136-638: Niemba is a town in the Democratic Republic of Congo , Katanga Province . It is situated on the Lukuga River , a tributary of the Lualaba river . The population is around 1,800. It is connected by rail to Kalemie . This Democratic Republic of the Congo location article is a stub . You can help Misplaced Pages by expanding it . Democratic Republic of Congo DR Congo , officially
272-1005: A League of Nations mandate over the previously German colony of Ruanda-Urundi . During World War II , the Belgian Congo provided a crucial source of income for the Belgian government in exile in London, and the Force Publique again participated in Allied campaigns in Africa . Belgian Congolese forces under the command of Belgian officers notably fought against the Italian colonial army in Ethiopia in Asosa , Bortaï and Saïo under Major-General Auguste-Eduard Gilliaert . In May 1960,
408-642: A car bomb in Buenos Aires , Argentina , in 1974. A year later, the deaths of 119 opponents abroad were claimed as the product of infighting between Marxist factions, the DINA setting up a disinformation campaign to propagate this thesis, Operation Colombo . The campaign was legitimized and supported by the leading newspaper in Chile, El Mercurio . Other prominent victims of Operation Condor included, among thousands of less famous persons, Juan José Torres ,
544-410: A kleptocracy as Mobutu and his associates embezzled government funds. In a campaign to identify himself with African nationalism, starting on 1 June 1966, Mobutu renamed the nation's cities: Léopoldville became Kinshasa (the country was known as Congo-Kinshasa), Stanleyville became Kisangani , Elisabethville became Lubumbashi , and Coquilhatville became Mbandaka . In 1971, Mobutu renamed the country
680-717: A statute of limitations , in international criminal law . On December 20, 2006, the United Nations General Assembly adopted the International Convention for the Protection of All Persons from Enforced Disappearance . In international human rights law , disappearances at the hands of the state has been labelled as "enforced" or "forced disappearances" since the Vienna Declaration and Program of Action . For example,
816-488: A United States Central Intelligence Agency (CIA) communication base in Panama . Pinochet justified these operations as being necessary in order to save the country from communism . Some political scientists have ascribed the relative bloodiness of the coup to the stability of the existing democratic system, which required extreme action to overturn. Some of the most famous cases of human rights violations occurred during
952-621: A campaign against Congolese ethnic Tutsis in eastern Zaire. A coalition of Rwandan and Ugandan armies invaded Zaire to overthrow the government of Mobutu, launching the First Congo War. The coalition allied with some opposition figures, led by Laurent-Désiré Kabila , becoming the Alliance of Democratic Forces for the Liberation of Congo . In 1997 Mobutu fled and Kabila marched into Kinshasa, naming himself as president and reverting
1088-782: A ceasefire, a plane crash near Ndola resulted in the death of Dag Hammarskjöld , the Secretary-General of the United Nations , along with all 15 passengers, setting off a succession crisis. Amidst widespread confusion and chaos, a temporary government was led by technicians (the Collège des commissaires généraux ). Katangan secession ended in January 1963 with the assistance of UN forces . Several short-lived governments of Joseph Ileo , Cyrille Adoula , and Moise Kapenda Tshombe took over in quick succession. Meanwhile, in
1224-541: A consequence of exploitation and disease. In some areas the population declined dramatically – it has been estimated that sleeping sickness and smallpox killed nearly half the population in the areas surrounding the lower Congo River. News of the abuses began to circulate. In 1904, the British consul at Boma in the Congo, Roger Casement , was instructed by the British government to investigate. His report, called
1360-478: A convention within the framework of the United Nations. This was followed by the deliberations of the 1981 Paris Colloquium submitted by Louis Joinet in the form of a draft subcommittee in August 1988. Several governments, international organizations and non-governmental organizations responded to the invitation of Secretary-General Kofi Annan to provide comments and observations to the project. On 20 December 2006,
1496-686: A growing nationalist movement, the Mouvement National Congolais led by Patrice Lumumba , won the parliamentary elections . Lumumba became the first Prime Minister of the Republic of the Congo, on 24 June 1960. The parliament elected Joseph Kasa-Vubu as president , of the Alliance des Bakongo ( ABAKO ) party. Other parties that emerged included the Parti Solidaire Africain led by Antoine Gizenga , and
SECTION 10
#17327867751991632-579: A joint Anglo-Belgian-Portuguese invasion of German colonial territory in 1916 and 1917 during the East African campaign . The Force Publique gained a notable victory when it marched into Tabora in September 1916 under the command of General Charles Tombeur after heavy fighting. After 1918, Belgium was rewarded for the participation of the Force Publique in the East African campaign with
1768-460: A lack of infrastructure, corruption, and centuries of both commercial and colonial extraction and exploitation, followed by more than 60 years of independence, with little widespread development. Besides the capital Kinshasa, the two next largest cities, Lubumbashi and Mbuji-Mayi , are both mining communities. The DRC's largest export is raw minerals, with China accepting over 50% of its exports in 2019. In 2021, DR Congo's level of human development
1904-673: A mission of the Inter-American Commission to Argentina , which confirmed the systematic practice of enforced disappearances by successive military juntas. Despite the exhortations of non-governmental organizations and family organizations of the victims, in the same resolution of 31 October 1979, the General Assembly of the OAS issued a statement, after receiving pressure from the Argentine government, in which only
2040-648: A monopoly over violence and resource extraction. The most violent of these concession regions, were surrounding rubber plantations. Concession regions would align with villages, employing local chiefs to aid in enforce strict quotas. Failure to comply or to meet quotas would result in kidnaping of family, held ransom until quotas could be met or physical violence. Violence was carried out by "village sentries," European militias employed to ensure collection. These sentries were granted full impunity for violence, without proper oversight were known to kill and eat underperforming workers. During 1885–1908, millions of Congolese died as
2176-682: A press conference "They are just that… desaparecidos . They are not alive, neither are they dead. They are just missing". It is thought that between 1976 and 1983 in Argentina, up to 30,000 people (8,960 named cases, according to the official report by the CONADEP ) were killed and in many cases disappeared. In an originally classified cable first published by John Dinges in 2004, the Argentine 601st Intelligence Battalion, which started counting victims in 1975, in mid-1978 estimated that 22,000 persons had been killed or "disappeared". Since 2010, under
2312-627: A result of its use by military dictatorships in Latin America during the dirty wars. However, it has occurred all over the world. According to the Rome Statute of the International Criminal Court , which came into force on July 1, 2002, when committed as part of a widespread or systematic attack directed at any civilian population, enforced disappearance qualifies as a crime against humanity , not subject to
