This announcement is made public as the organization remembers him with great fondness on the anniversary of his passing on 25 May 2018. Following a call for applications issued two months ago, the selection committee received a total of 274 applications. Four candidates – two women and two men – were chosen as the recipients of the first edition of Gaëtan Mootoo Human Rights Defender Fellowship.

Gaetan’s unrelenting pursuit of justice saw him achieve human rights victories where others might have given up. His deep compassion for the individuals whose freedom he sought to secure, and his unwavering dedication and humility, distinguish him as a human rights champion we can all aspire to become.

Agnes Callamard, Amnesty International’s Secretary General.

“Gaetan’s unrelenting pursuit of justice saw him achieve human rights victories where others might have given up. His deep compassion for the individuals whose freedom he sought to secure, and his unwavering dedication and humility, distinguish him as a human rights champion we can all aspire to become. Through his work as a dogged human rights investigator, he changed the lives of untold numbers of people around the world,” said Agnes Callamard, Amnesty International’s Secretary General.

“His loss both in the human rights world and as a dear friend is so keenly felt, and together with his family, we honour his memory and his enormous legacy by giving the opportunity to others to follow in his footsteps in demanding a fairer world. I’m delighted to congratulate the successful applicants.”

Through the Gaetan Mootoo Fellowship, Tathi Yende Viviane (Cameroon), Charlin Ulderel Kinouanii Ntnondele (Republic of Congo), Alphonsine Demba (Sénégal), and Faithe Kouassi Sylvain (Côte d’Ivoire) will be sponsored to attend the online René Cassin Foundation International Institute for Human Rights Summer School which will take place from 5-24 July 2021. The online course will focus on international human rights law and international criminal and humanitarian law.

The four awardees, aged between 29 and 31 years, have already embarked on their human rights paths in their respective countries. They have been inspired to follow in Gaëtan’s footsteps and are working to bring justice to their respective communities.  

“The fellowship is an opportunity for me to set up a strong network of human rights defenders. It will also allow me to learn to better practice my passion, which is the defence of human rights in my community,” said Tathi Yende Viviane from Cameroon.

Republic of Congo’s civil society activist Charlin Ulderel Kinouanii Ntnondele’s said his commitment is motivated by the deprivation of his right to education during a five year armed conflict in his country.

“That is why it is necessary for me to attend such a course, which will help me better stand up for human rights and the consolidation of democracy in my country,” he said.Senegalese citizen Alphonsine Demba whose work focuses on women’s and children’s rights found the opportunity of the fellowship helped deepen her knowledge of human rights.

“In the future, I plan to use the knowledge gained during the course to join a large human rights organization and work to better stand up for human rights and campaign for the effective implementation of conventions signed and ratified by our countries,’’ she said.

For his part, young Ivorian human rights defender Sylvain Kouassi Faithe said he will use the training to better defend the rights of minority groups and prevent human rights violations in the central region of the country where he lives.

Gaëtan’s human rights research covered many parts of West and Central Africa – Côte d’Ivoire, Burkina Faso, Chad, Guinea, Mali, Mauritania, Niger, Senegal, Sierra Leone and Togo. His meticulous findings and careful analysis led to the release of many prisoners of conscience, helped secure justice and reparations for many victims, and assisted many affected communities in their processes of recovery after human rights abuses.

“Standing up against human rights violations is more and more challenging as the world around us rapidly transforms and sources of repression mutate. We must keep up with the pace of change, address the issues of today but be astute, adaptive and engaging too so that we also defend human rights for the future,” said Agnes Callamard.

“We must foster and equip young activists and young leaders now. We must share knowledge, exchange and collaborate with them to help empower their action in their human rights realities. And we must remove old barriers and open new doors so that their strength, innovation and vision drive the global human rights movement today and tomorrow. This bursary is an important step towards that human rights reality.”

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Based on interviews conducted in Congo and remotely with more than 50 people including patients, trade unionists and members of human rights associations, it also highlights the crackdown on human rights defenders and activists who have spoken out against the situation. 

The economic crisis has had brutal consequences for people in Congo.  Their right to health has been undermined by alleged mismanagement of the health sector, and failures to fully implement some free care programmes. The cost of healthcare continues to be an obstacle to accessing life-saving treatment.

Samira Daoud, Amnesty International's West and Central Africa Director

“The economic crisis has had brutal consequences for people in Congo.  Their right to health has been undermined by alleged mismanagement of the health sector, and failures to fully implement some free care programmes. The cost of healthcare continues to be an obstacle to accessing life-saving treatment. The economic crisis has driven to poverty tens of thousands of retirees, hundreds of civil servants and students still waiting to receive pensions, salaries and scholarships,” said Samira Daoud, Amnesty International West and Central Africa Director. 
 
