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Letter to Hon. Pierre Pettigrew
11 August 2005



The Hon. Pierre Pettigrew
Minister of Foreign Affairs
Foreign Affairs Canada
125 Sussex Drive
Ottawa, ON KiA 0G2

Dear Minister Pettigrew,

RE: Leading human rights defender killed in the Democratic Republic of Congo

On July 31st, leading human rights defender Pascal Kabungulu Kibembi was assassinated in his home in Bukavu, eastern Democratic Republic of Congo. Mr. Kabungulu was the Executive Director of the organization Héritiers de la Justice, a partner of KAIROS and several Canadian churches. His organization has been critical of the government of Joseph Kabila, uncovering grave human rights abuses by armed groups in eastern Congo and calling on the government to put an end to the impunity with which these groups operate.

We, at KAIROS, an organization of 11 Canadian churches and church-based organizations, are urging the Canadian government to demand from the Congolese government:

  • A complete and independent investigation into Mr. Kabungulu’s death.
  • The prosecution of individuals involved in the murder, including those accused of obstructing justice.
  • A halt to all attacks on human rights defenders throughout the country.
  • The means to ensure that civilians will no longer be targets of military or police violence, including torture, murder and rape.

Such demands are fully in line with the Declaration on Human Rights Defenders adopted by the UN General Assembly in 1998 as well as many other international human rights instruments to which both Canada and the DRC are signatories. In particular, article 9 of the above-mentioned Declaration which states:

In the exercise of human rights and fundamental freedoms, including the promotion and protection of human rights as referred to in the present Declaration, everyone has the right, individually and in association with others, to benefit from an effective remedy and to be protected in the event of the violation of those rights.

The State shall conduct a prompt and impartial investigation or ensure that an inquiry takes place whenever there is reasonable ground to believe that a violation of human rights and fundamental freedoms has occurred in any territory under its jurisdiction.

We further urge that Canada support an investigation into Mr. Kabungulu’s murder by Ms. Hina Jilani, the Special Representative of the UN Secretary General on Human Rights Defenders, with a view towards revealing the truth concerning his murder and increasing protection for other human rights defenders whose lives are in imminent danger.

On August 4th, two members of les Forces Armées de la République Démocratique du Congo (FARDC) accused of involvement in Mr. Kabungulu’s murder escaped from custody with the help of Colonel Thierry Ilungu, commander of the 105th Brigade of the FARDC. Colonel Ilungu has issued death threats against Mr. Kabungulu in the past. The armed forces have been implicated in numerous other attacks against civilians, including several in that past month.

The tragedy of Mr. Kabungulu’s murder highlights the disturbing level of violence in eastern DRC committed by armed groups. The region has been troubled with massive insecurity since the end of the Congo’s civil war. The army and the United Nations Mission to the DRC (MONUC) have been unable to establish the environment necessary to begin to rebuild the country and ensure justice for its citizens. The war and the subsequent unrest have claimed nearly 4 million lives, according to most estimates.

Mr. Kabungulu was a key human rights actor in his country and in the region and the truth about his death needs to be established.

Looking forward to your response,

Mary Corkery
Executive Director
KAIROS: Canadian Ecumenical Justice Initiatives

cc. Jean-Pierre Bolduc
Ambassador of Canada to the Democratic Republic of Congo

Mrs. Louise NZANGA RAMAZANI
First Counsellor & Chargé d'Affaires
Embassy of the Democratic Republic of Congo

Henri-Paul Normandin
Director, Human Rights, Humanitarian Affairs and International Women’s Equality Division, Foreign Affairs Canada

Julian Murray
A/Program Director
Central Africa and Great Lakes Program
Canadian International Development Agency

Hina Jilani
Special Representative of the UN Secretary General on Human Rights Defenders

Alfa Sow
Chief Clerk, MONUC Sector 5
Bukavu, DRC

 

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