AFRICA - House Foreign Affairs Committee Democrats

146
ment that could not be satisfied under war conditions. Moreover, in practice the
Government continued to ban any political activity by opposition groups beyond
small administrative meetings. On April 29, the Interior Minister stated that no political
party was authorized to operate unless it conformed to the decree and that
no non-profit organization was authorized to operate unless it conformed to Decree
No. 195.
In July 1999, Kabila issued a presidential decree that legalized the CPP’s and proclaimed
that all political activity must pass through the CPP’s, which he leads. This
decree was criticized widely.
Individuals from opposition parties served in Kabila’s Government, but in their
individual capacities (see Section 3). Political party offices generally remained open,
and parties continued internal administrative functions. At different times and for
different periods, the headquarters of various political parties were under surveillance,
padlocked, or patrolled by soldiers (see Section 3). The Government effectively
prevented public political gatherings and even arrested opposition activists engaged
in small private meetings (see Section 1.d.). The effects of the restrictions on political
parties varied widely throughout the country, and they were enforced less strictly
in some provinces.
The law allows anyone to form a new political party by registering with the Minister
of Interior; however, in practice no political parties were registered during the
year. The President’s January 1999 decree required that all political parties, including
existing parties, register. Two progovernment parties and a splinter group completed
the registration process but were not registered by year’s end. The splinter
group was a dissident faction of the UDPS. The Government recognized and registered
the group in September in an attempt to diminish the stature and political
potential of the original UDPS and its leader, Etienne Tshisekedi. The move came
shortly after Tshisekedi’s party filed a legal claim against President Kabila in a Belgian
court. The UDPS already had filed a similar claim against then-Foreign Minister
Yerodia Abdoulaye, which concluded in July with the issuance of an international
arrest warrant for Yerodia on changes of inciting racial hatred and genocide
(see Section 1.a.).
On January 16, policemen surrounded the home of Joseph Olenghankoy, president
of the FONUS opposition party, in the Ngaliema neighborhood of Kinshasa, to
disrupt a ceremony in which Olenghankoy intended to deliver a New Year’s Message.
Police arrested Mukendi Kadima, who was attending the ceremony, after they
searched him and discovered a business card belonging to the leader of the Human
Rights NGO, La Voix des Sans Voix (VSV). Mukendi was detained for 2 days and
questioned by police. Under pressure from the VSV and family members, police released
Mukendi on January 18.
On February 14, police and ANR agents in Matadi stopped five members of Bundi
Dia Kongo (BDK) and told them that the provincial governor wished to see them.
The police drove them to the train station and sent them to Kinshasa where they
were arrested and detained by the ANR. The five were detained without formal
charges until March 7; however, police claimed that they were conspiring to incite
an anti-Kabila revolt in the Bas Congo Province.
On February 29, police arrested 10 members of the UDPS opposition political
party, who reportedly were standing outside the home of party president Etienne
Tshisekedi, when they became involved in a confrontation with two women who reportedly
provoked them by singing pro-Kabila songs. Police released them on March
1 without filing any formal charges.
On April 8, police arrested 12 members of the National Alliance for Development
and Reconstruction (ANADER) in the Lemba district of Kinshasa. They were
charged with conducting political activities outlawed under Decree No. 194, which
governs political activity. Police released them on April 10.
On June 5, security agents at Ndjili airport in Kinshasa prevented leaders of opposition
parties and civil society from traveling to Cotonou, Benin, to attend preparatory
meetings for the Congolese National Dialogue (see Section 2.d.).
In November 1999, security forces arrested Cleophas Kamitatu Massamba after
he founded a political organization of former Mobutuists and criticized the Government
in a radio broadcast. On June 12, Kamitatu was sentenced to 4 years of
‘‘forced labor’’ for misappropriating state funds. The Kabila Government claimed
Kamitatu inappropriately had sold the Congolese Embassy building without government
authorization while he was ambassador to Japan several years earlier. He remained
in prison at year’s end.
NGO’s are required to register with the Minister of Justice and file copies of internal
regulations and descriptions of organizational structure. In 1999 President
Kabila promulgated a decree that restricted the activities of NGO’s, including religious
organizations, by establishing requirements for their activities. However, some
VerDate 11-MAY-2000 16:09 Sep 19, 2001 Jkt 073776 PO 00000 Frm 00146 Fmt 6633 Sfmt 6621 F:\WORK\COUNTRYR\S71555\71555.003 HINTREL1 PsN: HINTREL1