“Despite the authorities’ pledges to improve the health system and respect people’s economic and social rights, no concrete action was taken in the past six years. They have instead cracked down on those who have claimed their economic and social rights. Human rights defenders, trade unionists, journalists and students have all been targeted with legal proceedings, threats, and ill-treatment.”

Holes in health sector budget and crumbling infrastructure 

Republic of Congo’s health sector budget has fallen steadily since 2015, apart from a slight increase in 2020 to deal with the COVID-19 pandemic.  In 2014, the health sector budget was estimated at around EUR 515 million. From 2015, it began to steadily decline reaching its lowest point in 2017 at around EUR 200 million, – a drop of more than 60% compared to 2014. After stagnating in 2018 and 2019, it began rising sharply in 2020 to around EUR 325 million thanks to the COVID-19 pandemic, before decreasing again in 2021 to around EUR 290 million. 

Numerous projects to improve the health system have not been fully implemented by the authorities, including a plan to build 12 general hospitals across the country which has been delayed since 2016. 

The report documents a rapid decline in health infrastructure in recent years, including dire conditions in University Hospital in the capital Brazzaville, which has been regularly deprived of running water and electricity supply in recent years.  

A health center official told Amnesty International that the facility did not have funds to renew their stock of medicines or pay the water bills. An employee in another health facility said poor technology meant that the MRI scanner was not working. 

This time, three people on respirators died. This is common, and the hospital never takes responsibility.

relative of one of the patients in Adolphe Sicé General Hospital

In Adolphe Sicé General Hospital in Pointe-Noire, in the south of the country, power cuts have had fatal consequences for patients, according to a relative of one of the patients. 

“When there is a power cut in the operating room, there is no automatic switch to the generator. Someone must move and turn the generator on. This can take a long time. This time, three people on respirators died. This is common, and the hospital never takes responsibility.” 

No payment, no treatment 

A lack of investment in Congo’s healthcare system and poor working conditions have resulted in many public healthcare workers taking advantage of better offers from the private sector. In the last three years, the health sector has lost more than 40% of its active staff, according to the Minister of Health. 

Meanwhile many medical staff left on the frontlines of the fight against COVID-19, have complained about the lack of personal protective equipment.

Although the Congolese President announced on 17 December 2019 that the country’s free health care programmes for Caesarean sections, HIV and AIDs, and treatment for children with malaria had been maintained despite the economic crisis, in reality the provision of some free health care has not been effective. 

The report documents how patients who are unable to pay their medical bills are often left without treatment. 

A patient at Gamboma District Hospital, in the centre of the country, told Amnesty International that he saw the hospital refusing to treat patients who were unable to pay: 

“Last year I saw a young man from a village, who was visibly in bad shape, abandoned in the emergency room for lack of money. Even if the hospital has no supplies, faced with a severe case, health workers should try to do at least something to provide relief to the patient. ” 

“The government must improve the accessibility of the health system by providing patients with facilities, goods and services that are affordable for all,” said Samira Daoud. 

Civil servants, retirees and students pay a heavy price for the crisis 

Retirees, government officials and students who were sent abroad with a scholarship have paid a heavy price for the financial crisis and its management by the authorities.  

As of February 2021, 280 civil servants were claiming 17 months of salary in arrears. In November 2020, more than 40,000 retirees had accumulated 28 months of unpaid pensions. Congolese students abroad have gone for at least three years without receiving their scholarships. 

A student studying overseas told Amnesty International that there were more than 200 people that had been waiting for months for their scholarships to be paid: 

“We are waiting for the payment of nearly 36 months of scholarship … Students are here without graduation or certificate of completion of their studies. This is due to the lack of payment of academic fees by our government … Many students were forced to leave school to do small jobs. ” 

Repression as a treatment for health problems 

The report documents the authorities’ crackdown on all those who denounced the management and governance that worsened the situation of economic and social rights including those who did not comply with the COVID-19 restriction measures. 

An example of unlawful killing resulting from excessive use of force documented in the report is the death, on 18 April 2020 in Djambala (northeast), of Wenceslas Samson Opfi who was allegedly killed by police and gendarmes who surprised him while driving a motorbike during the curfew.  

His parent told Amnesty International that he was beaten with belts, truncheons, and rifle butts and then his dead body was taken to hospital, after one of the security forces members informed a relative to credit a road accident. 

The student Brucelon Nelson Apanga, president of the Movement of Schoolboys and Students of Congo (MEEC in French),  who called for the payment of scholarships, was subject to torture twice, during his detention in 2018 at the Directorate General of Territorial Surveillance (DGST) and upon his return from forced exile in Cameroon in 2020. 