2448-588: A specific jurisprudence on enforced disappearance. The United Nations Human Rights Committee , established in 1977 in accordance with article 28 of the International Covenant on Civil and Political Rights to monitor compliance by states parties with their obligations, issued in March 1982 and July 1983, two sentences condemning the State of Uruguay for the cases of Eduardo Bleier, a former member of
2584-578: A third even further east and south around the Upemba Depression . By the 13th century there were three main confederations of states in the western Congo Basin around Pool Malebo. In the east were the Seven Kingdoms of Kongo dia Nlaza , considered to be the oldest and most powerful, which likely included Nsundi , Mbata , Mpangu , and possibly Kundi and Okanga . South of these was Mpemba which stretched from modern-day Angola to
2720-501: A universal mandate." Its main task "is to assist families in determining the fate or whereabouts of their family members who have reportedly disappeared." In August 2014, the working group reported 43,250 unresolved cases of disappearances in 88 different states. The International Convention for the Protection of All Persons from Enforced Disappearance , adopted by the UN General Assembly on December 20, 2006, states that
2856-680: Is Kinshasa , which is also the economic center. The country is bordered by the Republic of the Congo , Central African Republic , South Sudan , Uganda , Rwanda , Burundi , Tanzania (across Lake Tanganyika ), Zambia , Angola , the Cabinda exclave of Angola , and the South Atlantic Ocean . Centered on the Congo Basin , the territory of the Congo was first inhabited by Central African foragers around 90,000 years ago and
SECTION 20
#17327867751992992-613: Is a member of the United Nations , Non-Aligned Movement , African Union , COMESA , Southern African Development Community , Organisation Internationale de la Francophonie , and Economic Community of Central African States . The Democratic Republic of the Congo is named after the Congo River , which flows through the country. The Congo River is the world's deepest river and the world's third-largest river by discharge . The Comité d'études du haut Congo ("Committee for
3128-580: Is estimated that 500 babies born in this way were given for informal adoption to families with close ties to the military. Eventually, many of the captives were heavily drugged and loaded onto aircraft, from which they were thrown alive while in flight over the Atlantic Ocean in " death flights " ( vuelos de la muerte ) to leave no trace of their death. Without any bodies, the government could deny any knowledge of their whereabouts and accusations that they had been killed. The forced disappearances were
3264-436: The 2018 general election , in the country's first peaceful transition of power since independence, Kabila was succeeded as president in a highly contentious election won by Félix Tshisekedi , who has served as president since. Since 2015, eastern Congo has been the site of an ongoing military conflict . The Democratic Republic of the Congo is extremely rich in natural resources but has suffered from political instability,
3400-595: The Algerian Civil War , which began in 1992 as militant Islamist guerrillas attacked the military government that had annulled an Islamic Salvation Front victory, thousands of people were forcibly disappeared. Disappearances continued up to the late 1990s, but thereafter dropped off sharply with the decline in violence in 1997. Some of the disappeared were kidnapped or killed by the guerrillas but others are presumed to have been taken by state security forces under Mohamed Mediène . This latter group has become
3536-579: The Awami League regime, at least 500 people – most of whom are opposition leaders and activists – have been declared disappeared in Bangladesh by the state security forces . According to the report of a domestic human rights organization, 82 people have disappeared from January to September 2014. After the disappearances, at least 39 of the victims were found dead while others remained missing. On 25 June 2010, an opposition leader Chowdhury Alam
3672-469: The Casement Report , confirmed the accusations of humanitarian abuses. The Belgian Parliament forced Leopold II to set up an independent commission of inquiry. Its findings confirmed Casement's report of abuses, concluding that the population of the Congo had been "reduced by half" during this period. Determining precisely how many people died is impossible, as no accurate records exist. In 1908,
3808-592: The Conference of Berlin in 1885 and made the land his private property. He named it the Congo Free State . Leopold's regime began various infrastructure projects, such as the construction of the railway that ran from the coast to the capital of Leopoldville (now Kinshasa), which took eight years to complete. In the Free State, colonists coerced the local population into producing rubber, for which
3944-547: The Congo Free State , Belgian Congo , the Republic of the Congo-Léopoldville , the Democratic Republic of the Congo and the Republic of Zaire , before returning to its current name the Democratic Republic of the Congo. At the time of independence, the country was named the Republic of the Congo-Léopoldville to distinguish it from its neighbour Congo , officially the Republic of the Congo . With
4080-567: The Congo River . It included various kingdoms such as Mpemba Kasi and Vunda . To its west across the Congo River was a confederation of three small states; Vungu (its leader), Kakongo , and Ngoyo . The Kingdom of Kongo was founded in the 14th century and dominated the western region. The empire of Mwene Muji was founded around Lake Mai-Ndombe. From the Upemba Depression the Luba Empire and Lunda Empire emerged in
4216-521: The Democratic Republic of the Congo , also known as the DRC , Congo-Kinshasa or simply Congo , is a country in Central Africa . By land area, DR Congo is the second-largest country in Africa and the 11th-largest in the world . With a population of around 109 million, the Democratic Republic of the Congo is the most populous Francophone country in the world. The national capital and largest city
Niemba - Misplaced Pages Continue
4352-717: The European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, became a single permanent and binding court for all the Member States of the Council of Europe. Although the European Convention does not contain any express prohibition of the practice of enforced disappearance, the Court dealt with several cases of disappearance in 1993 in the context of the conflict between
4488-507: The Garamba National Park . The war in the Congo has been described as the bloodiest war since World War II. In 2009, The New York Times reported that people in the Congo continued to die at a rate of an estimated 45,000 per month – estimates of the number who have died from the long conflict range from 900,000 to 5,400,000. The death toll is caused by widespread disease and famine; reports indicate that almost half of
4624-583: The General Assembly of the United Nations again discussed disappearances in its resolution 32/118. By then, the Nobel Prize winner Adolfo Pérez Esquivel had made an international appeal that, with the support of the French government, obtained the response of the General Assembly in the form of resolution 33/173 of 20 December 1978, which specifically referred to "missing persons" and requested
