UNION
POUR LA DÉMOCRATIE
ET LE PROGRÈS SOCIAL

Here is the report I handed out at the Great Lakes Policy Forum featuring Kikaya bin Karubi. Most of those attending received a copy.

I had an interesting exchange with Kikaya. Briefly he had to resort to outright prevarication to defend his government's choice of dictatorship over dialogue.

Kikaya went as far as to assert that Dr. Tshisekedi "is now the head of RCD" ! Fortunately, even the members of the US policy-making community present there (who are generally poorly informed about Congo) could discern that this was a bald-faced lie and the room erupted in exclamations of "That's not true!!"

Tshimanga John Metzel
Associate for US Constituency and Manager
C O N G O E D U C A T I O N A L C O U N C I L

HUMAN RIGHTS ABUSES COMMITTED AGAINST
THE UNION FOR DEMOCRACY AND SOCIAL PROGRESS (UDPS)
AND THE NON-VIOLENT MOVEMENT TO END DICTATORSHIP IN CONGO (DRC)
BY THE DICTATORIAL REGIMES OF JOSEPH AND LAURENT KABILA

As the emissaries of the latest rendition of strong-man rule in Congo arrive in Washington to curry favor and seek renewed aid, the Congo Educational Council urges the policy-making community to examine the record of repression and persecution racked up by the current regime during its short tenure in power. This document examines, as well, the abuses of the previous regime which, as is typical of dynastic succession, supplied the security structure and most of the functionaries for the current regime.

The United States of America should refrain from adding support of dynastic succession in Congo to its lamentable history of supporting strong-man rule in the heart of Africa. From the regime of Leopold II which induced a holocaust in Congo dwarfing those of the twentieth century, to the hundreds of thousands killed during the dictatorship of cold-war ally Mobutu, the United States has an unblemished record of support for military dictatorship in Congo. Undaunted by the estimates of three million human lives lost due to the current war, the policy-making community in Washington appears poised once again to endorse a military strong man and proven human rights abuser freshly minted by our French and Belgian proxies -- Joseph Kabila (known as the Butcher of Mbandaka for his implementation alongside Rwandan General Kabarehe of the massacre of some 200,000 Rwandan Hutus during the 1997 campaign).

Grave violations of human rights continue to be routinely carried out by the dictatorial regime of Joseph Kabila against the non-violent movement to end dictatorship in Congo, and the persistent leader of this movement -- the non-violent Union for Democracy and Social Progress (UDPS), which is the largest political party in the "Democratic Republic of Congo" (Congo).

Persecution of the UDPS Political Party by the Kabila Regime: The juridical gains of the movement for multiparty democracy are swept away

1. Laurent Kabila seized power on May 17, 1997, restored to Zaire its former name -- the Democratic Republic of the Congo -- and arrogated to himself all executive, judicial, and legislative authority. Rule by decree was established. Less than ten days later, at 7 p.m. on May 26, 1997, a formal decree was issued on national radio making participation in party activities of any political party (other than Kabila's own) a crime. "Those who contravene these measures," the edict read, "will be considered enemies of the liberation of the Congolese and will be prosecuted to the fullest extent of the law." (See attached: "Kabila's Government Bans Demonstrations," Reuters, May 26, 1997, James C. McKinley, Jr., "Kabila Bans Party Activity in Kinshasa, but Opposition Plans Rally", The New York Times, May 27, 1997)

2. Dr. Etienne Tshisekedi and the UDPS determined, nevertheless, to protect and exercise the rights to free expression and association in the Congo by continuing and expanding the work of the party. These activities have faced continuing repression at the hands of Kabila's military and government.

3. Demonstrations in support of Dr. Etienne Tshisekedi and the UDPS were brutally repressed by ADFL soldiers on May 24, 1997 at Mbuji Mayi in East Kasai Region. At least one person was killed. In Kinshasa ADFL soldiers attacked women for wearing miniskirts contrary to an official ban on clothing "deemed immodest" and arrested at least 70 UDPS supporters in demonstrations on the same day. (James C. McKinley, Jr., "In Congo's Restive Capital, New Government Sows Resentment," The New York Times, May 26, 1997, Reuters, May 27, 1997, Message from Kalonji Kabongo, May 25, 1997, Message from Mabika Ilunga, June 15, 1997)

4. UDPS leader Kapeta-Kazadi was arbitrarily arrested on May 27, 1997 and incarcerated by Kabila's domestic intelligence bureau (Agence National des Renseignments (ANR)) in Lubumbashi, Katanga. ("Periodique des Droits de l'Homme", L'Association Zairoise de Defense des Droits de l'Homme (Representation du Katanga), April-July 1997, p.4)

5. On May 28, 1997 a prominent Luba Kasai businessman and known supporter of UDPS, Mr. Vincent Tshikaya, age 49, was summarily executed in his own home, at 1906 Avenue Biayi, by eight ADFL soldiers in Lubumbashi, Katanga. On the same day Kabila's soldiers beat UDPS members with rifle butts and batons in order to break up a peaceful pro-democracy demonstration in Kinshasa. ("Periodique des Droits de l'Homme ", L'Association Zairoise de Defense des Droits de l'Homme (Representation du Katanga), April-July 1997, p.4, "Kabila Soldiers Break Up Banned March," Reuters, May 28, 1997)

6. On May 31, 1997 three truckloads of ADFL soldiers were sent to the home of UDPS leader Dr. Etienne Tshisekedi but were prevented from arresting him by a large crowd of supporters. (Dr. Francois Tshipamba Mpuila, "Lettre de l'UDPS aux Ministeres des Affaires Etrangeres et de la Cooperation a Propos de la Cooperation Structurelle avec l'AFDL", UDPS Representative for Belgium/Luxembourg (BELUX))