He told Amnesty International that he was brought sick in the street on 22 November 2020 after having been subject again to torture: 

“… Two DGST agents in plain clothes arrested me in Yaoundé, handcuffed me, blindfolded me and put me in a car with tinted windows… When we arrived in Brazzaville, I was detained in a house. … On 22 October 2020, I was then taken to a cell at the DGST where I could not see the light of day. … I was again tortured, punched, and subjected to electricity shock. I could only eat a small piece of bread and drink a glass of water per day…” 

Several activists and human rights defenders who have demanded that authorities respect the right to health have been victims of intimidation or arbitrary detention. 

Journalist Rocil Claver Otouna, news anchor for state television’s Télé Congo, was suspended from duty by the government after a special programme he ran on the pandemic following President Denis Sassou Nguesso’s speech on 30 April 2020. He said he only questioned the Minister of Justice about the management of the pandemic. 

Union freedoms and the right to strike have also been compromised on several occasions in recent years, in connection with the situation of the health system.  

Congolese students abroad who have protested at the non-payment of their scholarships have been the target of reprisals.  

My father and my mother have received phone calls. I also have received some from people I don't know who threaten me with violence, death, or jail.

One student told Amnesty International

One student told Amnesty International that the authorities had gone so far as to threaten the parents of his peers with prison or physical violence. 

“My father and my mother have received phone calls. I also have received some from people I don’t know who threaten me with violence, death, or jail. … We’ve not had our scholarship paid for more than 24 months, but we are not saying anything because we know the consequences.” 

Amnesty International is calling on the Congolese authorities to end attacks on the right to freedom of expression and peaceful assembly, stop the arbitrary arrests and detention of those criticizing the government’s handling of the economic crisis and ensure adequate investment in health and other essential services. 

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Amnesty International considers Paulin Makaya as a prisoner of conscience who should never have been arrested in the first place

Stephen Cockburn, Amnesty International deputy regional director for West and Central Africa.

“Amnesty International considers Paulin Makaya as a prisoner of conscience who should never have been arrested in the first place, and calls for his immediate and unconditional release.”

Background:

Paulin Makaya is the leader of ‘Unis Pour le Congo’ (UPC). He was arrested and detained on 23 November 2015, following his participation in protests against the referendum to change the Constitution in October 2015. He was found guilty of participating in an unauthorized protest, but two other charges against him – ‘complicity in arson of public buildings’ and ‘unlawful possession of weapons of war’ – were dismissed.

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They are a clear violation of the country’s international human rights obligations, including the right to life and should be subject to a thorough, independent and impartial investigation. Eyewitnesses told the organisation that on 5 April, helicopters dropped at least 30 bombs on residential areas including a school in the town of Vindza where the target was a house which used to be the residence of Pastor Frederic Ntumi, leader of the “Ninjas” armed group.

Government forces have deliberately and unlawfully attacked people. It is shocking that they bombed residential areas

Ilaria Allegrozzi, Amnesty International’s Central Africa researcher

The government blamed the “Ninjas” for the 4 April violence in the capital Brazzaville. Subsequently the towns of Soumouna and Mayama have come under attack. An eyewitness told Amnesty International that she saw at least 30 dead bodies between Soumouna and Ngula a village located some 8 km.

“Government forces have deliberately and unlawfully attacked people. It is shocking that they bombed residential areas in response to the violence that occurred in Brazzaville on April 4. Instead they should have taken lawful steps to ensure that criminal suspects are brought to justice,” said Ilaria Allegrozzi, Amnesty International’s Central Africa researcher.

Witnesses told Amnesty International that localities affected by the air strikes are now deserted. The population in villages near Soumouna have either fled to the bush or to other towns including the capital Brazzaville.

A woman who fled the village of Ngula to Brazzaville with her family told Amnesty International: “Many people have been killed following the bombing. I saw at least 30 dead bodies between Soumouna and Ngula. The air strikes also led to lot of material damage.”

Other witnesses told Amnesty International that up to 30 bombs were dropped on the morning of 5 April from two helicopters in Vindza. Three out of the four buildings of Vindza’s primary school were also hit. No students were in school that day due to the insecurity.

Background

Amnesty International interviewed a dozen eye witnesses, local activists and journalists by phone and corroborated their statements by analysing information in the media.

Gunfire broke out in the streets of Brazzaville on Monday 4 April 2016. Young people raised barricades in the southern neighbourhood of Makelekele calling for President Denis Sassou Nguesso to step down.

