Detention of human rights defender, Mr Golden Misabiko, and intimidation of other members of ASADHO/Katanga

Monday, August 3, 2009
Posted in Human Rights | Tagged Human Rights

The president of the Katanga branch of the Association Africaine de Défense des Droits de l’Homme - ASADHO (African Association for the Defence of Human Rights), Mr Golden Misabiko was arrested on 24 July 2009 together with ASADHO/Katanga’s vice-president, Mr Timothee Mbuya. Members of ASADHO/Katanga have been the subject of intimidation since the publication of a report which exposes illegal small-scale exploitation of uranium in the Shinkolobwe mine, Katanga province, on 13 July 2009.

The report that motivated the arrest, entitled ‘Shinkolobwe Uranium Mine: the illicit small-scale exploitation agreement between the Democratic Republic of Congo and the French nuclear group AREVA’, was published by ASADHO/Katanga on 13 July 2009.
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Please copy the enclosed letter and send it to the address provided. You can also print out the text only version of the letter attached, sign it and post it off.

President Joseph Kabila,

C/O Mission permanente de la

République démocratique du Congo

auprés de l’Office des Nations Unies

et des institutions spécialisees à Genève

Avenue de Budé) Local 1822

1202 Genève

Switzerland

Your Excellency

Members of ASADHO/Katanga have been the subject of intimidation since the publication of a report which exposes illegal small-scale exploitation of uranium in the Shinkolobwe mine, Katanga province, on 13 July 2009.

On 23 July 2009, Golden Misabiko and Timothee Mbuya received an invitation to appear at the headquarters of the Agence Nationale de Renseignements - ANR (National Intelligence Agency).

The following day, on 24 July, Golden Misabiko contacted the ANR Deputy Provincial Director to ascertain the reasons why they were summoned to appear at ANR offices. They were then informed that the meeting was for a general discussion on the issues raised by their report on Shinkolobwe mine.

However, upon their arrival at the ANR headquarters, at approximately 12.50 pm, Golden Misabiko and Timothee Mbuya were arrested, questioned and accused of publishing false information. Timothy Mbuya was released several hours later, at 7.45 pm, while Golden Misabiko remained in detention. The next day, 25 July, he was transferred from the ANR headquarters into the custody of the Office of the Prosecutor, where he is currently held.

The report denounces the continuing small-scale exploitation of Shinkolobwe mine, which was officially closed by a presidential decree in January 2004. The report details the mining of Shinkolobwe by illegal small-scale miners who extract highly radioactive uranium, copper and cobalt with the complicity of elements of the army.

In the report, ASADHO/Katanga demands that a contract signed in March 2009 between the DRC and the French nuclear group AREVA be made public and denounces the lack of transparency in the deal and the non-application of the principle of public tender.

The report also highlights the failure by the DRC Government to take adequate security measures to prevent the illegal exploitation of the mine, which in 2004 resulted in the collapse of some sections of the mine and the killing of over 100 people, as well as the absence of an effective national policy to protect the health of the people against the danger of uranium ore.

Following publication of the report, Timothee Mbuya was contacted on 21 July 2009 by the Chief of Staff of the Provincial Minister of the Interior, who invited him to participate in the Provincial Security Council’s visit to Shinkolobwe mine at 7 am the next day.

Due to the short notice, Timothee Mbuya decided not to participate. On 22 July, during the visit to the Shinkolobwe site, the Provincial Minister of the Interior gave media interviews in which he denied the illegal small-scale exploitation of Shinkolobwe mine and insisted that the visible traces of exploitation on the mine’s surface were insignificant.

He maintained that ASADHO/Katanga had published the report to please their financial donors.

I believe that the arrest and questioning of Timothee Mbuya and Golden Misabiko and the latter’s ongoing detention are directly related to their legitimate activities in defence of human rights, especially the environmental rights of people in the Democratic Republic of Congo.

I am deeply concerned for the physical and psychological integrity of Mr Golden Misabiko while in detention.

I urge the authorities in the Democratic Republic of Congo to:

1. Immediately and unconditionally release Mr Golden Misabiko, as I believe that he is being held solely as a result of his legitimate and peaceful work in defence of human rights;

2. Ensure that the treatment of Golden Misabiko while in detention adheres to all those conditions set out in the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, adopted by General Assembly resolution 43/173 of 9 December 1988;

3. Take all necessary measures to put an end to intimidation of members of ASADHO/Katanga, and ensure their physical and psychological integrity;

4. Guarantee in all circumstances that human rights defenders in the Democratic Republic of Congo are able to carry out their legitimate human rights activities without fear of reprisals, and free of all restrictions including judicial harassment.

Yours sincerely

NAME ————————-

ADDRESS ————————-

ADDRESS ————————–
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