7. ADFL soldiers returned to Dr. Tshisekedi's home in greater numbers on June 3, 1997 but were again repelled by UDPS supporters. (Mpuila, "Lettre de l'UDPS aux Ministeres des Affaires Etrangeres et de la Cooperation a Propos de la Cooperation Structurelle avec l'AFDL", UDPS Representative for Belgium/Luxembourg (BELUX))

8. Mr. Tabu Kalala Mwin Dilemb, Vice-President of UDPS in Katanga region was arbitrarily arrested on June 5, 1997 and ordered to cease all activities on behalf of the party in Katanga Region. ("Periodique des Droits de l'Homme", L'Association Zairoise de Defense des Droits de l'Homme (Representation du Katanga), April-July 1997, p.4)

9. The home of UDPS president for Lingwala zone of Kinshasa, Mr. Malamba Kassanda, was pillaged at 172 Kikwit Street by a dozen ADFL soldiers on June 10, 1997. (Mpuila, "Lettre de l'UDPS aux Ministeres des Affaires Etrangeres et de la Cooperation a Propos de la Cooperation Structurelle avec l'AFDL", UDPS Representative for Belgium/Luxembourg (BELUX))

10. Mr. Kipe N'Kuasa, President of UDPS in Sakania, Katanga was arbitrarily arrested on June 18, 1997. ("Periodique des Droits de l'Homme", L'Association Zairoise de Defense des Droits de l'Homme (Representation du Katanga), April-July 1997, p.4)

11. On June 19, 1997 Mr. Kabeya N'Kuasa a UDPS member was arbitrarily arrested by ADFL Colonel Mufinda in Sakania and ordered to cease all activities on behalf of the party. ("Periodique des Droits de l'Homme", L'Association Zairoise de Defense des Droits de l'Homme (Representation du Katanga), April-July 1997, p.4)

12. On June 26, 1997 one hundred of Kabila's heavily armed troops surrounded Dr. Etienne Tshisekedi's home in Limete, Kinshasa. After refusing to present a search warrant the soldiers broke into the home and seized Dr. Tshisekedi, his wife Marthe, and several children and houseguests. The hostages were thrown violently into a military vehicle. Dr. Tshisekedi was commanded to cease all political activity. Five of the other arrestees were tortured. (John Pomfret, "Troops Seize Congolese Leader's Rival," Washington Post Foreign Service, June 27, 1997, Mpuila, "Lettre de l'UDPS aux Ministeres des Affaires Etrangeres et de la Cooperation a Propos de la Cooperation Structurelle avec l'AFDL", UDPS Representative for Belgium/Luxembourg (BELUX))

13. Thirty members of the UDPS and political groups allied to it were arrested and held without trial at N'Dolo Prison after staging a sit-in protest on June 27, 1997 in Kinshasa. (Pascal Martin, "Un Septantaine d'Opposants du Kabila Croupissent en Prison," Le Soir, July 3, 1997)

14. On June 30, 1997 eighteen UDPS supporters were arrested for expressing their views in opposition to Kabila in a demonstration near N'Gaba in Kinshasa. They were incarcerated at Kokolo military camp, severely beaten and tortured. Two of the demonstrators were reported to be beyond medical help. "They are losing all of their blood and there is nothing we can do for them," said Honore Kabeya a UDPS leader close to Dr. Etienne Tshisekedi. (Martin, "Un Septantaine d'Opposants du Kabila Croupissent en Prison," Le Soir, July 3, 1997)

15. On the same day, June 30, 1997, twelve other UDPS supporters were arrested at the Rond-Pont de la Victoire at Matonge in Kinshasa. They were then stripped, severely beaten, and held incommunicado without food or water in cramped cells at the Ministry of the Interior. The UDPS was refused permission to bring food to the prisoners and a spokesperson expressed grave concerns about their state of health, describing their bodies as being covered with wounds inflicted by Kabila's soldiers. (Martin, "Un Septantaine d'Opposants du Kabila Croupissent en Prison," Le Soir, July 3, 1997)

16. Also on June 30, 1997 Richard Mpiana Kalenga, a student at the University of Kinshasa arrested while attending the inaugural address of Laurent Kabila at the Kinshasa stadium for protesting against the arrest of Dr. Tshisekedi on June 26, 1997. He was tortured for two days. (Mpuila, "Lettre de l'UDPS aux Ministeres des Affaires Etrangeres et de la Cooperation a Propos de la Cooperation Structurelle avec l'AFDL", UDPS Representative for Belgium/Luxembourg (BELUX))

17. Two leaders of the MNC-Lumumba (Ismail Tutw'emoto and Dunia Luminangulu), another banned political party, were arbitrarily arrested and incarcerated by the ANR on July 1, 1997 for criticizing Laurent Kabila. ("Tu critiques Kabila, tu disparais a Kinshasa," Le Soir, July 15, 1997)

18. On July 25, 1997 ADFL soldiers fired on a peaceful march sponsored by UDPS and an allied political party (PALU) in Kinshasa. Four people were killed and three were gravely wounded. The following day Laurent Kabila blamed the deaths on the demonstrators who had, in his view, broken his ban on political party activity. (Mpuila, "Lettre de l'UDPS aux Ministeres des Affaires Etrangeres et de la Cooperation a Propos de la Cooperation Structurelle avec l'AFDL", UDPS Representative for Belgium/Luxembourg (BELUX))

