MSF and the Temoignages

The second period of deportations, although involving fewer people, was argu-ably the most serious in terms of the human rights violations carried out by the GoA. These abuses were well documented, mainly because the MSF systemati-cally recorded the testimonies ( temoignages ) of deported women. The first waves of expulsions were announced by the local NGO Butoke in February 2007 in Western Kasai, where 5,000 returning Congolese registered with Caritas in the diocese of Luiza. Yet despite these early indicators, response by the international community was slow, and it was not until the end of the year that there was any significant humanitarian response. Even this limited response emerged only as a result of unprecedented action—at the boundaries of its mandate—by MSF.

In response to successive calls from local NGOs, OCHA led an interagency mission from Kinshasa to Western Kasai between April 12 and 14 in which OCHA, UNHCR, MONUC, and Caritas divided up their information gather-ing into the sectors in which they held expertise (Office for the Coordination of Humanitarian Affairs 2007). The report of the mission noted that deportees were arriving in “deplorable conditions” and documented thirty-four cases of rape and sexual violence by Angolan military and police. However, the report

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also maintained that the situation was “not a humanitarian crisis,” and stated that “the mission judges that the situation, although worrying, is stable: it is not a catastrophe or humanitarian crisis” (Office for the Coordination of Humanitar-ian Affairs 2007). Instead, it highlighted the need to work through local partners to ensure better food security, the protection of the most vulnerable groups, and access to health care, water, and sanitation; malnutrition was cited as the biggest problem. According to an internal document of one humanitarian organization, however, the OCHA-led mission had stayed for only four hours in Luiza and five hours in Tshikapa. The same organization would later argue that OCHA “should have sent a plea to the authorities in Kinshasa concerning the situation” and it questioned “the lack of transparency, responsibility and professionalism of dif-ferent humanitarian actors [involved in that mission].” ¹¹

Deportation continued throughout the summer months with virtually no in-tervention from the international humanitarian or diplomatic community. On October 12, Dr. Cecile De Sweemer, a Butoke consultant based in Western Kasai, alerted MSF’s Pool d’Urgence Congolais (PUC)—its emergency response team in Kinshasa—about a worrying situation. The NGO reported receiving a sig-nificant number of Congolese women who had suffered sexual violence during their expulsion from Angola. ¹² In response, a PUC team of four to five people left Kinshasa on October 23, arriving in Western Kasai for a fifteen-day mission to analyze the health situation of the women in consultation with other organi-zations, to begin to record testimonies of the women, and to offer care for the victims of sexual violence.

MSF staff were shocked by the accounts of sexual violence that they heard in the testimonies of women deported from the Lunda Norte towns. The patterns in the testimonies were almost identical. The Congolese settlements in Lunda Norte were encircled at night by Angolan soldiers, who arrived in several trucks. The men would often try to flee the site, leaving the women alone with their children.

The soldiers entered the houses in groups of at least five. They made the women lie on ground at gunpoint and then systematically gang-raped them in front of their children, saying in French the same comments: “Prostitute of Congo. Go home. Here is not your country. Pack up your things. We are raping you so that you will not come back.” The women and children were then led away in hand-cuffs, and the villages were ransacked and set on fire.

On average the women spent three to seven days in detention, generally in military bases in Dundo or Nzaji, in overcrowded and unsanitary conditions, detained alongside their children and without access to food or water. In deten-tion, they were often escorted outside at night, where they were gang-raped by their guards. They were either forced to walk 200 kilometers to the border—

over a period of a few days to two weeks—or piled into overcrowded trucks and

transported. During the journey, they passed a number of checkpoints, often being raped at each. As they approached the border, they were held again at a destination around three hours walk away from the border, where they were sub-jected to unsanitary body searches of the anus and vagina. In the words of one woman: “They performed anal and vaginal searches, one after the other without protection.” Men were also subjected to brutal violence, including mutilation and summary execution. On arrival at the border, most had been robbed of all their possessions and found no assistance in terms of water, food, or access to medical care (Médecins Sans Frontières 2007). ¹³

The reports that MSF sent back to Kinshasa and Brussels reveal that staff members who took the testimonies were themselves traumatized by the accounts they heard, with one staff member commenting that “the most difficult thing was the heaviness of the testimonies.” Given the gap in action by other international actors, MSF decided it had to act. It sent a team to the border town of Kamako in Western Kasai, where it was to set up a main clinic and four mobile clinics across the region. It arrived on November 27 with a mandate to care for the deported women who had suffered sexual violence. However, within two days of beginning consultations in a tent on November 28, it was confronted by the people of the local community, who also wanted health care, and so the organization broadened its treatment to include the local population. Alongside its health-related work, MSF’s press officer continued to record testimonies from the deported women.