4760-695: The Institute des droits de l'homme du Barreau de Paris (Institute of Human Rights of the Paris Law School) organized a high-level symposium to promote an international convention on disappearances, followed by several draft declarations and conventions proposed by the Argentine League for Human Rights, FEDEFAM at the annual congress of Peru in 1982 or the Colectivo de Abogados José Alvear Restrepo from Bogotá in 1988. In that same year,
4896-650: The Inter-American Court of Human Rights promulgated the first convictions declaring the State of Honduras guilty of violating its duty to respect and guarantee the rights to life, liberty, and personal integrity of the disappeared Angel Manfredo Velásquez Rodríguez . Rodríguez was a Honduran student kidnapped in September 1981 in Tegucigalpa by heavily armed civilians connected with the Honduran Armed Forces and Saúl Godínez Cruz. Since
5032-527: The Kongo language (also called Kikongo ). According to American writer Samuel Henry Nelson: "It is probable that the word 'Kongo' itself implies a public gathering and that it is based on the root konga , 'to gather' (trans[itive])." The modern name of the Kongo people, Bakongo , was introduced in the early 20th century. The Democratic Republic of the Congo has been known in the past as, in chronological order,
5168-629: The National Congress for the Defence of the People (CNDP), which began an armed rebellion against the government. In March 2009, after a deal between the DRC and Rwanda, Rwandan troops entered the DRC and arrested Nkunda and were allowed to pursue FDLR militants. The CNDP signed a peace treaty with the government in which it agreed to become a political party and to have its soldiers integrated into
5304-682: The Norwegian Refugee Council , the situation in the DRC became much worse in 2016 and 2017 and is a major moral and humanitarian challenge comparable to the wars in Syria and Yemen, which receive much more attention. Women and children are abused sexually and "abused in all possible manners". Besides the conflict in North Kivu , violence increased in the Kasai region . The armed groups were after gold, diamonds, oil, and cobalt to line
5440-591: The Republic of Zaire , its fourth name change in eleven years and its sixth overall. The Congo River was renamed the Zaire River. During the 1970s and 1980s, Mobutu was invited to visit the United States on several occasions, meeting with U.S. Presidents Richard Nixon , Ronald Reagan and George H. W. Bush . Following the dissolution of the Soviet Union U.S. relations with Mobutu cooled, as he
5576-454: The Second Congo War from 1998 to 2003, which resulted in the deaths of 5.4 million people and the assassination of President Laurent-Désiré Kabila . The war ended under President Joseph Kabila , who governed the country from 2001 to 2019 and under whom human rights in the country remained poor and included frequent abuses such as forced disappearances , torture, arbitrary imprisonment and restrictions on civil liberties. Following
Niemba - Misplaced Pages Continue
5712-460: The Second World War , the Nuremberg trials brought to public attention to the Nacht und Nebel decree, one of the most prominent antecedents of the crime of enforced disappearance. The trials included the testimony of 20 of those persons considered a threat to the security of Nazi Germany and whom the regime detained and condemned to death in the occupied territories of Europe. However, the executions were not carried out immediately; at one time,
5848-407: The State Security Committee of the Republic of Belarus (KGB) had had them under constant surveillance, the official investigation announced that the case could not be solved. The investigation of the disappearance of journalist Dzmitry Zavadski in 2000 has also yielded no results. Copies of a report by the Parliamentary Assembly of the Council of Europe , which linked senior Belarusian officials to
5984-523: The US and to the extradition of Michael Townley , a US citizen who worked for the DINA and had organized Letelier's assassination. Other targeted victims, who survived assassination attempts, included Christian-Democrat politician Bernardo Leighton , who barely escaped an assassination attempt in Rome in 1975 by the Italian neo-fascist terrorist Stefano delle Chiaie (the assassination attempt seriously injured Leighton and his wife, Anita Fresno, leaving her permanently disabled); Carlos Altamirano ,
6120-453: The "Democratic Republic of the Congo". In 1971 Mobutu changed the name again, this time to "Republic of Zaire". Mobutu had the staunch support of the United States because of his opposition to communism ; the U.S. believed that his administration would serve as an effective counter to communist movements in Africa. A single-party system was established, and Mobutu declared himself head of state . He periodically held elections in which he
6256-459: The 100,000 Europeans who had remained behind after independence fled the country. After the United Nations rejected Lumumba's call for help to put down the secessionist movements, Lumumba asked for assistance from the Soviet Union, who accepted and sent military supplies and advisers. On 23 August, the Congolese armed forces invaded South Kasai . Lumumba was dismissed from office on 5 September 1960 by Kasa-Vubu who publicly blamed him for massacres by
6392-432: The 15th and 17th centuries respectfully dominated the eastern region. Belgian exploration and administration took place from the 1870s until the 1920s. It was first led by Henry Morton Stanley , who undertook his explorations under the sponsorship of King Leopold II of Belgium . The eastern regions of the precolonial Congo were heavily disrupted by constant slave raiding , mainly from Arab–Swahili slave traders such as
6528-415: The 1988 discovery of the Semliki harpoon at Katanda , one of the oldest barbed harpoons ever found, believed to have been used to catch giant river catfish . Bantu peoples reached Central Africa at some point during the first millennium BC, then gradually started to expand southward. Their propagation was accelerated by the adoption of pastoralism and of Iron Age techniques. The people living in
6664-536: The Belgian Congo and the majority of Leopold II's administration with him. Opening up the Congo and its natural and mineral riches to the Belgian economy remained the main motive for colonial expansion – however, other priorities, such as healthcare and basic education, slowly gained in importance. Colonial administrators ruled the territory and a dual legal system existed (a system of European courts and another one of indigenous courts, tribunaux indigènes ). Indigenous courts had only limited powers and remained under
6800-463: The Belgian Congo. The railway first commenced in the Congo in 1910, reaching a 800-km network of track. In 1923 the colonial capital moved from Boma to Léopoldville, some 300 kilometres (190 mi) further upstream into the interior. The transition from the Congo Free State to the Belgian Congo was a break, but it also featured a large degree of continuity. The last governor-general of the Congo Free State, Baron Théophile Wahis , remained in office in
6936-486: The Belgian parliament, in spite of initial reluctance, bowed to international pressure (especially from the United Kingdom ) and took over the Free State from King Leopold II. On 18 October 1908, the Belgian parliament voted in favour of annexing the Congo as a Belgian colony. Executive power went to the Belgian minister of colonial affairs , assisted by a Colonial Council (Conseil Colonial) (both located in Brussels). The Belgian parliament exercised legislative authority over