19. Nineteen Youth of UDPS members were arbitrarily arrested on August 15, 1997 during a peaceful demonstration in support of Dr. Etienne Tshisekedi at his home in Limete, Kinshasa. Of those arrested 15 were held in a jail at Kalina in Gombe area of Kinshasa. Another 4 were held by SARM (Service d'Action et de Renseignement Militaire), a government intelligence agency notorious for torturing people during the Mobutu era. Reports have emerged that the detainees were repeatedly beaten, and were denied food and visiting rights by family members. (Dr. F. Mpuila, "Lettre de l'UDPS aux Ministeres des Affaires Etrangeres et de la Cooperation a Propos de la Cooperation Structurelle avec l'AFDL", UDPS Representative for Belgium/Luxembourg (BELUX))

20. On October 24, 1997 Mathieu Kalele ka Bila, a Professor of Social and Political Science at the University of Kinshasa and Secretary for Organization and Implantation of the UDPS, was abducted with his wife from his home on the campus of the University of Kinshasa by a large number of heavily armed ADFL troops accompanied by then Interior Minister Kongolo. Students at the University of Kinshasa mounted a general strike on October 29 to protest the arbitrary arrest of Professor Kalele and his wife as well as the subsequent rape of his daughters by ADFL soldiers. The Congo based human rights group, AZADHO, has denounced the arbitrary arrest of Professor Kalele and Ms. Kalele by the Special Division for Investigation and Intelligence (DSIR). Jean-Francois Kabanda, Executive Secretary of JUDPS for Communication and Press, was arrested on the same day at Matete and was held with Professor Kalele in subhuman conditions, including prolonged beatings and torture from October 24, 1997 until June 16, 1999. Professor Kalele, Ms. Kalele and Mr. Kabanda are all, like Reverend Auguy Ilunga Kabamb's wife, members the Luba Kasai ethnic group. ("Un Proche de M. Tshisekedi Juge pour 'Atteinte a la Surete de l'Etat'", Agence France Presse, January 9, 1998, 19:22 GMT, M. Kazadi, "Affaire Kalele: de la Menace, les Etudiants Passent aux Actions de Rue - Campus Mort: Succes Fou" and "UDPS: Jean-Francois Kabanda Arrete", Le Phare, October 30, 1997, p.1-2, M. Sakaz, "Les Etudiants de l'Unikin Exigent la Liberation Immediate du Pr. Kalele", Le Phare, October 28, 1997, p.1-2, "Nouvelle Rafle hier des Combattants de l'UDPS", La Reference (Website))

21. Pastor Theodore Ngoy was arrested on December 6, 1997 "after he advised his Protestant followers not to revere Kabila and said the former Zaire had collapsed because the population had deified the late dictator Mobutu Sese Seko." He was accused of "subversive preaching verging on insulting the head of state and on threatening state security." He was held for four days at the intelligence agency headquarters, in a cramped cell where reportedly contracted malaria. Pastor Ngoy was arrested again on December 12, 1997 and held until mid-January 1998 when he was transferred to Kinshasa's main prison, Makala. ("Democratic Congo Preacher to Face Military Justice", Reuters, January 24, 1998)

22. On Saturday January 17, 1998 ADFL military police surrounded the home of Dr. Etienne Tshisekedi, preventing a peaceful public meeting from taking place. At least thirty UDPS members were arbitrarily arrested including Dr. Tshisekedi's personal secretary Ms. Vovo Bossongo and Mr. Honore Kabeya, a member of the Luba Kasai ethnic group. They were reportedly tortured including electroshock to genital areas. ("DRC: A Year of Dashed Hopes", Amnesty International AFR 62/18/98, May 15, 1998; Le Soir, January 17, 1998)

23. Joseph Olenghankoy, a leader from East Kasai and President of Innovative Forces for Union and Solidarity (FONUS), a party closely allied to UDPS, was arrested on January 20, 1998. ("Third DR Congo detention escapee arrested", Agence France Presse, April 17, 1998)

24. A military tribunal under orders from Laurent Kabila sentenced senior UDPS officials, Mathieu Kalele and Jean-Francois Kabanda, to two years in prison on charges of "spreading seditious rumours" on January 23, 1998. (Reuters, January 23, 1998)

25. On February 4, 1998 Mr. Chubaka, a UDPS member and former official in South Kivu-Region, was released from detention after being arbitrarily arrested since late January with a group of local community leaders accused of supporting rebellion. Some or all of the group were tortured. ("DRC: A Year of Dashed Hopes", Amnesty International, AFR 62/18/98, May 15, 1998)

26. At 10 pm on February 12, 1998 more than 100 heavily armed troops surrounded Dr. Tshisekedi's home in Kinshasa and began arresting supporters. The soldiers then forced their way into the home, brutally beat Dr. Tshisekedi and others gathered inside, and hauled them away by force to a military prison in Ngaliema section of Kinshasa. The following day, after interrogation at the Interior Ministry, Dr. Tshisekedi was forced to travel by air to Kananga, West Kasai region and then over land under heavy guard to his home area, Kabeya Kamuanga in East Kasai Region. In Kabeya Kamuanga Dr. Tshisekedi was subjected to around the clock surveillance until July 1, 1998. ("Human Rights Watch Calls for the Immediate Release of Etienne Tshisekedi, Veteran Opposition Leader in the DRC", Human Rights Watch, February 13, 1998; "Congo opposition leader arrested", Reuters, Feb. 12, 1998)

