. When the authorities incited the population to chase out the Banyamulenge from Fizi territory in September 1996, a number of women and young girls were raped – sometimes by dozens of soldiers – and then killed along with their families during the violence instigated by the FAZ and “armed Bembe elements”.1024 In North Kivu, the armed forces are reported to have raped Tutsi women and permitted civilians to do the same.1025

The violations of international humanitarian law were so massive during the first war and cost the lives of so many victims, most of them women and children, that published reports covering this period have given little space to, or at least made little distinction between, crimes of sexual violence and other serious crimes committed at this time. This is a concrete example of a general trend towards the under-reporting of this kind of violence. For example, the Secretary-General’s Investigative Team charged with investigating serious violations of human rights and international humanitarian law in the DRC notes, without giving any details, that rapes were likely to have been committed by the AFDL/APR during attacks on the five large refugee camps in North Kivu in October and November 1996.1026 The Mapping Team was able to document alleged incidents of some women who were raped before being killed, e.g. in the course of the refugee massacres at Hombo, a village on the border between North and South Kivu, in December 1996;1027 at Kausa near Nyamitaba in North Kivu in December 1996;1028 at Humule, 50 kilometres from Goma, in April 1997;1029 and at Kilungutwe, Kalama and Kasika, in Mwenga territory of South Kivu, in August 1998. Women were reportedly also tortured and subjected to mutilation, particularly sexual, during these massacres.1030

Moreover, during their advance, the AFDL/APR soldiers also are alleged of having raped numerous Zairian women, particularly in North Kivu during October and November 1996, and in Oriental Province, in Équateur and in Bandundu in May 1997.1031

As they fled in the face of the advancing AFDL/APR soldiers, the FAZ allegedly also engaged in multiple rapes, sometimes also of men, and abducted women and young girls.1032 Numerous alleged rapes committed by the FAZ, often gang rapes, have thus been documented along the whole length of the route they took during their retreat: mid-November 1996 in Butembo and Béni (North Kivu);1033 November and December 1996 in Bunia, at Kisangani,1034 in Opala,1035 in the south-west of Orientale Province, on the border with Kasai Oriental and at Komanda, in Ituri district;1036 between December 1996 and the end of February 1997 at Buta and Bondo, in Bas-Uélé in Orientale Province;1037 from the end of February to early march 1997 in Kailo territory in Maniema;1038 and, finally, in May 1997 in Équateur1039 and Bandundu.1040 Innumerable women were abducted, used as sex slaves and forced by the FAZ to act as bearers of looted goods. At Bunia, the FAZ allegedly raped the girls of Likovi secondary school so savagely and so systematically that seven of them died. They also reportedly raped women in the maternity unit of the town’s hospital and raped and battered nuns in the town’s convent.1041

A number of rapes committed by Rwandan Hutu refugees fleeing from the advancing AFDL/APR were reported, particularly in Mbandaka region, Équateur, in May 1997.1042

The installation of the new AFDL/APR regime in Kinshasa was marked by numerous abuses of power, and tolerance regarding the use of sexual violence by AFDL/APR soldiers and security forces, who enjoyed total impunity.

Once the new authorities were in place, the AFDL/APR soldiers besieged the military camps that had been deserted by the ex-FAZ. Many wives and female children of ex-FAZ were still living in these camps and are said to have been raped and forced to carry out domestic chores for the soldiers of the new government army, particularly in Kinshasa and Bas-Congo.1043 Some of them were reportedly gang raped, including one woman, for example, accused of having been the mistress of one of the FAZ soldiers by 17 AFDL/APR soldiers.1044

Following an AFDL decree banning women from wearing trousers, leggings or mini-skirts, some who flouted this ban were publicly humiliated, stripped, manhandled and even severely beaten with nail-studded pieces of wood. One female student in Lubumbashi was allegedly undressed, whipped and threatened with death by AFDL/APR soldiers for having worn trousers.1045

Once established in the different provinces, the FAC/APR1046 soldiers reportedly engaged in sexual violence against women, young girls and even primary schoolgirls, as in North and South Kivu, for example.1047 Around the military camps, at roadblocks or during routine patrols, numerous women were reportedly subjected to gang rapes and torture by the FAC/APR soldiers, particularly in Kinshasa, Goma and Lubumbashi.1048 In one case, soldiers apparently poured burning wax on the genitals and body of a young woman they had gang raped at the Kokolo military camp in Kinshasa.1049

