Representing opposition candidates in court in Rwanda is bound to draw the ire of President Paul Kagame, particularly with national elections coming up in August. In proof, American Attorney Peter Erlinder was arrested by Rwandan authorities on Friday, May 28th on charges of “genocide ideology” and remains in prison, having been denied bail earlier this week. Reports indicate that his health is declining and although the U.S. State Department has called for his “immediate release,” it seems unlikely that Rwanda will concede.

Erlinder, a professor at the William and Mitchell College of Law in Minnesota and the leading lawyer for the International Criminal Tribunal for Rwanda (ICTR), was representing Ms. Victoire Ingabire, the United Democratic Forces’ (FDU) presidential candidate who has been accused of genocide ideology and collaborating with a terrorist group. She has publicly recognized a genocide against both Tutsi and Hutu in 1994, a position condemned by Kagame’s Tutsi-led regime. Disagreeing with the official position of the Rwandan government amounts to “genocide negationism,” a law commonly used to quell opposition and freedom of speech.

As the lead counsel for the ICTR, Erlinder has pushed for a thorough investigation of the events that occurred in 1994, including any crimes that may have been committed by Kagame and his party. He alleges that members of the current government took part in shooting down the plane that set off the genocide, which is no doubt the primary reason Erlinder has been imprisoned. In Oklahoma in April, Erlinder filed a lawsuit on behalf of the widows of the Rwandan and Burundian presidents who died in the plane, accusing Kagame of ordering their deaths.

On the whole, Erlinder has been an outspoken advocate for human rights and the advancement of democracy in Rwanda. He has done nothing but serve his duty as a lawyer appointed to the ICTR and should be released immediately. Numerous associations of lawyers – including the National Lawyers Guild – as well as advocates for peace and justice around the world, are calling for his release. Minnesota Representatives Betty McCollum and Keith Ellison introduced a resolution (H.Res. 1426) in the U.S. House on Tuesday, June 8th, calling on Kagame to allow Erlinder to return to the United States. Africa Action encourages constituents across the country to call their members and urge them to co-sponsor this critical and urgent piece of legislation.

The trend toward restricting human rights and free speech in Rwanda is troubling. With the crackdown on journalists and opposition candidates now extended to foreign nationals, it is our hope that a stronger critique of Rwanda will begin to emerge. Since the genocide, Rwanda has been an aid investment haven (ex: $1.034 billion in U.S. taxpayer dollars since 2000 have been given to Rwanda), despite its role in pilfering mineral resources and sparking conflict in D.R. Congo. The Rwandan people deserve the opportunity to build a just and democratic society – an opportunity unlikely to be had if the current government continues jailing human rights defenders and opposition candidates.

Beth Tuckey
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Reasons for the new operation Amani Leo:
For the past six months, the Congolese National Army (FARDC) has been criticized by diplomats, civil society and human rights groups concerning allegations of violence against civilians during the military operations Umoja Wetu and Kimia II. Yet, there is new joint military operation between FARDC and the United Nations Peacekeeping Force (MONUC) called Amani Leo. This new operation between MONUC and FARDC is to neutralize and capture the Rwandan Hutu militia (FDLR) operating in DRC who participated in the1994 Rwandan genocide. The FDLR is notorious for attacking villages and civilians in furtherance of their efforts to control territory, which allows them to illegally export valuable minerals out of the DRC and fund their operations.

Previous operations Umoja Wetu and Kimia II:
The Umoja Wetu started in January 2009 after the international community urged Rwandan President Paul Kagame to use his influence on National Congress for the Defense of the People (CNDP) leader Laurent Nkunda to stop CNDP’s 2007-2008 rebellion against the Congolese government. After few weeks of negotiations, President Kagame finally offered to help locate and capture the CNDP leader Laurent Nkunda. In exchange, DRC’s President Joseph Kabila allowed the Rwandan National Army (RDP) to enter the Congo in search of the rebel Hutu FDLR.  During this operation Nkunda was arrested, transferred to Rwanda, and then replaced by another leader Bosco Ntaganda who has a warrant of arrest from International Criminal Court (ICC) on conscripting child soldiers into his militia. Former CNDP combatants were then integrated into FARDC.

In March 2009 the second operation Kimia II started. It was a joint operation by MONUC and FARDC. The Rwandan Government supported the mission, claiming that Operation Umoja Wetu had been unsuccessful and that the FDLR continued to pose a serious security threat to Rwanda. The Rwandan Government requested that the MONUC joins forces with the FARDC to combat the FDRL. The goal of this operation was an attempt to dismantle the FDLR’s military capacity. According to FARDC, the operation was a success at the end. For the first time they were able to dislodge the FDLR from areas where they had been entrenched for years and the critical mining-dependent areas were no longer controlled by FDRL. According to UN statistic, “a significant number of FDLR combatants have been given up their weapons and returned to Rwanda since the start of military operations in January 2009”.  1,798 family members of FDRL and 12,387 Rwandan refugees were sent to Rwanda.

Criticisms of Umoja Leo and Kimia II
Although the Congolese Army took control of mining sites in these operations and disarmed some FDLR combatants, FARDC and MONUC were unable to adequately protect civilian populations.  These two operations have been accompanied by horrendous abuses by both government and rebel forces against a civilian population throughout the eastern Congo. For instance, there are times that the rebel groups may target civilians to punish them for their government’s decision to launch the operations. The FARDC soldiers themselves are also accused of targeting civilians who they feel are collaborating with the FDLR. According to Human Rights Watch, “between January and September 2009, over 1,400 civilians were deliberately killed by the FDLR, the Congolese army, and their allies”. 7,000 cases of rape against women and girls were reported which indicates rates nearly double those in 2008.  And over 900,000 people were forced to flee their homes in Eastern Congo”. Human Rights Watch also reported that, “a comparison of the impact of military operations on the FDRL and the harm to civilians starkly conveys the suffering endured by the population.  84 humanitarian and human rights groups in the Congo Advocacy Coalition reported that for every FDRL combatant that has been removed from combat through being repatriated, one civilian has been killed, seven women and girls have been raped, eight homes have been destroyed, and nearly 900 people have been forced to flee for their lives. This report illustrates the unjustified costs of pursuing a military solution to rebel groups operating in the eastern provinces.

Conclusion
Although, Alan Doss, the UN representative in Congo, announced that the new plan will more focus on the protection of civilians, conducting operations targeting the FDRL in the region, clear strategic areas of negative forces, hold territory liberated from FDRL control, and assist in restoring State authority in these zones; the UN and FARDC still have not specified how this operation will achieve these objectives, and particularly have not specified how they will guarantee protection for civilians.

Military solutions shouldn’t be used to neutralize FDLR. The violence against civilians that accompanies these military operations is unacceptable. Many Congolese have lost their lives in these operations. Women and girls have been raped and near a million of people have been forced to flee their homes.  It is time for the international community and MONUC to put pressure on Rwanda to stop supporting the military joint. The UN and the international community should encourage Kagame to negotiate with the FDRL in diplomatic and democratic ways rather than pursuing only military solutions. The end of FDLR presence in Congo will put end to all types of human rights abuses and curb illegal mineral trades.  The UN should help the Congo build its capacity to monitor and regulate mining to avoid any illegal trades of minerals. For instance, the UN could send a team of independent consultants to audit the mineral supply chain and hopefully, Rwanda and Congo will find ways to collaborate through diplomatic means rather relying on military forces.
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