27. On February 13, 1998 Secretary of State Madeleine Albright telephoned President Laurent Kabila to express deep concern over the arrest of Dr. Tshisekedi and to urge that political harassment be ended. At least twelve UDPS members were arrested in the week following Dr. Tshisekedi's arrest including Kaninda Denis, A. Tshimanga, Bozi Leonard, Katambay Alexandre, Kafuni Pierre, Kangu Willy, D. Mukanya, Desire, and Tshimbumba Francois. Of those arrested nearly all were of the Luba Kasai ethnic group. ("U.S. Voices Concern Over Tshisekedi's Detention", Reuters, February 13, 1998; "UN Envoy Raps Kabila's Congo Over Right Abuses", Reuters, Feb. 18, 1998; "Communication de Presse", L'Association de Defense des Droits de l'Homme (AZADHO), February 13, 1998)

28. The editor-in-chief of Le Potentiel journal, Modeste Mutinga, was arbitrarily arrested on February 25, 1998 after publishing an article showing the displeasure of people from Kasai at the arrest of Dr. Etienne Tshisekedi. Earlier in February, Albert Bonsange Yema, editor-in-chief of Le Palmares journal, had been arrested in early February 1998 after his newspaper published an article criticizing the arrest of Joseph Olenghankoy ("DRC: A Year of Dashed Hopes", Amnesty International, AFR 62/18/98, May 15, 1998)

29. UDPS supporters were among more than 300 innocent civilians massacred at Butembo, Kivu Region on February 20, 1998 by troops under the command of Laurent Kabila. Butembo and several outlying villages were burned down. (William Wallis, "Troops Kill Over 300 in Kabila's Congo, Human Rights Group Says", Reuters, March 6, 1998)

30. Police seized 1,608 copies and the printing plates of the Annual Human Rights report of AZADHO, the Congo's leading human rights organization, on March 13, 1998. The report condemned the suspension of political parties and the repression of political demonstrations and meetings. (Maureen Healy, Great Lakes-Central Africa, 3/16/1998)

31. An editor of Le Palmares journal, Michel Ladi Luya, was arrested on April 11, 1998 and detained for two days for publishing a statement issued by Dr. Tshisekedi which expressed his determination to continue the struggle for democracy. ("DRC: A Year of Dashed Hopes", Amnesty International, AFR 62/18/98, May 15, 1998)

32. On April 17, 1998 opposition leader Joseph Olenghankoy, who had escaped from a high-security prison, was recaptured after 6,000 troops were deployed in the region bordering on Zambia to hunt him down along with two other escapees, Ngoma and Masasu. ("Third DR Congo detention escapee arrested", Agence France Presse, April 17, 1998)

33. Attacks on the party headquarters of UDPS and FONUS political parties were condemned in a report issued by ASADHO on May 15, 1998. It concluded that "The recent statements by the head of state...and the attacks against the headquarters of the UDPS and the FONUS show that the measures taken against the political parties are not only directed toward their activities but towards their existence as such." Albert Bonsange Yema, editor-in-chief of Le Palmares journal, was tried in early May for publishing an article criticizing the Kabila government for the arrest of Joseph Olenghankoy in February according to Amnesty International (AI). AI was concerned for his health after receiving reports that he had been beaten with truncheons at the arrest and that he was being denied medical attention and appropriate care for diabetes. ("DRC: A Year of Dashed Hopes", Amnesty International, AFR 62/18/98, May 15, 1998; Association for the Defense of Human Rights in Congo/Kinshasa (ASADHO, formerly AZADHO), May 15, 1998)

34. The prosecution in the trial of UDPS ally Joseph Olenghankoy before a military tribunal demanded the death penalty on May 19, 1998. Olenghankoy was sentenced to 15 years in prison on May 20, 1998 on charges of "endangering state security". Information Minister Raphael Ghenda described the sentence as lenient. ("Democratic Congo Army Court Sentences 20 to Death", Reuters, May 19, 1998; United Nations Integrated Regional Information Network Update No. 420 for Central and Eastern Africa, May 20, 1998)

35. Dr. Tshisekedi was forced to travel during the month of June 1998 under heavy military escort from Kabeya Kamuanga in East Kasai region, where he was being held under house arrest, to Katanga region where he was forced to meet in person with Laurent Kabila at a military base.

36. Following his release on July 1, 1998, twelve advisors to Dr. Etienne Tshisekedi and high ranking members of the UDPS were arbitrarily arrested at Dr. Tshisekedi's private residence while participating in a meeting on July 9, 1998. They were held for more than six days without due process at a police station where they were interrogated and subjected to coercion. Two of the detainees were severely beaten when they refused to sign an agreement to end all political activity. Dr. Tshisekedi's personal advisor, Marcel Mbayo, remained in prison after the other eleven were released. (William Wallis, "Kabila's Congo Continues Crackdown on Opposition", Reuters, July 14, 1998; Wallis, "Tshisekedi Allies Held in Democratic Congo", Reuters, July 9, 1998; Wallis, "Tshisekedi to Ignore Congo Politics Ban", Reuters, July 2, 1998)

37. On July 13, 1998 dozens of soldiers under the command of Laurent Kabila entered the home of Dr. Etienne Tshisekedi in Limete area of Kinshasa and arbitrarily arrested at least 40 supporters, party members and personal security guards. (William Wallis, "Kabila's Congo Continues Crackdown on Opposition", Reuters, July 14, 1998)

38. The UDPS was denied access to the negotiations on Congo held in Durban, South Africa, on September 2 and 3, 1998. UDPS representative for South Africa, Mutombo Kabundji, was detained by the South African police and threatened with death by delegates from the Kabila government attending the negotiations. Mr. Kabundji was attempting to deliver a message from Dr. Etienne Tshisekedi offering the good offices of the UDPS to mediate the conflict between the two armed camps.

