Q&A Congo-Brazzaville: Mass deportations of DRC nationals may amount..
Police violence, persecution, arbitrary detentions and rape amid a security operation to deport tens of thousands of DR Congo nationals from Congo-Brazzaville last year were part of widespread attacks that could amount to crimes against humanity, Amnesty International said in a new report
today. Read the Q&A about our report.
1. Why has Amnesty International stated that the mass expulsions of DRC nationals and related human rights violations amount to crimes against humanity?
Based on the evidence presented in this report, Amnesty International considers that several acts committed as part of operation Mbata ya Bakolo, such as arbitrary detentions, deportations, torture, rape and other crimes of sexual violence and persecution may have constituted crimes against
humanity. The organization considers that these acts were committed as part of a widespread or systematic attack against a civilian population and may constitute a crime against humanity within the meaning of provisions of the Rome Statute of the International Criminal Court. Additionally,
Amnesty International considers that those acts breached several international law obligations to which the Republic of Congo is bound, including: the 1951 Convention relating to the Status of Refugees; the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment; article 13 of the International Covenant on Civil and Political Rights; article 2.3 of the African Union Convention Governing the Specific Aspects of Refugee Problems in Africa; Articles 7 and 12 of the African Charter on Human and Peoples' Rights, etc..
2. Does Amnesty International think the International Criminal Court (ICC) should investigate this operation?
The Republic of Congo is under the obligation to investigate and prosecute all crimes under international law committed on its territory, including crimes against humanity. As a state party to the Rome Statute of the International Criminal Court (since 2004) Congo should first and foremost
implement the Statute into national law. It is only when a state is unwilling or genuinely unable to investigate and prosecute crimes under international law that the ICC Prosecutor may step in.
3. May other states exercise their own jurisdiction to investigate operation "Mbata ya Bakolo'' under the principle of universal jurisdiction?
Yes, of course. All states are permitted to investigate and, if there is sufficient admissible evidence, prosecute those suspected of criminal responsibility for crimes under international law. Senegal and South Africa are just some examples in Africa of states exercising universal
jurisdiction on crimes committed outside their territory which are not linked to the state by the nationality of the suspect or the victims or by harm to the state's own national interests.
4. Was operation Mbata ya Bakolo only limited in the capital Brazzaville?
No. The operation officially started in the capital, Brazzaville, on 4 April 2014, but was later expanded to the rest of the country, like the cities of Dolisie and N'Kayi and their respective departments. In DRC arrivals of expelled nationals were registered at 33 DRC border posts, in the
provinces of Bandundu, Bas-Congo, Equateur and Kinshasa.
5- The government of Congo Brazzaville claims most of the people they expelled were illegally residing in the country. Don't they have the right to fight illegal immigration?
States can regulate migration on their territory, however they can only do so in compliance with international law. Mass expulsions are prohibited under international law, since every individual subject to an expulsion order should be allowed to submit reasons against the expulsion and have an
individual decision on his/her case, following due process. Additionally, individuals have the right not to be transferred to a country where they would be at real risk of serious human rights violations (the principle of non-refoulement). Everyone is entitles to these rights, irrespective of
their migration status.
6- The government of Congo Brazzaville claimed the majority of DRC nationals voluntarily returned to DRC, is that true?
No. Voluntary returns can only exist in situations where individuals are in a position to make a free and informed choice and where there is no physical, psychological or material pressure. Amnesty International has evidence that following the human rights violations and abuses committed
during operation Mbata ya Bakolo, for many DRC nationals the situation became so impossible that they 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.
7- Was the operation only targeting DRC nationals?
In addition to the DRC nationals, Amnesty International documented the expulsions of some non-DRC nationals from the Republic of Congo. Yet, in all cases, their expulsion seems to have been a mistake. Seven West Africans were deported to Kinshasa, arrested by the authorities of the DRC and
released a few days later.
In January 2015 General Jean Francois Ndengue announced Mbata ya Bakolo II, the second phase of operation `'Mbata ya Bakolo'', targeting "other foreign communities", namely foreign nationals from West-Africa. 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.
8- What have the authorities in Congo Brazzaville done to address the human rights violations that occurred in the course of this operation?
According to media sources, 17 policemen accused of having committed abuses in relation to operation `'Mbata ya Bakolo'' were excluded from service during a public ceremony held by the General Police Directorate on 18 April 2014. Out of the 17, at least eight had been reportedly referred to
prosecution authorities. However, in September 2014 officials of the Ministry of Justice and Human Rights told Amnesty International that they had no specific examples of human rights violations that had been committed during operation Mbata ya Bakolo .
Additionally, the authorities of Congo Brazzaville reiterated their commitment to establish, together with the DRC authorities, a joint commission to investigate the allegations of human rights violations that occurred during operation `'Mbata ya Bakolo''. Despite these promises, the mixed
investigation commission has not been set up yet.
Amnesty International has serious concerns about the unwillingness of the Republic of Congo government to conduct prompt, thorough and impartial investigations before ordinary civilian authorities into human rights violations and abuses committed during operation Mbata ya Bakolo .
9- Does Amnesty International have evidence that private Congolese individuals also committed abuses against DRC nationals?
Amnesty International research shows that DRC nationals were threatened, bullied and harassed by their neighbours and people in the street and in several instances, were victim of racially motivated violence. The police knew that abuses against DRC nationals were taking place. Yet, despite its
obligation to protect DRC nationals, the police seems to have done nothing more than publishing a "warning". Amnesty International has no information on cases of criminal investigations or prosecutions regarding acts of private individuals during Operation Mbata ya Bakolo.
10- What are the main recommendations of this report?
Amnesty International recommends to the Government of the Republic of Congo to immediately halt all current plans of mass expulsions of foreign nationals and to ensure the respect of all procedural and substantial guarantees in case of deportation, expulsion or any other transfer of foreign
nationals.
All those expelled, deported or otherwise transferred from the Republic of Congo during operation Mbata ya Bakolo should be allowed to return to the country, if they so desire.
The organisation also calls on the Republic of Congo to ensure that all allegations of crimes under international law and serious human rights violations committed during operation Mbata ya Bakolo are promptly and thoroughly investigated by a competent, impartial and independent body of
civilian character. Where sufficient admissible evidence is gathered, the suspects should be prosecuted in a fair trial without recourse to death penalty.
* Read the report Operation Mbata ya Bakolo: mass expulsions of foreign nationals in the Republic of Congo
* Read the press release