SECTION 50
#17327867751997072-430: The Central African Republic on behalf of its former president, Ange-Félix Patassé . Talks led to a peace accord under which Kabila would share power with former rebels. By June 2003 all foreign armies except those of Rwanda had pulled out of Congo. A transitional government was set up until after the election. A constitution was approved by voters, and on 30 July 2006 DRC held its first multi-party elections . These were
7208-531: The Chilean military's seizure of power on 11 September 1973, the military junta led by the then commander-in-chief Augusto Pinochet banned all the leftist parties that had constituted the democratically elected president Salvador Allende 's UP coalition. All other parties were placed in "indefinite recess", and later banned outright. The regime's violence was directed not only against dissidents, but also against their families and other civilians. The Rettig Report concluded 2,279 persons who disappeared during
7344-408: The Commission on Human Rights to make appropriate recommendations. On 6 March 1979, the Commission authorized the appointment as experts of Dr. Felix Ermacora and Waleed M. Sadi, who later resigned due to political pressure, to study the question of the fate of disappearances in Chile , issuing a report to the General Assembly on 21 November 1979. Felix Ermacora's report became a reference point on
7480-558: The Communist Party of Uruguay, residing in Hungary and Israel, disappeared after his arrest in 1975 in Montevideo , and Elena Quinteros Almeida, missing since her arrest at the Venezuelan Embassy in Montevideo in June 1976, in an incident that led to the suspension of diplomatic relations between the two countries. In its judgments, the Committee relied on a number of articles of the International Covenant, in particular, those relating to "the right to liberty and personal security", "the right of detainees to be treated humanely and with respect to
7616-504: The Congo , led by Congolese warlord Jean-Pierre Bemba . The two rebel movements, along with Rwandan and Ugandan troops, started the Second Congo War by attacking the DRC army in 1998. Angolan, Zimbabwean, and Namibian militaries entered the hostilities on the side of the government. Kabila was assassinated in 2001. His son Joseph Kabila succeeded him and called for multilateral peace talks. UN peacekeepers, MONUC, now known as MONUSCO , arrived in April 2001. In 2002–03 Bemba intervened in
7752-416: The Congo territory from the colonial nations of Europe in 1885 and declared the land his private property, naming it the Congo Free State . From 1885 to 1908, his colonial military forced the local population to produce rubber and committed widespread atrocities . In 1908, Leopold ceded the territory, which thus became a Belgian colony . Congo achieved independence from Belgium on 30 June 1960 and
7888-412: The DROC , and RDC (in French). Before Bantu expansion , the territory comprising the Democratic Republic of the Congo was home to Central Africa's oldest settled groups, the Mbuti peoples . Most of the remnants of their hunter-gatherer culture remain in the present time. The geographical area now known as the Democratic Republic of the Congo was populated as early as 90,000 years ago, as shown by
8024-467: The Declaration included as the primary obligation of States to enact specific criminal legislation, unlike the Convention against Torture, the principle of universal jurisdiction was not established nor was it agreed that the provisions of the Declaration and the recommendations of the Working Group were legally binding so that only a few states took concrete steps to comply with them. The United Nations Declaration, despite its shortcomings, served to awaken
8160-423: The French expert in the then Sub-commission on Prevention of Discrimination and Protection of Minorities , Louis Joinet, prepared the draft text to be adopted in 1992 by the General Assembly with the title Declaration on the Protection of All Persons Against enforced disappearances. The definition presented was based on the one traditionally used by the Working Group on Enforced or Involuntary Disappearances. Although
8296-414: The Parti National du Peuple led by Albert Delvaux and Laurent Mbariko . The Belgian Congo achieved independence on 30 June 1960 under the name "République du Congo" ("Republic of Congo" or "Republic of the Congo" in English). Shortly after, on 15 August 1960, the neighboring French colony of Middle Congo also gained independence and adopted the same name, ' Republic of Congo .' To avoid confusion between
SECTION 60
#17327867751998432-410: The Simba rebels by November 1965. Lumumba had previously appointed Mobutu chief of staff of the new Congo army, Armée Nationale Congolaise . Taking advantage of the leadership crisis between Kasavubu and Tshombe, Mobutu garnered enough support within the army to launch a coup. A constitutional referendum the year before Mobutu's coup of 1965 resulted in the country's official name being changed to
8568-406: The Study of the Upper Congo"), established by King Leopold II of Belgium in 1876, and the International Association of the Congo , established by him in 1879, were also named after the river. The Congo River was named by early European sailors after the Kingdom of Kongo and its Bantu inhabitants, the Kongo people , when they encountered them in the 16th century. The word Kongo comes from
8704-422: The Turkish security forces and members or supporters of the Kurdish Workers Party (PKK) from the Kurdish region to the southeast of Turkey. Another body providing the basis for the legal definition of the crime of enforced disappearance was the Human Rights Chamber for Bosnia and Herzegovina , a human rights tribunal established under Annex 6 of the Dayton Peace Agreement of 14 December 1995 which, although it
8840-433: The United Nations General Assembly adopted the text of the International Convention on the Forced Disappearance of Persons after more than 25 years of development and was signed in Paris on 6 February 2007 at a ceremony to which representatives of the 53 first signatory countries attended and in which 20 of them immediately ratified it. On 19 April 2007, the Commission on Human Rights updated the list of countries that ratified
8976-469: The armed forces in South Kasai and for involving Soviets in the country. On 7 September, Lumumba made a speech to the Congolese House of Representatives, arguing his dismissal was illegal under the nation's laws. Congolese law gave parliament, not the president, the authority to dismiss a government minister. The House and Senate both rejected the dismissal of Lumumba, but the removal proceeded unconstitutionally. On 14 September, Colonel Joseph Mobutu , with
9112-412: The backing of the US and Belgium, removed Lumumba from office. On 17 January 1961, Lumumba was handed over to Katangan authorities and executed by Belgian-led Katangan troops. A 2001 investigation by Belgium's Parliament found Belgium "morally responsible" for the murder of Lumumba, and the country has since officially apologised for its role in his death. On 18 September 1961, in ongoing negotiations of
9248-414: The cases of disappearances, were confiscated. In December 2019, Deutsche Welle published a documentary film in which Yury Garavski, a former member of a special unit of the Belarusian Ministry of Internal Affairs , confirmed that it was his unit which had arrested, taken away, and murdered Zecharanka and that they later did the same with Viktar Hanchar and Anatol Krassouski. Almost immediately after