39. The residence of UDPS leader continues to be heavily patrolled by the soldiers, police and secret service agents of the Kabila regime. On October 7, 1998 at 8:00 PM a UDPS member and night watchman at the residence of Dr. Etienne Tshisekedi was taken hostage by one of these patrols as he left the Tshisekedi compound. His whereabouts remain unknown. ("Des Mouvements Insolites et Suspects Autour de la Residence d'Etienne Tshisekedi", Umoja, October 10, 1998.)

40. The Kabila regime confiscated the passport of Dr. Etienne Tshisekedi and stepped up the military patrols around his home to prevent him from leaving the country on October 25, 1998. Dr. Tshisekedi was to have delivered an address to the European Parliament in Strasbourg on October 26 concerning his initiative to bring a peaceful resolution to the current conflict. On the morning of October 26, shortly after 5:00 AM, a heavily armed contingent of Kabila's soldiers forced their way into Dr. Tshisekedi's home. They were reportedly charged with assuring Kabila that Dr. Tshisekedi had not, in fact, left the country.

41. On Friday, January 1, 1999 at 11 a.m. Dr. Adrien Phongo, the UDPS Secretary General, was arrested and held until January 4, 1999, after answering a summons to a Kabila government security office. Dr. Phongo was never notified of the grounds for the arrest but it followed the circulation of Dr. Phongo's new year message which highlighted the peace plan developed by the UDPS leadership as developed by Dr. Etienne Tshisekedi. (Press Release, The Midwest Federation of the Union for Democracy and Social Progress, Federal President Dr. Ngoyi K. Zacharie Bukonda, January 1, 1999 and January 5, 1999.)

42. Dr. Adrien Phongo was arrested again at the National Intelligence Agency on January 16, 1999 together with Maitre Jean-Joseph Mukendi, a UDPS official and Legal Advisor to Etienne Tshisekedi. Both were denied access to legal counsel. Mr. Boboliko Lokonga and Cleophas Kamitatu of the Social Democratic Party (PDSC) as well as Bofassa Djema of MPR and Kisimba Ngoy of the National Federalist Party were arrested on the same day. The arrests were reportedly made to enforce Kabila's ban on political activity.

43. Mr. Joseph Kapika, Press Secretary for the UDPS, was arrested and imprisoned in Kinshasa on January 30, 1999 by soldiers of the Kabila regime for denouncing the Decree-Law Number 104 signed by Kabila on January 29, a measure which disqualified established parties such UDPS as from participating in national politics. Mr. Kapika, who was under regular medical treatment for deteriorating health at the time of his arrest, has been denied visits with his family and his doctors.

44. Mr. Mukendi Mpaya, a member of the UDPS National Committee, was arrested and imprisoned without access to family or medical help on February 10, 1999 for protesting Kabila's Decree-Law Number 104.

45. On February 11 another member of the UDPS National Committee, Mr. Sylvain Kamanyi was arrested and imprisoned without access to family or medical help for protesting Kabila's Decree-Law Number 104.

46. Concern for Etienne Tshisekedi's life was expressed after Kabila's finance minister accused the UDPS leader of being "an enemy of the people" during a visit to Washington and threatened to take severe measures against him for purported collaboration with the rebels, according to a press release issued by the US representative of the UDPS on March 17, 1999. The statement reaffirmed the committment of the UDPS to the philosophy and practice of non-violence.

47. On April 15, 1999 a military tribunal supported by the Kabila government summarily executed 11 people in Etienne Tshisekedi's home area (Mbuji Mayi, East Kasai Region) on suspicion of collaboration with the rebellion led by the Rally for Democracy in Congo (RDC). It is not yet known how many of those killed were members of UDPS but the incident was viewed by UDPS leaders in the diaspora as a sinister warning to the party to refrain from giving any quarter, real or political, to the enemies of the Kabila regime.

48. Mass arrests and intimidation of UDPS party members were reported during the second week of May 1999 in the locality of Kinshasa-Kimbanseke. After three weeks they continued to be held without due process of law. (UDPS website, June 21, 1999)

49. A meeting of UDPS party activists was broken up and its participants brutalized by Kabila government police at Mbandaka, Equator Region, during the weekend of June 19-20, 1999. Mr. Bamba was arbitrarily arrested and continues to be held without trial. The UDPS Assistant Secretary Genera, Mr. Modeste Sadiki-Lutombo, estimates of the total number of UDPS activists incarcerated as of June 1999 exceeds 100 (UDPS website, June 21, 1999)

50. The Federal President of UDPS for Maniema Region, Mwami Assani, was abducted by Kabila government police on June 18, 1999 in Kinshasa where he had travelled with his family as a refugee. (Dr. F. Mpuila, "Communique de Presse", UDPS Representative for Belgium/Luxembourg (BELUX), June 25, 1999 at 17h00).

51. ASADHO, the leading Congolese human rights organization, has recently warned of "an escalation of political intolerance and the practice of torture against members of opposition parties, journalists, and intellectuals in Katanga. ("Political Intolerance and Torture in Katanga: Towards New Violence?" ASADHO Press Release no0010/ASADHO/RCD/99)

52. On July 19, 1999 the hotel room of Mr. Kabalu Kadima Raymond, a member of the national directorate of UDPS was searched by agents of the National Intelligence Agency/Katanga (ANR/Katanga). They discovered UDPS internal reports, personal journals and photographs of Dr. Etienne Tshisekedi. The following day the ANR/Katanga returned to arrest him. Mr. Kabalu managed to escape and flee to Zambia.

53. Gilbert Masoswa, a member of the Katanga Federation of UDPS, was arbitrarily arrested at his home in Kamalondo by agents of the Special Presidential Security Group (GSSP) on July 22, 1999.