One building belonging to a local mayor’s office and two police stations were set ablaze and armed men attacked an army barracks. The “Ninjas” – a group led by Pastor Frederic Ntumi – were blamed by government for the violence which came weeks after President Sassou Nguesso won the 20 March Presidential elections that opposition claims were marred by fraud and ballot irregularities. Media reported that 17 people were killed and several more injured between 5th and 10th April during violence in the capital Brazzaville.

Since the results of the elections were rejected by part of the opposition, the Congolese authorities have conducted a series of arrests against leading opposition figures, including senior campaign officials of candidates Jean-Marie Michel Mokoko and Okombi Salissa, accusing them of compromising national security.

Amnesty International and local human rights organisations have called on authorities to release political opponents detained for peaceful criticism of the recent elections, put an end to arbitrary arrests and detentions, and avoid any repression of peaceful protests.

In an attempt last February to muzzle independent human rights monitoring, Republic of Congo refused entry and sent back to Dakar an Amnesty International researcher despite having a valid visa, invitation letter and confirmations of meetings with authorities including the Minister of Defence and officials from the Ministry of Justice.

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The arrest and detention of those involved in peaceful protest violates the rights to freedom of expression and peaceful assembly,

Deputy Regional Director for Amnesty International in West and Central Africa

Since the results of the 20 March Presidential election in Republic of Congo were rejected by the opposition, the Congolese authorities have conducted a series of arrests against leading opposition figures, including senior campaign officials of candidates Jean-Marie Michel Mokoko and Okombi Salissa, accusing them of compromising national security.

“The arrest and detention of those involved in peaceful protest violates the rights to freedom of expression and peaceful assembly. Anyone imprisoned on this basis should be released immediately”, said Stephen Cockburn, Deputy Regional Director for Amnesty International in West and Central Africa.

The arrests also came ahead of Tuesday’s ‘ville morte’ protest in which opposition parties called for citizens to stay at home and not go to work. There has been a heavy presence of security forces in towns and cities across Congo since the elections.

Those arrested include Jean Ngouabi, Anatole Limbongo Ngoka. Christine Moyen and Dieudonné Dhird from Jean-Marie Michel Mokoko’s campaign team, and Raymond Ebonga and Serge Blanchard Oba from the campaign team of Okombi Salissa. All of those arrested are currently being held at the ‘Direction General de surveillance du territoire’ (DGST) in Brazzaville, and none have had access to their families or lawyers.

Instead of trying to crush nonviolent dissent, authorities should uphold their duty to respect and facilitate peaceful protest.

Trésor Nzila, Executive Director of OCDH

Other activists and protestors have also been arrested and detained, including those arrested by security forces when opposition candidates attempted to hold a press conference in Brazzaville on 25 March. In Pointe Noire at least 10 young activists have been arrested since the elections.

The human rights organisations have also called on authorities to respect the right to peaceful protest. In particular, they must ensure there is no repeat of excessive force against demonstrators, such as that seen in October 2015 when security forces killed at least 18 people involved in demonstrations against a referendum to change the country’s constitution.

“There will be no sustainable solution to Congo’s political crisis if the rights to freedom of expression and assembly are repressed. The authorities must rein in the security forces to avoid the arbitrary, abusive and deadly force that characterised the repression of the October demonstrations. Instead of trying to crush nonviolent dissent, they should uphold their duty to respect and facilitate peaceful protest,” said Trésor Nzila, Executive Director of OCDH.

The elections were held on 20 March under a total communications blackout, with telephone and internet connections cut. A number of leading political figures, including Paulin Makaya, leader of ‘Unis Pour le Congo’ (UPC), and Serge Matsoule, Federal Secretary for ‘Convention d’action pour la démocratie et le développement’ (CADD), were also arrested ahead of the elections and remain in detention.

“The authorities should respect the right to information, which means guaranteeing unhindered access to telecommunications, especially during key periods in public life. The State should also guarantee a peaceful environment, and political leaders should prioritize dialogue over force”, said Christian Mounzeo, Président of RPDH

Amnesty International attempted to travel to Republic of Congo before the elections to monitor the human rights situation, but was refused entry at the border, despite possessing the right visas and official invitations. The organization was told that its presence in the country was undesirable in the election context.

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Late on Friday 26 February, Amnesty International’s Deputy Regional Director for West and Central Africa, Stephen Cockburn, was refused entry at the border and sent back to Dakar, despite having a valid visa, invitation letter and confirmations of meetings with authorities including the Minister of Defense and officials from the Ministry of Justice.