9384-499: The commission and the most important body of the United Nations that has since been dealing with the problem of disappearances in cases that can be attributed to governments, as well as issuing recommendations to the commission and governments on the improvement of the protection afforded to miss persons and their families and to prevent cases of enforced disappearance. Since then, different causes began to be developed in various international legal bodies, whose sentences served to establish
9520-403: The conflict was estimated to escalate starvation in about two million children. Enforced disappearance An enforced disappearance (or forced disappearance ) is the secret abduction or imprisonment of a person with the support or acquiescence of a state followed by a refusal to acknowledge the person's fate or whereabouts with the intent of placing the victim outside the protection of
9656-440: The convention, which included 59 nations. Since the establishment of the Working Group on Enforced or Involuntary Disappearances of the United Nations Commission on Human Rights (CHR) in 1980, the crime of enforced disappearance has proved to be a global problem, affecting many countries on five continents. It is the subject of a special follow-up by the HRC which regularly publishes reports on its complaint and situation, as well as
9792-416: The country to the "Democratic Republic of the Congo", but the change was not made. The country's name was later restored by President Laurent-Désiré Kabila when he overthrew Mobutu in 1997. To distinguish it from the neighboring Republic of the Congo, it is sometimes referred to as Congo (Kinshasa) , Congo-Kinshasa , or Big Congo . Its name is sometimes also abbreviated as Congo DR , DR Congo , DRC ,
9928-591: The crime. The convention establishes a Committee on Enforced Disappearances, which will be charged with important and innovative functions of monitoring and protection at an international level. Currently, an international campaign called the International Coalition against Enforced Disappearances is working towards universal ratification of the convention. Disappearances work on two levels: not only do they silence opponents and critics who have disappeared, but they also create uncertainty and fear in
10064-525: The crimes. During Argentina 's Dirty War and Operation Condor , many alleged political dissidents were abducted or illegally detained and kept in clandestine detention centers such as Navy Petty-Officers School or "ESMA", where they were questioned, tortured, and almost always killed. There were about 500 clandestine detention camps , including those of Garaje Azopardo and Orletti. These places of torture, located mostly in Buenos Aires , contributed up to 30,000 desaparecidos, or disappeared persons, to
10200-466: The demands for the government initiatives to probe such disappearances, investigations into such cases were absent. In 1999 opposition leaders Yury Zacharanka and Viktar Hanchar , as well as his business associate Anatol Krasouski, disappeared. Hanchar and Krasouski disappeared the same day of a broadcast on state television in which President Alexander Lukashenko ordered the chiefs of his security services to crack down on "opposition scum". Although
10336-472: The dictatorship to find the children born in captivity during the Dirty War, and later to determine the culprits of crimes against humanity and promote their trial and sentencing. Some 500 children are estimated to have been illegally given for adoption; 120 cases had been confirmed by DNA tests as of 2016 . The term desaparecidos was used by de facto President General Jorge Rafael Videla , who said in
10472-456: The disappeared person. The convention contains several provisions concerning the prevention, investigation, and sanctioning of this crime. It also contains provisions about the rights of victims and their relatives, and the wrongful removal of children born during their captivity. The convention further sets forth the obligation of international cooperation, both in the suppression of the practice and in dealing with humanitarian aspects related to
10608-716: The early period: in October 1973, at least 70 people were killed throughout the country by the Caravan of Death . Charles Horman , a journalist from the US , "disappeared", as did Víctor Olea Alegría , a member of the Socialist Party , and many others, in 1973. Mathematician Boris Weisfeiler is thought to have disappeared near Colonia Dignidad , a German colony founded by Nazi Christian minister Paul Schäfer in Parral , which
10744-602: The east of the country, Soviet and Cuban-backed rebels called the Simbas rose up, taking a significant amount of territory and proclaiming a communist "People's Republic of the Congo" in Stanleyville. The Simbas were pushed out of Stanleyville in November 1964 during Operation Dragon Rouge , a military operation conducted by Belgian and American forces to rescue hundreds of hostages. Congolese government forces fully defeated
10880-670: The express definition of the crime of enforced disappearance had not yet been defined, the Court had to rely on different articles of the American Convention on Human Rights of 1969. Other rulings issued by the Inter-American Court condemned Colombia , Guatemala (for several cases including the call of the "street children"), Peru , and Bolivia . In Europe, the European Court of Human Rights , established in 1959, in accordance with article 38 of
11016-544: The firm control of the colonial administration. The Belgian authorities permitted no political activity in the Congo whatsoever, and the Force Publique put down any attempts at rebellion. The Belgian Congo was directly involved in the two world wars. During World War I (1914–1918), an initial stand-off between the Force Publique and the German colonial army in German East Africa turned into open warfare with
11152-611: The first free national elections since 1960, which many believed would mark the end to violence in the region. However, an election-result dispute between Kabila and Bemba turned into a skirmish between their supporters in Kinshasa. MONUC took control of the city. A new election took place in October 2006, which Kabila won, and in December 2006 he was sworn in as president. Laurent Nkunda , a member of Rally for Congolese Democracy–Goma , defected along with troops loyal to him and formed
11288-695: The first international human rights bodies to react to the phenomenon of disappearances, following complaints made in connection with the Chilean military coup of September 11 , 1973. The report of the Working Group to Investigate the Situation of Human Rights in that country, which was submitted to the United Nations Commission on February 4, 1976, illustrated such a case for the first time, when Alfonso Chanfreau , of French origin,
11424-601: The first legally binding instrument on the subject, and entered into force on 28 March 1996, after its ratification by eight countries: Argentina, Panama, Uruguay, Costa Rica, Paraguay, Venezuela, Bolivia and Guatemala. In view of the meager success of the United Nations Declaration, a non-binding instrument that could only marginally influence the practice of enforced disappearances, a number of non-governmental organizations and several experts proposed strengthening protection against disappearances, adopting
11560-707: The former President of Bolivia , assassinated in Buenos Aires on 2 June 1976; Carmelo Soria , a UN diplomat working for the CEPAL , assassinated in July 1976; and Orlando Letelier , a former Chilean ambassador to the United States and minister in Allende's cabinet, assassinated after his release from internment and exile in Washington D.C. by a car bomb on 21 September 1976. This led to strained relations with
