PETITION: THE VICTIMS OF GATUMBA MASSACRES OF BANYAMULENGE ASKING FOR JUSTICE

On 13th to 14th august 2004, the genocide was committed systematically against Congolese Tutsi refugees known as Banyamulenge, at Gatumba   Burundi, near the frontier with DRC. The victims were mostly children and women, who were refugees at Burundi due to the armed conflict at Southern Kivu in the DRC. The Burundian Liberation Movement for Hutu (PALIPEHUTU-FNL) recognized expressly the responsibility of that crime through different international media such as BBC, RFI and VOA.

The Gatumba genocide against Congolese Tutsi (Banyamulenge), which is not the first against this Congolese minority, is one of the problems they are facing in the DRC. Children and women were killed, at least 166, more than one hundred were injured. Different means were used to perpetrate the crime, such as shooting,

This crime was systematically planned, prepared and commanded. While they were different tribes in the refugee’s camp, the operation was selective, since only Congolese Tutsi Banyamulenge have been victims. This was confirmed by different victims injured and secured to different Hospitals at Bujumbura. Most of them were children, women and some adults men. Other different sources confirmed the information, notably the joint report of United Nations peace keeping mission in the DRC (MNUC), that of the United Nations operation in Burundi (ONUB), the report of the United Nations commissioner on Human Rights, the report of Human Rights Watch…

According to the victims, the authors of the crime were a coalition organized and composed by Rwandan, Burundian and Congolese under the responsibility of Burundian Liberation movement which is FNL-PALIPEHUTU and which declared to be responsible of the massacres. Even if FNL-PALIPEHUTU recognized its responsibility concerning Gatumba tragedy, Congolese solders were also involved, notably Major Ekofo, who is actually the deputy commander of colonel NYAKABAKA, the General BUDJA MABE who were the commander of Congolese forces at Southern Kivu (le commandant de la 10e région militaire des FARDC)

On 5th October 2004, the report of the United Nations concerning GATUMBA genocide recommended the Security Counsel to encourage national’s legal proceedings so as the others be identified, prosecuted and judged.

The same report recommended the Burundian government to call upon the International Criminal Court for the issue. While two international arrest warrants were made against PALIPEHUTU-FNL’s leader Agathon RWASA and its spokesman PASTEUR HABIMANA after FNL declaring to be responsible of the gatumba tragedy, the Burundian minister of justice announced on 13th April 2005, that an international investigation was being curried out on the Gatumba genocide. Unfortunately, up to now, neither the Burundian Government, place of the massacres, nor the DRC’s government, country of the victims did not make an official report related to Gatumba Genocide, nor no legal proceeding is not yet engaged against the person involved in the massacres.

As provided by the International humanitarian Law, the Burundian Government is under obligation to curry out an independent investigation on the Gatumba genocide….  

 

On the contrary, last time, the Burundian government signed an agreement relating to the ceasefire with FNL-PALIPEHUTU, but   FNL is still recognizing its responsibility on Gatumba genocide against Congolese refugees Tutsi Banyamulenge, as confirmed by FNL- spokesman PASTEUR HABIMANA on the interview with BBC.

Considering that  the genocide of Gatumba was perpetrated against civilians belonging to a specific ethnic within a region characterized by different war crime, crime of Genocide and other crimes against humanity  for a long period, the United Nations operation in Burundi (ONUB) and the United Nations peace keeping mission in the DRC (MONUC) recommended the Security counsel to encourage the legal proceeding on both national and International levels, so as to establish the criminal responsibility for those involved in the genocide of Gatumba;

Considering that the same report asked the Security Counsel to encourage Burundian government to curry out a judicial investigation so as to lead to the identification and the proceeding of the authors, taking into consideration, the cooperation between the DRC’s government and Burundian one; 

 Considering the Resolution nº1577 (2004) of the Security Counsel of the United Nations of  5093 th  of its session of 1st December 2004,  where it condemns the massacres of Gatumba and asking for legal proceedings of the authors. Furthermore, the Security counsel was wondering, since the FNL-PALIPEHUTU of Agathon RWASA recognized its responsibility on Gatumba massacres;

Considering all elements as presented above, the victims of genocide of Gatumba and all those pleading for the protection of the Human rights are asking the following:

1. Government of Burundi

-          Currying out an independent investigation,  prosecuting and judging the authors of the genocide of Gatumba,  committed against Congolese Tutsi Banyamulenge;

-          Preventing the integration of FNL-PALIPEHUTU to the Government of Burundi, notably Agathon RWASA who is the head of this ethnic movement, but also Pasteur HABIMANA, the spokesman of the same movement;

-          Guaranteeing the security to Congolese refugees Banyamulenge within different refugee’s camps in Burundi.

2. Government of the Democratic Republic of Congo

-          Currying out an independent investigation, prosecuting into courts the authors of the genocide of Gatumba, committed against Congolese Tutsi Banyamulenge;

-          Insuring an unconditional return of all Banyamulenge Refugees present on different refugee’s camps in Burundi, Rwanda, Tanzania, Uganda and Kenya;

-          Insuring the security of all Congolese in general and particularly Congolese Tutsi ;

-          Ending different violations of Human Rights against Congolese Tutsi Banyamulenge.

3. Governments of the Great lakes region

-          Currying out a join and independent investigation, cooperating and prosecuting the authors of the genocide of Gatumba;

-          Providing the cooperation structures and efficient mechanisms so as to destroy different coalition of negative forces operating within the Great lakes region;

-          Fighting against all acts and initiatives relating to genocide ideology within the Great lakes region;

-          Convincing the Security Counsel of the United Nations that the massacres of Gatumba is a crime of Genocide;

4. Security Counsel of the United Nations, European Union and African Union

-          Recognizing that the massacres against Banyamulenge refugees at Gatumba in Burundi is a crime of Genocide;

-          Conducting the investigation so as to identify, prosecuting into court the responsible of the same crime;

-          Asking for both Governments of Burundi and Democratic Republic of Congo to deal with negatives forces responsible of the crime of Gatumba present in their respective governments

-          Submitting the case of the genocide of Gatumba to the Prosecutor of the International Criminal Court for investigation and prosecution.

5. Prosecutor of the International Criminal Court

-          Receiving testimonies from  the victims of the genocide of Gatumba;

-          Currying out investigation on the Genocide of Gatumba through different sources notably States, the United Nations’s branches, Intergovernmental and non government organizations and other sources;

-          Currying out his own investigation relating the Genocide of Gatumba.

6. Organizations of Human rights

-          Putting into place the system of mobilization, using and supporting nationals, regional and international mechanisms, so as the responsible of the genocide of Gatumba be arrested end prosecuted, and this may be an answers to the right on justice and reparation;

Making pressure to the governments of Burundi and Congo, but also  the Great Lakes Region  in order to prosecute the responsible of the genocide of Gatumba.