“Stifling independent human rights monitoring is unacceptable, and will do little to build confidence as Congo prepares for elections, especially in a context where political opponents have been detained and protestors killed,” said Netsanet Belay, Amnesty International’s Africa Research and Advocacy Director.

“The government should take all measures to ensure that these elections can be held in a climate that respects the freedom of all people to express their views, protest peacefully and monitor the human rights situation so that violations can be exposed and remedied.”

Upon his arrival at Brazzaville airport, Stephen Cockburn was taken out of the queue for passport control by a security official who was holding a piece of paper with the names of Stephen and two other Amnesty International colleagues, who were not due to arrive until later. His passport was confiscated and he was held, but not mistreated, at the airport until Saturday morning, when he was placed on a return flight to Dakar.

A document later provided to the airline referred to the motive for refusing entry as Amnesty’s ‘unwelcome’ presence and indicated that the visa should not have been granted.

Amnesty International was visiting Congo to meet authorities, embassies and UN agencies to discuss human rights violations committed by authorities and security forces, including in relation to forthcoming elections.

Stifling independent human rights monitoring is unacceptable, and will do little to build confidence as Congo prepares for elections

Netsanet Belay, Amnesty International’s Africa Research and Advocacy Director

On Tuesday 23 February 2016, the head of the police had written to Amnesty International declining an invitation to meet the delegation, stressing his opinion that the organisation should not visit the country during a turbulent pre-electoral period, although he did not suggest the visit had been banned. The letter also criticized a July 2015 Amnesty International report documenting the expulsion of more than 180,000 DRC nationals in 2014. 

Presidential elections are scheduled on 20 March. Last October, Amnesty International called on security forces to refrain from using excessive force after they fired on crowds gathered in Brazzaville and Pointe Noire to demonstrate against proposed changes in the country’s constitution. Opposition groups reported that at least 18 people were killed.

Amnesty International has also highlighted the detention of political opponents both before October’s constitutional referendum and in the run up to the forthcoming elections. Among those currently detained include Paulin Makaya, the leader of the political party ‘Unis Pour le Congo’ (UPC), and Serge Matsoulé, Federal Secretary for ‘Convention d’action pour la démocratie et le développement’ (CADD).

In October 2015, security forces surrounded the house of another opposition leader, Guy Brice Parfait Kolélas, without any judicial authority and did not let him leave for 12 days. In the same month six activists were arrested and sentenced to three months imprisonment for taking part in an unauthorized protest.

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Paulin Makaya, President of “Unis pour le Congo” (UPC), was arrested on 23 November 2015 while reporting for questioning at the office of the Public Prosecutor. He was charged with alleged crimes in relation to his participation in a protest held on 20 October in Brazzaville in opposition to amendments to the country’s constitution.

“The right to express political opinions and protest peacefully are fundamental human rights that should always be respected and protected, not least during election periods,” said Alioune Tine, Amnesty International Regional Director for West and Central Africa.

“Paulin Makaya and others detained for nothing more than exercising these rights should be released immediately and unconditionally.”

Amnesty International considers Paulin Makaya, as well as several others arrested during the same period, to be prisoners of conscience detained simply for peacefully exercising their right to express their political views.

The right to express political opinions and protest peacefully are fundamental human rights that should always be respected and protected

Alioune Tine Amnesty International Regional Director for West and Central Africa

The treatment of Paulin Makaya has also contravened a number of international fair trial standards as well as national legislation. He has been questioned several times without his lawyer, detained for seven days without being charged or brought before a court, and his bail application – finally denied on 20 January – took seven weeks rather than the five days prescribed by Congolese law.

Among the charges levelled against Paulin Makaya are that of incitement to disturb public order, unlawful possession of weapons of war and ammunitions and complicity to commit arson.

“All charges against Paulin Makaya should be dropped and as national elections approach, the authorities should promote and facilitate peaceful protest and respect the expression of different views,” said Alioune Tine.

Background

On 20 October 2015, security forces fired tear gas and live ammunition at protesters in Brazzaville demonstrating against the proposed changes to the Republic of Congo’s Constitution. A referendum was held on 25 October 2015 to give way for, amongst other things, the current President to run for a third term in office in 2016.

The referendum was preceded by demonstrations organised in Brazzaville, Pointe Noire and across other towns to express dissent over the proposed changes to the constitution. Clashes between security forces and protesters led to the death of at least 16 protesters and bystanders in Brazzaville and Pointe Noire alone.

Ahead of the referendum, the right to freedom of expression was also severely curtailed with mobile internet services, text messaging and the transmission signal of some radio stations being cut in Brazzaville.

The presidential election which was initially scheduled for July 2016, will now be held on 20 March.