11696-642: The highest levels of sexual violence in the world. According to the Human Rights Watch and the New York University-based Congo Research Group, armed troops in DRC's eastern Kivu region have killed over 1,900 civilians and kidnapped at least 3,300 people since June 2017 to June 2019. On 10 May 2018, Congolese gynecologist Denis Mukwege was awarded the Nobel Peace Prize for his effort to end
11832-462: The individuals who have died are children under five years of age. There have been frequent reports of weapon bearers killing civilians, of the destruction of property, of widespread sexual violence, causing hundreds of thousands of people to flee their homes, and of other breaches of humanitarian and human rights law. One study found that more than 400,000 women are raped in the Democratic Republic of Congo every year. In 2018 and 2019, Congo reported
11968-419: The infamous Tippu Tip , who was well known to Stanley. Leopold had designs on what was to become the Congo as a colony. In a succession of negotiations, Leopold, professing humanitarian objectives in his capacity as chairman of the front organization Association Internationale Africaine , actually played one European rival against another. King Leopold formally acquired rights to the Congo territory at
12104-519: The inherent dignity of the human being" and "the right of every human being to the recognition of his juridical personality", while in the case of Quinteros, it was solved for the first time in favor of the relatives considered equally victims. In 1983, the Organization of American States (OAS) declared by its resolution 666 XIII-0/83 that any enforced disappearance should be described as a crime against humanity. A few years later, in 1988 and 1989,
12240-425: The knowledge of the attack. The Rome Statute defines enforced disappearances differently than international human rights law: [T]he arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, to remove them from
12376-521: The late 1960s, Mobutu continued to shuffle his governments and cycle officials in and out of the office to maintain control. Joseph Kasa-Vubu's death in April 1969 ensured that no person with First Republic credentials could challenge his rule. By the early 1970s, Mobutu was attempting to assert Zaire as a leading African nation. He traveled frequently across the continent while the government became more vocal about African issues, particularly those relating to
12512-401: The law and in the manner prescribed therein. Those requesting, facilitating, executing, or executing arbitrary orders must be punished... Art. 12. The guarantee of the rights of man and of the citizen needs a public force. This force is therefore instituted for the benefit of all, and not for the particular utility of those who are in charge of it. Throughout the nineteenth century, along with
12648-483: The law, and the right of presumption of innocence . Their families, who often spend the rest of their lives searching for information on the disappeared, are also victims. According to the Rome Statute establishing the International Criminal Court , enforced disappearances constitute a crime against humanity when committed as a part of a widespread or systematic attack directed against any civilian population with
12784-408: The law. Often, forced disappearance implies murder whereby a victim is abducted , may be illegally detained , and is often tortured during interrogation, ultimately killed, and the body disposed of secretly. The party committing the murder has plausible deniability as there is no evidence of the victim's death. Enforced disappearance was first recognized as a human rights issue in the 1970s as
12920-811: The leader of the Chilean Socialist Party, targeted for murder in 1975 by Pinochet; Volodia Teitelboim , writer and member of the Communist Party ; Pascal Allende , the nephew of Salvador Allende and president of the MIR , who escaped an assassination attempt in Costa Rica in March 1976; and US Congressman Edward Koch , who received death threats and was the potential assassination target by DINA and Uruguayan intelligence officers for his denunciation of Operation Condor. Furthermore, according to current investigations, Eduardo Frei Montalva ,
13056-437: The legal issue of crime by including a series of conclusions and recommendations which were later collected by international organizations and bodies. Meanwhile, during the same year, the General Assembly of the Organization of American States adopted a resolution on Chile on 31 October, in which it declared that the practice of disappearances was "an affront to the conscience of the hemisphere", after having sent in September
13192-510: The military dictatorship were killed for political reasons or as a result of political violence, and approximately 31,947 were tortured according to the later Valech Report , while 1,312 were exiled. The latter were chased all over the world by the intelligence agencies . In Latin America , this was made under the auspices of Operation Condor , a combined operation between the intelligence agencies of various South American countries, assisted by
13328-467: The military junta's attempt to silence the opposition and break the determination of the guerrillas. Missing people who are presumed to have been murdered in this and other ways are today referred to as "the disappeared" ( los desaparecidos ). Activist groups Mothers of the Plaza de Mayo and Grandmothers of the Plaza de Mayo were formed in 1977 by mothers and grandmothers of the "disappeared" victims of
13464-408: The most controversial. Their exact numbers remain disputed, but the government has acknowledged a figure of just over 6,000 disappeared, now presumed dead. The war claimed a total toll of 150,000–200,000 lives. In 2005 a controversial amnesty law was approved in a referendum. It granted financial compensation to families of the "disappeared", but also effectively ended the police investigations into
13600-542: The name of the country to the Democratic Republic of the Congo. Kabila later requested that foreign military forces return to their own countries. Rwandan troops retreated to Goma and launched a new Tutsi-led rebel military movement called the Rassemblement Congolais pour la Democratie to fight Kabila, while Uganda instigated the creation of a rebel movement called the Movement for the Liberation of
13736-553: The national army in exchange for the release of its imprisoned members. In 2012 Bosco Ntaganda , the leader of the CNDP, and troops loyal to him, mutinied and formed the rebel military March 23 Movement (M23), claiming the government had violated the treaty. In the resulting M23 rebellion , M23 briefly captured the provincial capital of Goma in November 2012. Neighboring countries, particularly Rwanda, have been accused of arming rebel groups and using them as proxies to gain control of
13872-721: The official UN report of 2009, of the 82 countries where the cases of missing persons were identified, the largest number (more than 1000) transmitted were: Iraq (16,544), Sri Lanka (12,226), Argentina (3,449), Guatemala (3,155), Peru (3,009), Algeria (2,939), El Salvador (2,661) and Colombia (1,235). Other countries with numerous cases under denunciation (between 1000 and 100) are: Chile (907), China (116), Congo (114), Ethiopia (119), Philippines (780), Honduras (207), India (430), Indonesia (165), Iran (532), Lebanon (320), Morocco (268), Mexico (392), Nepal (672), Nicaragua (234), Russian Federation (478), Sudan , Yemen (155) and East Timor (504). During