These situations were clearly the result of an abuse of power on the part of the new regime’s security forces, particularly when an arrest or arbitrary detention for minor reasons was followed by rape. Some women were reportedly taken back to hotels by members of the security forces to rape them there.1050 FAC/APR soldiers apparently abducted young girls from their families and raped them during operations in Mont-Ngafula commune of Kinshasa. Some women were also reportedly forced to work as domestic servants for FAC/APR officers.1051 In 1997, in South Kivu, accusations of witchcraft were reportedly made against at least four women and two girls aged six and seven. Arrested, they were allegedly severely tortured, mutilated, raped and stoned by FAC/APR soldiers. One of them did not survive.1052

Rape was also used to subdue civilian populations suspected of supporting the Mayi-Mayi. During brutal search-and-sweep operations in North Kivu in April 1998, the FAC/APR reportedly raped dozens of women and young girls and, on several occasions, forced men to sleep with their sisters and daughters.1053

Finally, the clampdown on any form of opposition led to the arrest of numerous women within, or perceived as being within, the immediate entourage of their opponents. Several of them were subsequently raped by the security forces. For example, in Kinshasa in December 1997, a group of soldiers allegedly spent the whole night beating and gang raping two sisters of a political dissident they had gone to arrest but had not found at home.1054 Rape of women and electric shocks to the genitals of men are reported used as a means of torture in different detention centres, particularly in Kinshasa.1055

