Democratic Republic of the Congo - Peacewatch - withdrawal of UN investigative team

UN Chronicle, Summer, 1998 by Beatrice Grabish

On 17 April, Secretary-General Kofi Annan decided "reluctantly and after full consideration of all alternatives" to withdraw the investigative team he had sent to the Democratic Republic of the Congo to look into allegations of serious violations of human rights and international humanitarian law in certain parts of that country, in the light of the total absence of cooperation of the Government in allowing the investigative team to carry out its work, and following a careful assessment made by a mission sent for that purpose.

The team was established to bridge the impasse caused by the refusal of the Kinshasa Government to allow a Joint Investigative Mission of the Commission on Human Rights to look into the allegations. Although the team was sent in August 1997 to secure the Government's cooperation, it has since "constantly met a series of obstacles by the authorities, despite repeated assurances by the Government that the team would be allowed to carry out its work". Attempts by forensic experts to excavate suspected sites of mass graves were blocked, and the authorities harassed and intimidated witnesses who provided testimony to the investigators, according to the Secretary-General's Spokesman.

The Commision on Human Rights, under its mandate, will continue to monitor the question of allegations regarding serious violations of human rights and international humanitarian law in the Democratic Republic of the Congo.

The United Nations High Commissioner for Human Rights, Mary Robinson, referred to the development in "the overall context of the international community's commitment to fight impunity, which is one of the major factors in the recurrent violence in the Great lakes region and elsewhere". She called the team's withdrawal "a grave setback in this battle against impunity", and stressed that the people of the Congo-Kinshasa were entitled to a future free from the violence and abuse of past decades.

The Security Council President, Hisashi Owada of Japan, told the Press that Council members were deeply disappointed with the failure of the Congolese Government to comply with its commitment to cooperate fully with the team. "Support was expressed by Council members for the Secretary-General's decision to withdraw, based on concern for the integrity of the investigation and the safety of team members", he said.

Ambassador Andre Mwamba Kapanga of the Democratic Republic of the Congo, responding to the Secretary-General's actions, told reporters on 17 April that his Government deplored the decision because it had never asked the United Nations to withdraw the investigative team. His country had been trying to provide good conditions for the team to carry out its work. On the other hand, his Government "cannot accept a team that will come from Geneva". He stressed that it was time to focus on rebuilding the country.

Mr. Kapanga said that in the search to improve relations with the United Nations, his country had invited the Secretary-General to participate, with 10 Heads of State, in a regional conference on peace, stability and economic development in the countries of the Great Lakes region.

On 21 April, the Human Rights Commission adopted a resolution in which it expressed serious concern at the circumstances which had obliged the Secretary General to withdraw the investigative team from the Democratic Republic of the Congo. It asked the Government to cooperate fully with the Secretary-General, the United Nations High Commissioner for Human Rights and the Commission in addressing the allegations in question.