Resolution on the Situation in the Pool Division of the Republic of Congo
We the participants at the Forum on NGO Participation at the 35th Ordinary Session of the African Commission on Human and Peoples’ Rights and at the 9th Book Fair on Human and Peoples’ Rights in Africa, held at the Kairaba Beach Hotel, Banjul, from 18 – 20 May, 2004,
Taking note that on 17 May, 2003, an agreement for peace and an end to hostilities was signed between the Congolese Minister of State, Mr. Isidore MVOUBA, and the President of the National Resistance Council, Reverend Pasteur NTOUMI (CNR);
Considering that more than one year after the signing of this agreement for peace and an end to hostilities, the POOL Division is still enduring the ravages of the war; the Congolese people in this Division are still plagued by the atrocities committed both by the Reverend Pasteur NTOUMI’s militia as well as the Congolese Army; the question of the return of displaced persons and disarmament of combatants is yet to be resolved;
In view of the alarming report on the situation in the POOL Division of the Republic of Congo, presented on 3 September, 2003, by the United Nations Office for Humanitarian Affairs;
Considering the provisions of the international instruments relating to the protection of human rights, the developments in international criminal law and the provisions of the African Charter on Human and Peoples’ Rights;
The NGO Forum urges the African Commission on Human and Peoples Rights to enjoin
1. the parties to the POOL Division conflict to
- cease all hostilities forthwith and establish a veritable cease fire in the Division, in accordance with the 17 May, 2003 Agreement,
- proceed with the disarmament of warring parties and the handing over of these arms to the “ad hoc” Committee provided for by the 17 May, 2003 Agreement.
- participate fully in the restoration of security and freedom of movement within the POOL Division.
2. the Congolese Government to
- pursue and try the perpetrators of international crimes in the POOL Division,
- adopt an internal law adapting the statutes of the International Criminal Court including the definition of crimes, the general principles of International Criminal Law, and Cooperation between the Congolese State and the Organs of the Court,
- ensure the safety of displaced Congolese originally from the POOL Division repatriated to the Division;
- allow national and international human rights organisations to go to and travel within the POOL division to verify full compliance with the 17 March, 2003 Agreement.
Done in Banjul, May 20th, 2004