54. On July 29, 1999 Professor Kambaji wa Kambaji was arbitrarily arrested by ANR agents who discovered a memorandum on ethnic hatred prepared by the professor for the United Nations High Commission on Human Rights. ASADHO reports that since his arrest Professor Kambaji has been tortured twice a day and has been denied visits from family. ASADHO reports further that Professor Kambaji haas been vomiting blood since August 4, 1999.

55. Two prominent attorneys in Lubumbashi, Maitre Mutonji and Teleshore Tshiswaka Mwepu were interrogated by agents of ANR on July 29, 30, and 31 concerning UDPS. ("Political Intolerance and Torture in Katanga: Towards New Violence?" ASADHO Press Release no0010/ASADHO/RCD/99)

56. Also in July 1999 UDPS member Kabamba Kadima was arrested in Mbuji Mayi, East Kasai Region and condemned to death by the Military Tribunal without due process of law. ( Dr. F. Mpuila, "S.O.S. Prisonniers Politiques au Congo", Press Release, UDPS Representative for Belgium/Luxembourg (BELUX), October 30, 1999)

57. On August 9, 1999 Tabu Kalala, Federal President of UDPS for Katanga, Shivuadi Mukua Lukusa, Federal Vice-President for Katanga, were arbitrarily arrested. (Dr. Gilbert Ramazani Mulondani, UDPS Representative for Italy, Turkey and Albania, Press Release, August 9, 1999.)

58. In his letter to United Nations Special Rapporteur Roberto Garreton of August 29, 1999 UDPS President Dr. Etienne Tshisekedi described a political environment in which the ability of peaceful pro-democratic parties like UDPS to function is increasingly circumscribed by the torture and arbitrary arrest of members and party leaders, massacres of innocent civilians, and routine suppression of the rule law. ( Letter of National President Etienne Tshisekedi to Roberto Garreton on the Lusaka Accords" UDPS Website, August 29, 1999)

59. Mr. Bukasa Musanga, a UDPS member, was arrested in Kinshasa on October 19, 1999 and condemned to death by the Military Tribunal without due process of law. (Dr. F. Mpuila, "S.O.S. Prisonniers Politiques au Congo", Press Release, UDPS Representative for Belgium/Luxembourg (BELUX), October 30, 1999)

60. The Foreign Minister of Congo and a key member of Kabila's government, Abdoulaye Yerodia, castigated UDPS leader Tshisekedi for making statements about the political future of Congo while in South Africa for medical care on January 12, 2000. Yerodia threatened Tshisekedi with war and declared that he would be treated as a traitor if he returns to Congo. (New Congo Net Website, January 13, 2000)

61. On July 19, 2000 a UDPS meeting at the residence of Mr. Bernard Nkwedi was attacked by agents of the Kabila government (including armed agents of the PIR (rapid intervention police), the CPP (popular power committees militia) and the GSSP (special group for presidential security)) at approximately 11:30 PM. Many UDPS members and supporters were wounded by gunfire. At least twenty UDPS members were severely beaten, whipped and arbitrarily arrested including the following: Mr. Bernard Nkwedi, a founding member of the UDPS, Mr. Muampata, Reporter for the of the National Committee, Jean-Baptiste Muamba, UDPS member, Leon Lukaya, UDPS member, Aime S. Bwende, Member of the National Committee of the UDPS (Parliament of the Party) and Director of Cabinet of the National Secretary for Youth of the UDPS, Raphaël Kapambu, Executive National Secretary for Youth of the UDPS, in Charge of Organisation, Implantation and Mobilisation, Eugène Mubeya, Executive National Secretary for Youth of the UDPS, in Charge of Exterior Relations and Partnership, Aime Ilunga, Member of the Federal Committee for Youth of the UDPS, Federation of Kinshasa-Funa, Théo Ntumba, Member of the Federal Committee for Youth of the UDPS, Federation of Kinshasa-Funa, Papy Prince Kongolo, Member of the Youth of the UDPS, Lemba Section, Richard Malangu, Member of the Youth of the UDPS, Matete Section, Léon Meda, Member of the Youth of the UDPS, Kalamu Section, and Samuel Molende, Member of the UDPS, Masina Section. These prisoners were bound and blindfolded and then moved repeatedly between detentions centers in Kinshasa to prevent family members and the UDPS from tracing them. They were first moved from the N'djili community to underground holding cells at the Peoples Palace, then to the National Surveillance Agency (ANR), on to the Makala Central Prison, and finally to the Kinshasa Military Circumscription Prison (CIRCO).

62. The residence of Dr. Etienne Tshisekedi, the leader and president of UDPS was subjected to sustained gunfire for more than two hours beginning at 1AM on July 27, 2000. Reports indicate that Limete, Tshisekedi's neighborhood, was first barricaded and circulation prohibited by Kabila's armed soldiers. The thirty UDPS members present at the residence at the time were forcefully removed and are still unaccounted for. The UDPS believes they are wounded and being held without treatment or that they were killed in the fussillade and their bodies disposed of by Kabila's agents.

63. The UDPS members arrested on July 19, 2000 were held without medical attention including Aime Ilunga, Member of the Federal Committee for Youth of the UDPS, Federation of Kinshasa-Funa, and Papy Prince Kongolo, Member of the Youth of the UDPS, Mme Albertine Pangu-Kilembe, Aimé Bwende, Jean-Baptiste Mwamba, Samuel Mulende, Raphael Kapambu, Eugène Mwebeya, Léon Meda, Théo Tumba, Léon Lukaya et Richard Malangu-Mwayabu. They were not released until January 2001.