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The organization calls for a halt of all current plans of mass expulsions of foreign nationals from the Republic of Congo and for all of those unlawfully expelled to be allowed to return, if they so desire.

Operation Mbata ya Bakolo: mass expulsions of foreign nationals in the Republic of Congo documents a range of human rights violations and crimes under international law committed by Congolese security forces and others from April to September last year. During this period, at least 179,000 DRC nationals, including many refugees and asylum seekers, were rounded up, arbitrarily arrested, and forced to leave Republic of Congo (Congo-Brazzaville).

Mbata ya Bakolo was marked by widespread attacks that could amount to crimes against humanity

Evie Francq, Amnesty International DRC researcher.

“Our research includes numerous testimonies showing that, in the rush to round up DRC nationals, police frequently used excessive force, carried out arbitrary arrests, extorted money and belongings, destroyed property and, in some cases, even raped women and girls. To date, no criminal investigation or prosecution seems to have taken place. The Republic of Congo has a clear obligation to bring to justice those suspected of criminal responsibility for crimes under international law.”

Mass deportations

Operation “Mbata ya Bakolo” (which means “slap of the elders” in Lingala) was a large-scale security response to a perceived rise in criminality, which the Republic of Congo authorities blamed on members of “kuluna” (criminal gangs) from neighbouring DRC. Officially, the operation focused on “illegal migrants”, but in practise DRC nationals were quickly targeted irrespective of their migration status.

During the operation between April and September 2014, forcible returns of asylum seekers and refugees were common, in violation of international law. The deportations were nationwide, with arrivals of DRC nationals registered at 33 border posts. In Brazzaville, after arbitrarily arresting DRC nationals, police transported them to the port known as the Beach – the city’s main point for crossing the border to Kinshasha, DRC, on the opposite bank of the Congo River.

Jacqueline (not her real name), a DRC national living in Brazzaville since 2009, told Amnesty International how the round-ups were completely arbitrary:

“On Friday 2 May [2014] we were at home in the Moungali neighbourhood of Brazzaville when the neighbourhood chief and the police arrived at our house. They told us anyone from the DRC had to leave. … We are legal in Brazzaville but they refused to even look at our identity papers! We took some clothes and were forced on a boat to Kinshasa. I am here now with four children and we are living on the streets. We are abandoned now. We are in danger here.”

Almost half of the 112 people Amnesty International interviewed said they had been arbitrarily arrested, some of them multiple times, during the operation.

Fears of police violence and growing xenophobia led many others to return to DRC of their own initiative. Marie (not her real name), a 35-year-old DRC national, told Amnesty International about the overcrowded, inhumane conditions at the Beach as they awaited their departure to DRC:

“I spent two days on the Beach before leaving [to DRC]. During those two days, there were children that were dying and even women giving birth on the spot. I witnessed a delivery myself. The baby died because of suffocation. I slept outside with my four children and there were a lot of people. The police trampled them and pushed them. And even though the boat was free, they asked for money to let us enter into it. I gave $US40 to a policeman to get into the boat.”

Violence and rape

Besides extorting DRC nationals for money or belongings, survivors also described how Republic of Congo security forces used physical violence, including rape, to humiliate and intimidate them.

A 21-year-old mother explained how six policemen entered her house at 3am and raped her while she was home alone with her four-year-old daughter:

They took off my clothes and started to rape me one by one. As I was fighting them and tried to resist, they told me they would show me how a Brazzavillois treats a Zairois [DRC national]: like a dog. One of them tied my arm and the other one injured me with an instrument.

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Amnesty International also documented the rape of four others, including a five-year-old girl.

Xenophobia against DRC nationals

Republic of Congo police made considerable use of the media to publicize operation ‘’Mbata ya Bakolo’’, going on radio and TV and using megaphones to encourage the general population to identify the presence of “criminal households”. Recording artists composed songs that incited discrimination and included lyrics such as “the Ngala [foreigners or DRC nationals] are going home now, let us save our jobs and let them go”.

As a result, xenophobia was widespread and DRC nationals were threatened, bullied and harassed by their neighbours and people in the street. They lost their jobs and ability to support themselves and their families. Some were forced to sleep on the streets after being evicted from their homes after police introduced a US$600 fine on landlords with “illegal tenants”.

An asylum seeker from the DRC and mother of nine children told Amnesty International:

“They threatened me at the market saying, ‘We are going to take care of you. You will see.’ The neighbours say they are tired of us, they throw stones at us, and they cut our house off of the electricity grid. Our children don’t go to school anymore because we are scared they will be taken and sent back to Kinshasa.”