1023 As noted in Section I, given the heavy presence of APR soldiers among the troops and AFDL command posts – a reality later recognised by the Rwandan authorities – and the great difficulty experienced by the witnesses questioned by the Mapping Team in distinguishing between the members of the AFDL and the APR on the ground, reference will be made to armed elements of the AFDL and the soldiers of the APR engaged in operations in Zaire between October 1996 and June 1997 using the abbreviation AFDL/APR. When, in some regions, several sources witness the heavy presence, under cover of the AFDL, of Ugandan soldiers of the UPDF (as in some districts of Orientale Province) or of the FAB (as in some territories of South Kivu), the abbreviations AFDL/APR/UPDF, AFDL/APR/FAB or AFDL/UPDF and AFDL/FAB may also be used.
1024 Interviews with the Mapping Team, South Kivu, June 2009: A young 17-year-old Munyamulenge who was raped by 15 soldiers while she was being held in a house with a group of Banyamulenge, died following this gang rape; HRW, Attacked by all sides, Civilians and the War in eastern Zaire, 1997; AI, Zaire: Lawlessness and Insecurity in North and South Kivu, 1996.
1025 Interviews with the Mapping Team, Goma, March 2009.
1026 Report of the Secretary-General’s Investigative Team charged with investigating serious violations of human rights and international humanitarian law in the DRC (S/1998/581), appendix.
1027 Interviews with the Mapping Team, Goma, March 2009; Confidential document given to the Secretary-General’s Investigative Team in the DRC in 1997/1998.
1028 Interviews with the Mapping Team, North Kivu, December 2008 and January 2009; Report of the Secretary-General’s Investigative Team (S/1998/581), annex, p. 48; Report on the situation of human rights in Zaire (E/CN.4/1997/6/Add.2), p. 7; Didier Kamundu Batundi, Mémoire des crimes impunis, la tragédie du Nord -Kivu, 2006, p. 96; APREDECI, GVP, CRE, L’Apocalypse au Nord-Kivu, 1997, p. 34; La Grande Vision, Rapport sur les violations des droits de l’homme dans la zone agropastorale de Masisi, 1997, p. 4.
1029 Statements gathered by the Secretary-General’s Investigative Team in the DRC in 1997/1998; Peacelink, Rapport sur la situation qui prévaut actuellement dans les provinces du Nord et du Sud-Kivu, 1997.
1030 Interviews with the Mapping Team, October-December 2008, February-March 2009; DRC’s Ministry of Human Rights, Livre Blanc: La guerre d’agression en RDC. Trois ans de massacres et de génocide à huis clos, October 2001; Jean Migabo Kalere, Génocide au Congo? Analyse des massacres des populations civiles, Broederlijk Delen, 2002; CADDHOM Massacres de Kasika au Sud-Kivu, 1998; AI, DRC: War against unarmed civilians, 1998.
1031 Interviews with the Mapping Team, Orientale Province, January and February 2009; Report of the Secretary-General’s Investigative Team (S/1998/581), appendix; LINELIT, Jungle ou état de droit, 1997.
1032 Report of the Secretary-General’s Investigative Team (S/1998/581), appendix.
1033 AI, Zaire. Rape, killings and other human rights violations by the security forces, 1997.
1034 Report of the Secretary-General’s Investigative Team (S/1998/581), appendix; AI, Zaire. Rape, killings and other human rights violations by the security forces, 1997.
1035 Interviews with the Mapping Team, Orientale Province, January and February 2009; Groupe Lotus, Violation des droits de l’homme à Opala, 1998
1036 Interviews with the Mapping Team, Orientale Province, January and February 2009; AI, Zaire. Rape, killings and other human rights violations by the security forces, 1997.
1037 Interviews with the Mapping Team, Orientale Province, 2008.
1038 Interviews with the Mapping Team, Maniema, March 2009; Haki Za Binadamu, Violence sexuelle au Maniema, 1997.
1039 Father Herman Van Dijck, Rapport sur les violations des droits de l’homme dans le Sud-Équateur,
15 mars-15 septembre 1997; AI, Deadly Alliances in the Congolese Forests, 1997.
1040 Interviews with the Mapping Team, Bandundu, February 2009; IRIN, 5 May 1997; Odon Bakumba, La bataille de Kenge, pamphlet produced in Kenge, no date.
1041 AI, Zaire. Rape, killings and other human rights violations by the security forces, 1997.
1042 Report of the Secretary-General’s Investigative Team (S/1998/581), annex.
1043 Interviews of the Mapping Team with the wives of ex-FAZ, Bas- Congo, March 2009; Colonel Kisukula Abeli Meitho, La désintégration de l’armée congolaise de Mobutu à Kabila, 2001.
1044 Interviews with the Mapping Team, Kinshasa, March 2009; Report of the Special Rapporteur on the situation of human rights in Zaire (now the DRC) [A/52/496], 1997.
1045 Report of the Special Rapporteur (A/52/496); ASADHO, Appel urgent. SOS au Congo-Zaïre: les espaces démocratiques menacés, 1997; ACPC, 30 jours de violation des droits de l’homme sous le pouvoir AFDL – Un véritable cauchemar, June 1997; AI, Deadly Alliances in the Congolese Forests, 1997; UDPS/Belgium, L’UDPS/Belgique accuse M. Kabila pour crimes contre l’humanité, November 1998; available at: www.congoline.com/Forum1/Forum02/Kashala03.htm
1046 From June 1997 onwards, the national army of the DRC took the name Forces armées congolaises (FAC). Until the start of the second war, in addition to AFDL and ex-FAZ soldiers, the FAC included numerous Rwandan and, to a lesser extent, Ugandan, soldiers. Given the difficulty in clearly distinguishing between Congolese and Rwandan soldiers at this time, the abbreviation FAC/APR has been used for the period covering June 1997 to August 1998.
1047 Comité Palermo Bukavu, Les morts de la libération, June 1997.
1048 Interviews with the Mapping Team, Kinshasa, March 2009; Report of the Special Rapporteur (A/52/496); AI, Deadly Alliances in the Congolese Forests, 1997.
1049 Interviews with the Mapping Team, Kinshasa, March 2009.
1050 Report of the Special Rapporteur (A/52/496); ACPC, 30 jours de violation des droits de l’homme sous le pouvoir AFDL – Un véritable cauchemar, June 1997.
1051 Report of the Special Rapporteur (E/CN.4/1999/31), February 1999.
1052 CADDHOM, “Répression: mode de gouvernance du régime L. D. Kabila, cas de la province du Sud-Kivu, est de la RDC”, 1997.
1053 Interviews with the Mapping Team, North Kivu, February 2009; ASADHO, Annual Report, 1998; Groupe des chercheurs libres du Graben, Report on the massacres perpetrated at the Kikyo military camp; AI, A year of dashed hopes, 1998.
1054 Interviews with the Mapping Team, Kinshasa, April 2009; Report of the Special Rapporteur (E/CN.4/1998/65 and Corr.1).
1055 Report of the Special Rapporteur (E/CN.4/1999/31); AI, A year of dashed hopes, 1998.