64. On Tuesday September 26, 2000, Kabila's troops arrested Mr. Jean-Joseph Mukendi Wa Mulumba, Political Counselor to Dr. Etienne Tshisekedi, and former Dean of the Lawyers Guild of Kinshasa. He was first detained at the General Directorate of Migrations at Ngobila Beach and then incarcerated at the State Security Council in Kinshasa. Mr. Mukendi was returning from Switzerland, after participating in a seminar organised in London on good governance in Africa. (Dr François Tshipamba Mpuila,"L'arrestation de Maître Mukendi, Conseiller politique de M. Etienne Tshisekedi", (UDPS Website:Brussels) Septembre 27, 2000; Michel Okongo Lomena "Arrestation Et Sequestration De Maitre Mukendi Wa Mulumba", Press Release by UDPS Representative of Switzerland, Septembre 26, 2000 (UDPS Website: Lausanne))

Continuing persecution of the UDPS by the Regime of Joseph Kabila

65. The UDPS has faced continuing repression at the hands of Joseph Kabila's military and government. The Joseph Kabila regime continues to deprive UDPS and other parties of basic political rights. Far from lifting the ban on political activity imposed by his father, the Joseph Kabila regime has added new requirements for party registration, such as a ban on all parties with international affiliations.

66. While engaging in extensive public relations rhetoric, the regime continues to terrorize political party members and human rights workers: "[o]n May 22, 'La Voix des Sans Voix' (the Voice of the Voiceless) human rights group called on the government to close the jails of the dreaded DEMI AP, the military intelligence section in charge of the repression of "anti-patriotic activities." ("UN Optimism on Peace Moves Contrasts With the Facts", SouthScan, June 16, 2001)

67. On July 24, 2001, barely a month after the Joseph Kabila regime had paid lip service to lifting the ban on political activity, as many as 2000 UDPS and FONUS activists were violently dispersed before political leaders could address a press conference at the Parish of Saint Anne in Kinshasa. British journalists attempting to cover the event were detained. ("Opposition Supporters "violently dispersed in Kinshasa" Radio France International, July 25, 2001, "Demonstration Blocked in Kinshasa", UN Integrated Regional Information Network, July 25, 2001, "Two BBC Correspondents Briefly Detained in Kinshasa", Journaliste En Danger: Kinshasa, Press Release July 26, 2001, Dr. François Tshipamba Mpuila, "Le Dialogue Intercongolais doit absolument se tenir et il doit absolument reussir", UDPS Website, November 15, 2001.)

68. On July 30, 2001 some 35 UDPS members were arrested and held without due process of law for 7 days for attempting to mount a peaceful public demonstration against violations of civil and political liberties and human rights. Those arbitrarily arrested included : Jean-Marie Vianney Kabukani, Norbert Nkumu, Joseph Tshibwabwa Yamba, Athanase Shankadi Mwena Tshiela, Pierre Kasongo Tshibwabwa, Norbert Luyeye, Faustin Nyati, Ntumba Mubiayi, Kabwika Kimbu, José Kabongo Ilunga, Edouard Tshisumpa, Jean-Baptiste Matiley Batepele, Fiston Nyanga, Ghislain Ambita Manganza, Félix Muteba Misakabo, Evariste Tshonza, Tshabola Babu Fils, Diangala Kelwa, Pierre Samanda, Zéphyrin Kalutoso, Eyale Butembola, Ndomba Kaputu, Mukeba Luketa, Kingelo Kabangu, Mubenga Musungayi, Tati Lubanga, Jean-Marie Kikangala, Eméry Bangala, Bénoît Nyowango, Beli Nsumbu, Katenda Kalonji, Crispin Mbuyamba, Léopold Mukaya, Gustave Mbaya and Ebondo Kasende.

69. These peaceful demonstrators were held in secret holding cells without latrines, were denied all family and medical visits, and were subjected to torture. Four remained unaccounted for as of November 15, 2001: Didier Olondo, Kankolongo Kankwenda, Adolphe Salumu Mulenda et Justin Kalawe Djamba. (Dr. François Tshipamba Mpuila, "Le Dialogue Intercongolais doit absolument se tenir et il doit absolument reussir", UDPS Website, November 15, 2001,"Opposition Demands Release of 32 Activists", UN Integrated Regional Information Network, August 4, 2001, "Police Bar Opposition Rally", UN Integrated Regional Information Network August 1, 2001.)

70. A press conference scheduled by UDPS representive Valentin Mubake was brutally repressed on October 6, 2001. Many UDPS members were wounded and disappeared, including a Federal Vice-Président. This development portends increasingly difficult times for UDPS as Mr. Mubake, who represented the party at the preparatory talks for the InterCongolese Dialogue, was to have presented the party's views on ways of resolving the current war and moving towards a government of national unity. (Michel Okongo Lomena, Répression d'Une Conférence de Presse Animée ce 6 Octobre par l'UDPS à Kinshasa", Press release:UDPS Website, October 6, 2001.)