14008-479: The overall count in the Dirty War. The victims would be shipped to places like a garage or basement and tortured for multiple days. Many of the disappeared were people who were considered to be a political or ideological threat to the military junta . The Argentine military justified torture to obtain intelligence and saw the disappearances as a way to curb political dissidence. Abducted pregnant women were kept captive until they gave birth, then often killed. It
14144-536: The people were deported to Germany and imprisoned at locations such as the Natzweiler-Struthof concentration camp , where they ended up disappearing and no information about their whereabouts and fate was given as per point III of the decree: III. …In case German or foreign authorities inquire about such prisoners, they are to be told that they were arrested, but that the proceedings do not allow any further information. German Field Marshal Wilhelm Keitel
14280-459: The planned 2016 elections, which he is constitutionally barred from participating in). This bill passed; however, it was gutted of the provision that would keep Kabila in power until a census took place. A census is supposed to take place, but it is no longer tied to when the elections take place. In 2015, elections were scheduled for late 2016 and a tenuous peace held in the Congo. On 27 November 2016 Congolese foreign minister Raymond Tshibanda told
14416-464: The pockets of rich men both in the region and internationally. There were also ethnic and cultural rivalries at play, as well as religious motives and the political crisis with postponed elections. Egeland says people believe the situation in the DRC is "stably bad" but in fact, it has become much, much worse. "The big wars of the Congo that were really on top of the agenda 15 years ago are back and worsening". Disruption in planting and harvesting caused by
14552-531: The practice is specifically addressed by the OAS 's Inter-American Convention on Forced Disappearance of Persons. There is also evidence that enforced disappearances occur systematically during armed conflict, such as Nazi Germany's Night and Fog program, which constitutes war crimes. In February 1980, the United Nations established the Working Group on Enforced or Involuntary Disappearances, "the first United Nations human rights thematic mechanism to be established with
14688-411: The press no elections would be held in 2016: "it has been decided that the voter registration operation will end on July 31, 2017, and that election will take place in April 2018." Protests broke out in the country on 20 December when Kabila's term in office ended. Across the country, dozens of protesters were killed and hundreds were arrested. According to Jan Egeland , presently Secretary-General of
14824-441: The previous report of 2007, the number of cases had been 51,531 and affected 79 countries. Many of the countries in the cases are affected internally by violent conflicts, while in other countries the practice of repressive policies towards political opponents is denounced. In other countries, generally in the western and European hemispheres, there are still historical cases that remain unresolved and constitute permanent crimes. In
14960-547: The promulgation of the Luluabourg Constitution on 1 August 1964, the country became the DRC but was renamed Zaire (a past name for the Congo River) on 27 October 1971 by President Mobutu Sese Seko as part of his Authenticité initiative. The word Zaire is from a Portuguese adaptation of a Kikongo word nzadi ("river"), a truncation of nzadi o nzere ("river swallowing rivers"). The river
15096-784: The protection of the law for a prolonged period of time The crime of forced disappearance begins with the history of the rights stated in the Declaration of the Rights of Man and of the Citizen , formulated on August 26, 1789, in France by the authorities that emerged from the French Revolution , where it was already stated in Articles 7 and 12: Art. 7. No person may be charged, detained, or imprisoned except in cases determined by
15232-747: The provincial capital of Lubumbashi in 2013 and 400,000 persons displaced in the province as of 2013 . On and off fighting in the Ituri conflict occurred between the Nationalist and Integrationist Front and the Union of Congolese Patriots who claimed to represent the Lendu and Hema ethnic groups, respectively. In the northeast, Joseph Kony 's Lord's Resistance Army moved from their original bases in Uganda and South Sudan to DR Congo in 2005 and set up camps in
15368-729: The rebellion of Laurent-Desire Kabila that overthrew the Mobutu regime." In September 1997, Mobutu died in exile in Morocco. By 1996, following the Rwandan Civil War and genocide and the ascension of a Tutsi -led government in Rwanda, Rwandan Hutu militia forces ( Interahamwe ) fled to eastern Zaire and used refugee camps as bases for incursions against Rwanda. They allied with the Zairian Armed Forces to launch
15504-769: The regional project for the American continent commissioned by the OAS General Assembly in 1987, which, although drafted by the Inter-American Commission on Human Rights in 1988, was subjected to lengthy discussions and modifications that resulted in their stagnation. In June 1994, the OAS General Assembly finally approved the Inter-American Convention on the Forced Disappearance of Persons, which would be
15640-680: The resource-rich country, an accusation they deny. In March 2013, the United Nations Security Council authorized the United Nations Force Intervention Brigade to neutralize armed groups. On 5 November 2013, M23 declared an end to its insurgency. Additionally, in northern Katanga , the Mai-Mai created by Laurent Kabila slipped out of the control of Kinshasa with Gédéon Kyungu Mutanga 's Mai Mai Kata Katanga briefly invading
15776-414: The response and action of the governments concerned. The report of the 2009 Working Group recorded a total of 53,232 cases transmitted by the Working Group to Governments since their inception in 1980 and affecting 82 states. The number of cases that are still under study due to lack of clarification, closed or discontinuous cases amounts to 42,600. Since 2004 the Working Group had clarified 1,776 cases. In
15912-566: The south and southwest were foraging groups, whose technology involved only minimal use of metal technologies. The development of metal tools during this time period revolutionized agriculture. This led to the displacement of the African pygmies . Following the Bantu migrations, a period of state and class formation began circa 700 with three centres in the modern-day territory; one to the west around Pool Malebo , one east around Lake Mai-Ndombe , and
16048-519: The southern region. Zaire established semi-clientelist relationships with several smaller African states, especially Burundi, Chad, and Togo. Corruption became so common the term " le mal Zairois " or "Zairian sickness", meaning gross corruption, theft and mismanagement, was coined, reportedly by Mobutu. International aid, most often in the form of loans, enriched Mobutu while he allowed national infrastructure such as roads to deteriorate to as little as one-quarter of what had existed in 1960. Zaire became
16184-645: The spread of automobiles and development of rubber tires created a growing international market. Rubber sales made a fortune for Leopold, who built several buildings in Brussels and Ostend to honor himself and his country. To enforce the rubber quotas, the Force Publique was called in and made the practice of cutting off the limbs of the natives a matter of policy. Under the Congo Free State concessions were granted to private industry, granting
