20 11 12 AMNESTY INTERNATIONAL : Civilian protection urged as tens of thousands flee escalation in fighting

"All parties to the conflict must protect civilians from attack
and respect international humanitarian law, as hostilities get closer to densely
populated areas."

Since the M23 was created in April 2012, Amnesty
International has documented numerous human rights abuses attributed to its
fighters – including unlawful killings, forced recruitment of children and young
adults, and rape.

The latest clashes bring to a close three months of de
facto truce between the national army and the M23, which controls most of the
Rutshuru territory in North Kivu.

Despite the FARDC receiving support
from UN MONUSCO peacekeepers’ attack helicopters, on 17 November the M23 overran
the city of Kibumba, 30km north of Goma. The Rwandan-backed armed group then
continued their advance towards Goma.  

Fear of being caught in the
crossfire has forced some 70,000 internally displaced people (IDPs) living in
the Kanyaruchinya camp 10 kilometres outside Goma to flee again. The M23 is now
reportedly strengthening its positions in the Munigi area, just outside
Goma.

The majority of displaced people from Kanyaruchinya have now
crossed Goma to join other IDPs in the Mugunga camp, where the humanitarian
situation is critical.

“As the fighting encroaches on Goma, the
Congolese army and MONUSCO should take coordinated measures to ensure civilians
are protected against the effects of future attacks,” said
Shetty.

According to a UN statement, the M23 is now well equipped with
heavy weapons, including 120mm mortars. Such weapons may have indiscriminate
effects if used in densely populated areas.

With FARDC military
installations and equipment located in Goma’s densely populated centre, there is
increasing risk for the civilian population.

“The Congolese army should
avoid placing military targets within densely populated areas to spare the
civilian population, in case the M23 launches an offensive,” said Shetty.

Amnesty International also calls on the FARDC to stop allying itself
with other local armed groups – some of whom are already involved in abuses
against the civilian population – in the fight against the M23.

MONUSCO
has a strong mandate to ensure the protection of civilians, including
humanitarian personnel, under imminent threat of physical violence.

"UN
peacekeepers must do more to avert a looming civilian protection catastrophe,”
said Shetty.

"This must be matched with concrete measures by the
international community to end violations of the UN arms embargo and prevent
supplies of weapons to armed groups in eastern DR Congo."

In July of
this year, Amnesty International documented M23 using Rwandan recruits and
weapons supplied by Rwanda. The organization also documented numerous violations
of international humanitarian law and human rights abuses committed by the M23,
including forced recruitment of children.

The UN Group of Experts on the
DRC also accused Uganda of providing support to the M23.

Although Rwanda
and Uganda have breached a UN arms embargo, the UN Security Council has yet to
take concrete measures to press them to halt support to the M23.

Both
Rwanda and Uganda have publicly denied providing support to the M23.

The M23 armed
group

M23 is named after a failed peace agreement signed on 23
March 2009 and composed of soldiers who defected from the FARDC in April 2012.
Most were previously members of the National Congress for the Defense of the
People (CNDP), another Rwanda-backed armed group that integrated into the
Congolese armed forces in 2009.

M23 is led by Bosco Ntaganda, a former
General in the Congolese army who is under an International Criminal Court
arrest warrant, and Colonel Sultani Makenga, recently placed on the UN sanctions
list for recruitment of child soldiers.