71. On December 5, 2001 heavily armed agents of the National Intelligence Agency (ANR), accompanied by military police and Rapid Intervention Police (PIR) under orders from the Joseph Kabila regime broke into the home of Assistant Secrétaire General of UDPS, Mr. Modeste Sadiki Lutombo, located in the Kasavubu neighborhood of Kinshasa shortly before 8 PM. They proceded to arbitrarily arrest Mr. Sadiki, and six other UDPS officials that were meeting with him at that time: Mr. Jean-Baptiste Bomanza, National Committee of UDPS, Mr. Jean-Baptiste Muampata, National Committee of UDPS, Mr. Roger Kakonge, National Committee of UDPS, Mr. Sylvain Kamani, National Committee of UDPS, Mr. Joseph Kapika, National Secretariat of UDPS, and Mr. Kadima, UDPS Federation of Tshangu. After 7 days of incarceration by the National Intelligence Agency (ANR) UDPS feared for their safety as they were transferred to the underground prison of the State Security Corps, a mosquito infested dungeon lacking lights and sanitation facilities. (Michel Okongo Lomena, UDPS Representative for Switzerland, UDPS Press Release no.BR/CH/UDPS/0810/1002/OLM, December 5, 2001, Dr. François Tshipamba Mpuila, "Concerne: Transfert des prisonniers politiques membres de l'UDPS au cachot de la Cour de Sûreté de l'Etat ," UDPS Press Release RBL/UDPS/DE/099/01, December 13, 2001.)

72. The campus of Kinshasa University erupted in riots on Thursday and Friday, December 13 and 14, 2001. Several people were killed, 632 students were arrested, and the campus was shut down. An eye witness reported that police had tortured at least 40 students and sexually abused one of them. The riot began when police erected roadblocks and deployed soldiers around the campus to stop about 6,000 students from marching into the city center to demand improved conditions. Kabila government sources attempted to blame UDPS for instigating the march. ("More than 600 students arrested in Congo", Reuters, December 15, 2001, DigitalCongo Website, "Compte rendu de la réunion du Conseil des ministres du vendredi 14 décembre 2001 à Kinshasa", Le Potentiel, Decembre 14, 2001.

73. Jean Baptiste Mulumba, Counsellor to the National President of l'UDPS, was arbitrarily arrested on May 12, 2002 in Lubumbashi by ANR agents, incarcerated, tortured, and denied food and contact with his family and counsel. Members of the federation of UDPS in Katanga were forcefully turned away and threatened with imprisonment when they attempted to contact him. Family members and associates of Mr. Mulumba, including his wife Antoinette MULUMBA, his son Jimmy Bukasa MULUMBA, his secretary Henriette PALANKA, and his friend Pascal KUKABUKA PAKI BONGONGO were beaten during an intensive search for UDPS documents during which agents of DEMIAP pillaged the neighborhood, stealing a vehicle, money, jewelry, documents and equipment. Mr. Mulullmba was transferred against his will to Kinshasa on May 16, 2002. (Dr. Denis Kimwana Nakeya, Press Release: UDPS South Africa, UDPS Website, May 14, 2002)

74. Jean Félix TABU KALALA MWIN DILEMB, Federal President of UDPS / Katanga was detained for four hours on April 16, 2002 by special service police on Avenue MOBUTU, Lubumbashi Commune. Il was accused of organising a political meeting in Katuba Upemba on Avril 14, 2002. On May 21, 2002, two Agents identifying themselves as from the 4th Military Region, burst into his enclosed yard at 2PM, forcing him to flee.

75. Harassment of UDPS members and their families and associates by military police of the 4th Military Region of Katanga increased following the creation of the Alliance to Safeguard the Intercongolese Dialogue (ASD) by Dr.Tshisekedi Wa Mulumba. These included the arbitrary arrest of MWENZ KABUREP, son of the UDPS Federal President of Katanga and a student at the University of Lubumbashi, after his father escaped capture on May 21, 2002.

76. Ezéchiel KABOKO, UDPS Section President of Mampala in Lubumbashi, was arbitrarily detained for two hours on May 21, 2002.

77. The home of Léon-Gilbert MASOSWA KYUNGU, UDPS Federal Vice-Président, located on Avenue Babemba, in Kamalondo Commune was repeatedly searched without a warrant between May 14 and May 18, 2002.

78. Fortunat BADIAMBILE, KABWE ILUNGA, Martin KAMANDA Respectively 2nd Vice - Président, 3rd Vice- Président and Administrative Secretary of UDPS central Katuba Section Katuba were arbitrarily detained for two hours on 16 mai 2002 by ANR for having . Il organised a political meeting. (Bruno TSHIBANGU KABAJI, UDPS Press Release, Lubumbashi, May 23, 2002.)

79. Soldiers under the command of Joseph Kabila fired on a peaceful UDPS demonstration in Mbuji Mayi, East Kasai Region, on June 29, 2002, wounding many people. An estimated 1000 people were brutally dispersed, thrown in trucks, and carted off to unknown destinations. The demonstration was calling for the reopening of the InterCongolese Dialogue and the resolution of the current power struggle by a comprehensive and inclusive accord.

80. Mpinga Tshibasu, President of Civil Society Civile in East Kasaï, was arbitrarily arrested on July 3, 2002 at his office and transported against his will to the ANR prison in Kinshasa on the orders of the Governor of East Kasai. The governor had condemned him for reporting on his role and events at the InterCongolese Dialogue, including his denunciation of the Kabila/ Bemba pact. (Dr. François Tshipamba Mpuila, Representative of UDPS/BELUX, Press Release, Brussels, July 8, 2002.)

81. A peaceful political meeting scheduled by the four UDPS federations in Kinshasa ( Lukunga, Mont Amba, Tshangu, and Funa) to give an account of the recently held Inter Congolese Dialogue is brutally repressed on July 13, 2002. According to Jean-Baptiste Bomanza, member of the UDPS National Committee, three UDPS members (Mpinga Ngandu, Shankadi, and Mbaya Nyambua) are reportedly missing and their whereabout is unknown. The four federations were to have presented the party's views on ways of resolving the current war and moving towards a government of national unity. (Daily Le Phare (Kinshasa), July 16, 2002)