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M23 extraditions stall as Kigali, Congo argue

Saturday February 08 2014
m23

M23 rebels withdraw from Goma after regional leaders brokered a deal in 2012. Photo/FILE

Rwanda says the Democratic Republic of Congo (DRC) government has not acted on Kigali’s request for further details about the former M23 leaders and commanders Kinshasa wants extradited, a few days after the matter cropped up at the United Nations Security Council.

Last week, DRC’s ambassador to the UN, Ignace Gata Mavita wa Lufuta, accused Rwanda of failing to act on Congo’s request last July for the extradition of four M23 leaders. He asked the UNSC to urge both Rwanda and Uganda to co-operate by arresting and handing over wanted M23 commanders to Congolese judicial bodies.

Minister for Justice Johnston Busingye however dismissed the claims, saying Rwanda was the last to contact Kinshasa over the issue and there had been no response since.

“When the DRC government wrote to us requesting for the extradition of former M23 members, we wrote back asking them to send the details that were missing in the extradition request before we could consider looking at the request,” Mr Busingye told Rwanda Today.

“We informed them that we would co-operate but there are requirements that are supposed to be met by an international extradition request, and these had not been honoured in the first request.

“I don’t think the ball is in our court.”

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READ: Rwanda says DR Congo a 'cry baby'

In August, Mr Busingye wrote to his Congolese counterpart, Wivine Mumba, requesting for legal documents that were missing from the extradition request, including records of the suspects, charges and evidence against them, as well as legal references forming the basis of prosecution of each suspect. However, according to the Justice minister, Kinshasa did not respond to the letter.

The former M23 leaders who Kinshasa is seeking to put on trial in Congo are Jean-Marie Runiga and military commanders Col Baudouin Ngaruye, Eric Badege and Innocent Zimurinda.

Rwanda had said it would not send them prior to a UN assessment and observance of international laws, with the Minister of Foreign Affairs Louise Mushikiwabo adding that Kigali did not extradite suspects to countries that still had the death penalty in their laws.

Appeal to UN

Mr Runiga led the group across the border into Rwanda in March last year as they fled fighting between two M23 factions. They never returned to Congo, instead opting to denounce rebellion and apply for asylum while the faction led by Col Sultani Makenga carried on with the rebellion.

Stuck with the 680 former rebels who are held in internment camp in Eastern Province district of Ngoma, Rwanda appealed to the UN to help determine the fate of the former fighters.

READ: Take us home, former M23 fighters tell Kigali

Finally, in December, the United Nations High Commission for Refugees (UNHCR) yielded to Rwanda’s appeals, agreeing to carry out an assessment for the former rebel fighters with the Ministry of Disaster Management and Refugee Affairs (Midmar).

READ: UN team arrives in Rwanda to screen former M23 fighters

According to Disaster Management Minister Mukantaba Seraphine, the profiling of the ex-combatants interned in Ngoma is ongoing.

“The exercise was supposed to last a few weeks but we later realised there was too much work involved and, as we speak, the exercise is ongoing and it is not expected to end until maybe the end of March,” Ms Mukantabana said.

According to Midmar, four officials from UNHCR Geneva, Division of the International Protection “DIP” and the Regional Bureau for Africa lead the mission of assessors which arrived in December.

The profiling aims at collecting through an individual interview relevant and specific data, personal history and intentions in order to assess and determine possible and realistic solutions for the concerned individuals.

A report will be submitted to competent UN organs and other international community actors to decide the ex-fighters’ fate.

Rwanda is hosting about 770 M23 ex-combatants, including 682 who entered the country last March and 95 causalities brought in by the Red Cross following the conflict between the Congolese military, FARDC, and the then rebels in November.

Another group of ex-M23 combatants that is led by Col Makenga is stuck in Uganda.

READ: Uganda’s dilemma over Makenga as M23 gives in