16320-492: The states in which persons had disappeared were urged to refrain from enacting or enforcing laws that might hinder the investigation of such disappearances. Shortly after the report by Félix Ermacora, the UN Commission on Human Rights considered one of the proposals made and decided on 29 February 1980 to set up the Working Group on Enforced or Involuntary Disappearances, the first of the so-called thematic mechanisms of
16456-520: The technological advancements applied to wars that led to increased mortality among combatants and damage to civilian populations, movements for humanitarian awareness in Western societies resulted in the founding of the first humanitarian organizations known as the Red Cross in 1859, and the first international typification of abuses and crimes in the form of the 1864 Geneva Convention. In 1946, after
16592-402: The two, the former Belgian Congo became known as the Democratic Republic of the Congo ( DR Congo ), while the former French colony retained the name 'Republic of the Congo' ( Congo ). Shortly after independence the Force Publique mutinied, and on 11 July the province of Katanga (led by Moïse Tshombe ) and South Kasai engaged in secessionist struggles against the new leadership. Most of
16728-527: The use of sexual violence as a weapon of war and armed conflict . In 2015, major protests broke out across the country and protesters demanded that Kabila step down as president. The protests began after the passage of a law by the Congolese lower house that, if also passed by the Congolese upper house, would keep Kabila in power at least until a national census was conducted (a process which would likely take several years and therefore keep him in power past
16864-552: The wider community, silencing others they think would oppose and criticize. Disappearances entail the violation of many fundamental human rights declared in the United Nations Universal Declaration of Human Rights (UDHR) . For the disappeared person, these include the right to liberty , the right to personal security and humane treatment (including freedom from torture), the right to a fair trial , to legal counsel and to equal protection under
17000-413: The widespread or systematic practice of enforced disappearances constitutes a crime against humanity. It gives victims' families the right to seek reparations and to demand the truth about the disappearance of their loved ones. The convention provides the right not to be subjected to enforced disappearance, as well as the right for the relatives of the disappeared person to know the truth and ultimate fate of
17136-575: Was arrested by the state police and remained missing since then. His abduction was later denied by the law enforcing agencies. On 17 April 2012, another prominent leader, Ilyas Ali , of the main opposition parties Bangladesh Nationalist Party disappeared by unknown armed personnel. The incident received much media coverage. Before the controversial national election of 2014 , at least 19 opposition men were picked up by security forces. The incidents of enforced disappearances were condemned by both domestic and international human rights organizations. Despite
17272-707: Was arrested in July 1974 at his home in Santiago de Chile. Earlier, in February 1975, the UN Commission on Human Rights had used the terms "persons unaccounted for" or "persons whose disappearance was not justified," in a resolution that dealt with the disappearances in Cyprus as a result of the armed conflict that resulted in the division of the island, as part of the two General Assembly resolutions adopted in December 1975 with respect to Cyprus and Chile. In 1977,
17408-633: Was condemned in connection with his role in the application of the "NN decree" by Adolf Hitler, although, as it had not been accepted at the time that enforced disappearances were crimes against humanity, the International Criminal Tribunal in Nuremberg found him guilty of war crimes. Since 1974, the Inter-American Commission on Human Rights and the United Nations Commission on Human Rights have been
17544-512: Was declared incompetent by ratione temporis to deal with the majority of the 20,000 cases reported, it issued a number of sentences against the Serbian Republic of Bosnia and the Republic of Bosnia and Herzegovina, which compensated several families of disappeared persons. In parallel with the resolutions of the international organizations, several non-governmental organizations drafted projects for an international convention. In 1981,
17680-468: Was immediately confronted by a series of secessionist movements , the assassination of Prime Minister Patrice Lumumba , and the seizure of power by Mobutu Sese Seko in a 1965 coup d'état . Mobutu renamed the country Zaire in 1971 and imposed a harsh personalist dictatorship until his overthrow in 1997 by the First Congo War . The country then had its name changed back and was confronted by
17816-548: Was known as Zaire during the 16th and 17th centuries; Congo seems to have replaced Zaire gradually in English usage during the 18th century, and Congo is the preferred English name in 19th-century literature, although references to Zaire as the name used by the natives (i.e., derived from Portuguese usage) remained common. In 1992, the Sovereign National Conference voted to change the name of
17952-627: Was no longer deemed necessary as a Cold War ally. Opponents within Zaire stepped up demands for reform. This atmosphere contributed to Mobutu's declaring the Third Republic in 1990, whose constitution was supposed to pave the way for democratic reform. The reforms turned out to be largely cosmetic. Mobutu continued in power until armed forces forced him to flee in 1997. "From 1990 to 1993, the United States facilitated Mobutu's attempts to hijack political change", one academic wrote, and "also assisted
18088-534: Was ranked 179th out of 191 countries by the Human Development Index and is classed as a least developed country by the UN . As of 2018 , following two decades of various civil wars and continued internal conflicts , around 600,000 Congolese refugees were still living in neighbouring countries. Two million children risk starvation, and the fighting has displaced 4.5 million people. The country
18224-504: Was settled in the Bantu expansion about 3000 to 2000 years ago. In the west, the Kingdom of Kongo ruled around the mouth of the Congo River from the 14th to 19th centuries. In the center and east, the empires of Mwene Muji , Luba , and Lunda ruled from the 15th, 16th, and 17th centuries to the late 19th and early 20th centuries. King Leopold II of Belgium formally acquired rights to
18360-422: Was the only candidate. Although relative peace and stability were achieved, Mobutu's government was guilty of severe human rights violations, political repression , a cult of personality and corruption . By late 1967 Mobutu had successfully neutralized his political opponents and rivals, either through co-opting them into his regime, arresting them, or rendering them otherwise politically impotent. Throughout
18496-471: Was used as a detention center by the DINA , the secret police. Furthermore, many other important officials of Allende's government were tracked down by the Dirección de Inteligencia Nacional (DINA) during Operation Condor . Thus, General Carlos Prats , Pinochet's predecessor and army commander under Allende, who had resigned rather than support the moves against Allende's government, was assassinated by
#198801