“Given this rampant xenophobia fuelled by the authorities, many DRC nationals felt they had no choice but to leave the Republic of Congo. The government has called these departures voluntary, but they are in fact disguised deportations and a violation of international law. The authorities must end all official discrimination and urgently address xenophobic attitudes in the wider society,” said Evie Francq.

West Africans now targeted

Amnesty International is also alarmed by a new wave of arrests, detentions and deportations, now targeting West African nationals, since 14 May 2015 in the city of Pointe-Noire.

“The Republic of Congo government must immediately halt this new phase of the operation, and guarantee there will not be a repeat of last year’s mass deportations,” said Evie Francq.

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The organization calls for a halt of all current plans of mass expulsions of foreign nationals from the Republic of Congo and for all of those unlawfully expelled to be allowed to return, if they so desire.

Operation Mbata ya Bakolo: mass expulsions of foreign nationals in the Republic of Congo documents a range of human rights violations and crimes under international law committed by Congolese security forces and others from April to September last year. During this period, at least 179,000 DRC nationals, including many refugees and asylum seekers, were rounded up, arbitrarily arrested, and forced to leave Republic of Congo (Congo-Brazzaville).

Mbata ya Bakolo was marked by widespread attacks that could amount to crimes against humanity

Evie Francq, Amnesty International DRC researcher.

“Our research includes numerous testimonies showing that, in the rush to round up DRC nationals, police frequently used excessive force, carried out arbitrary arrests, extorted money and belongings, destroyed property and, in some cases, even raped women and girls. To date, no criminal investigation or prosecution seems to have taken place. The Republic of Congo has a clear obligation to bring to justice those suspected of criminal responsibility for crimes under international law.”

Mass deportations

Operation “Mbata ya Bakolo” (which means “slap of the elders” in Lingala) was a large-scale security response to a perceived rise in criminality, which the Republic of Congo authorities blamed on members of “kuluna” (criminal gangs) from neighbouring DRC. Officially, the operation focused on “illegal migrants”, but in practise DRC nationals were quickly targeted irrespective of their migration status.

During the operation between April and September 2014, forcible returns of asylum seekers and refugees were common, in violation of international law. The deportations were nationwide, with arrivals of DRC nationals registered at 33 border posts. In Brazzaville, after arbitrarily arresting DRC nationals, police transported them to the port known as the Beach – the city’s main point for crossing the border to Kinshasha, DRC, on the opposite bank of the Congo River.

Jacqueline (not her real name), a DRC national living in Brazzaville since 2009, told Amnesty International how the round-ups were completely arbitrary:

“On Friday 2 May [2014] we were at home in the Moungali neighbourhood of Brazzaville when the neighbourhood chief and the police arrived at our house. They told us anyone from the DRC had to leave. … We are legal in Brazzaville but they refused to even look at our identity papers! We took some clothes and were forced on a boat to Kinshasa. I am here now with four children and we are living on the streets. We are abandoned now. We are in danger here.”

Almost half of the 112 people Amnesty International interviewed said they had been arbitrarily arrested, some of them multiple times, during the operation.

Fears of police violence and growing xenophobia led many others to return to DRC of their own initiative. Marie (not her real name), a 35-year-old DRC national, told Amnesty International about the overcrowded, inhumane conditions at the Beach as they awaited their departure to DRC:

“I spent two days on the Beach before leaving [to DRC]. During those two days, there were children that were dying and even women giving birth on the spot. I witnessed a delivery myself. The baby died because of suffocation. I slept outside with my four children and there were a lot of people. The police trampled them and pushed them. And even though the boat was free, they asked for money to let us enter into it. I gave $US40 to a policeman to get into the boat.”

Violence and rape

Besides extorting DRC nationals for money or belongings, survivors also described how Republic of Congo security forces used physical violence, including rape, to humiliate and intimidate them.

A 21-year-old mother explained how six policemen entered her house at 3am and raped her while she was home alone with her four-year-old daughter:

They took off my clothes and started to rape me one by one. As I was fighting them and tried to resist, they told me they would show me how a Brazzavillois treats a Zairois [DRC national]: like a dog. One of them tied my arm and the other one injured me with an instrument.

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Amnesty International also documented the rape of four others, including a five-year-old girl.

Xenophobia against DRC nationals

Republic of Congo police made considerable use of the media to publicize operation ‘’Mbata ya Bakolo’’, going on radio and TV and using megaphones to encourage the general population to identify the presence of “criminal households”. Recording artists composed songs that incited discrimination and included lyrics such as “the Ngala [foreigners or DRC nationals] are going home now, let us save our jobs and let them go”.

As a result, xenophobia was widespread and DRC nationals were threatened, bullied and harassed by their neighbours and people in the street. They lost their jobs and ability to support themselves and their families. Some were forced to sleep on the streets after being evicted from their homes after police introduced a US$600 fine on landlords with “illegal tenants”.

An asylum seeker from the DRC and mother of nine children told Amnesty International:

“They threatened me at the market saying, ‘We are going to take care of you. You will see.’ The neighbours say they are tired of us, they throw stones at us, and they cut our house off of the electricity grid. Our children don’t go to school anymore because we are scared they will be taken and sent back to Kinshasa.”

“Given this rampant xenophobia fuelled by the authorities, many DRC nationals felt they had no choice but to leave the Republic of Congo. The government has called these departures voluntary, but they are in fact disguised deportations and a violation of international law. The authorities must end all official discrimination and urgently address xenophobic attitudes in the wider society,” said Evie Francq.

West Africans now targeted

Amnesty International is also alarmed by a new wave of arrests, detentions and deportations, now targeting West African nationals, since 14 May 2015 in the city of Pointe-Noire.

“The Republic of Congo government must immediately halt this new phase of the operation, and guarantee there will not be a repeat of last year’s mass deportations,” said Evie Francq.

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Hilaire Eyima, head of the French department at the school Lycée de la Révolution, was arrested by plainclothes police officers at his home on 18 April. He is still being held at the headquarters of the General Directorate for the Surveillance of the Territory (DGST).

Claude Nzingoula, a teacher at the medical school in the capital Brazzaville, was arrested on Friday 19 April at his school and was also taken to the DGST headquarters, where he has been detained since.

“Hilaire Eyima and Claude Nzingoula are only detained for standing up for their rights. The continuing detention of these two prisoners of conscience is a blatant disregard to freedom of expression and assembly by the Congolese authorities,” said Paule Rigaud, Amnesty International’s deputy Africa Program director.

The two teachers have reportedly been denied access to a lawyer of their choice.

Amnesty International has adopted them as prisoners of conscience.

The teachers’ strike begun on 25 February, after negotiations stalled between the Congolese authorities and trade unions over teacher’s status in the public sector.

Upon his arrest, Hilaire Eyima was told he was being taken in for his use of SMS (text messages) to spread information about the strike.

These are the latest in a string of arrests and harassment of members of a coalition of teachers’ unions in Republic of Congo called CPRE (Concertation pour la revalorisation de la profession d’enseignant/ Coalition for improving the teaching profession).

Daniel Ngami, co-chairman of the coalition, was arrested by National Security office agents on 1 April. Luc Mba Mongo, also a CPRE member, was arrested the following day. They were both held without charge and released five days later.

Before being released, Ngami was forced to read a statement on national media calling on teachers to return to work.

Other CPRE members have been harassed and intimidated and some have gone into hiding after their houses were searched without a warrant.

“Instead of punishing them for standing up for their rights, the Congolese authorities should ensure teachers are able to protest without fear of reprisals and engage in a constructive dialogue with them,” said Paule Rigaud.

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In a letter sent today to Ambassador Martin Uhomoibi, President of the UN Human Rights Council, the organizations called on the Human Rights Council to use this special session to foster effective measures to protect the thousands of civilians suffering and at risk in the region.

Specifically, the organizations asked the Council to appoint a Special Envoy for the eastern Democratic Republic of Congo to report on the human rights situation and recommend the concrete steps needed to respond to it.

In the letter, the organizations said to Ambassador Uhomoibi:
“The hostilities in the Eastern Democratic Republic of Congo have already taken a devastating toll on civilians. Everything possible should be done to prevent a further deterioration of an already dire situation. The Human Rights Council must not to turn its back on the victims of the Democratic Republic of Congo.”

At least 250,000 civilians, most of them women and children, have been displaced by recent fighting in the eastern DRC. This has brought the total number of internally displaced persons (IDPs) in North Kivu from this and previous rounds of conflict to well over one million and to as high as 1.6 million according to some estimates.

Most are in a desperate situation, without sufficient food, water, medical supplies or shelter.

International humanitarian operations are only just restarting after the fighting, many IDPs remain inaccessible and some humanitarian operations are suspended because of the fragile security situation. Fighting has continued close to Kanyabayonga, a strategic town around 80km north of Goma, which controls road access to the north. There have been continuing reports of unlawful killings of civilians, rapes, forced recruitments and extensive looting in the conflict zones.

The Human Rights Council is required to convene in special session if a request is made by sixteen members of the Council to the President and the Secretariat of the Council. A special session must be convened as soon as possible after a formal request is made, in principle not earlier than two working days and not later than five working days after the receipt of the request.

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