MSF (2007) published the testimonies of one hundred women interviewed in Kamako. On December 5, it organized three simultaneous press conferences in Kinshasa, Brussels, and Johannesburg to publicize the findings of the testi-monies. The testimonies provide harrowing accounts of abuse, detention, rapes, and beatings by Angolan military and police. One typical example is taken from a thirty-one-year-old woman, married with four children, who, having spent four years living and working in Maludi in Angola, was expelled in May 2007:

At 7 pm, the soldiers came with a truck. There was a whole battalion.

My husband ran away. Husbands flee because they do not want to see their wives being raped. And in general, they get beaten up even harder in front of their wives. Four soldiers came into my house. They began to beat me with sticks. They ordered me to lie down and then raped me, in the anus and the vagina, one after the other. I was taken to prison with the children. I was in there for four days. We were given nothing to eat or to drink. In the prison, there were eight men, four women and children. We defecated in the room. On the first three days, I was beaten and raped every day by four soldiers, always the same men. The other women were subjected to the same treatment. They threw insults

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at us: “Look at their breast, look at their buttocks. You’re going to leave everything here.” We walked for 12 days and passed four checkpoints. At the first checkpoint, the whole group was beaten up and then they let us go. At the second checkpoint, we were also beaten up. A soldier forced me into his hut and raped me. The other women were subjected to the same treatment. The same thing happened at the third checkpoint. At the fourth checkpoint, I was raped by two soldiers on the side of the road—and so were the other women. At the two borders, there were no incidents. I re-entered Congo at Kassa Mai. Shortly after Kassa Mai, my five year old child died of exhaustion. His body was thrown in the bush.

I did not have any medical examination because I could not pay for one. I have no news from my husband. I do not know if he is still alive.

(Médecins Sans Frontières 2007)

On a medical level, the MSF intervention had limited effectiveness. Most of the women had suffered sexual violence more than 72 hours earlier than they presented to MSF. This meant that there was nothing that could be done much medically in terms of HIV prevention. The only real support that MSF could offer was treatment of other STDs and tetanus or hepatitis B shots. Given MSF’s primary role as a provider of medical assistance, this made its role questionable and highly contested. Fabienne de Laval, now deputy director of MSF-Belgium, who was present at the time, argued:

I didn’t agree with the project we did. We were nine months too late. The big deportation was July and August 2007. . . . Somebody had spoken to the women and heard about the horrors. But most of the facts were from six to nine months before . . . as everywhere in DRC, we were in an area where access to health care is nearly zero, and we were coming with a very vertical project on just rape, which in a community is not ac-cepted because you are only treating three people, when there are hun-dreds of people dying of anemia, malaria. . . . People were trickling in, but it is nearly impossible to access them on a however-long borderline.

It is very difficult to pinpoint entry points. It is impossible to get access to post-exposure prophylaxis for HIV because it takes you 24 hours to get to the next village. The medical intervention was not viable unless we had been there at the peak of deportation. ¹⁴

The recognition that the main time period for viable intervention had elapsed led to a redefinition of the MSF mission to monitor the deportation situation after the December press conference, to offer some medical support to women suf-fered sexual violence, and to try to coordinate a wider response by other NGOs

to address malnutrition and malaria. MSF met these aims by establishing a clinic at Kamako for women suffering sexual violence and four mobile clinics in sur-rounding villages, all of which also opened their services to people from the local community. However, overall, MSF was able to contribute very little in medical terms, and its mission closed on February 1, 2008.

Nevertheless, in its less conventional role as the only organization that docu-mented and disseminated testimonies of the human rights violations, MSF made a significant impact, filling a gap that other organizations notably failed to ad-dress. Fabienne de Laval, in spite of her reservations about the overall mission, confirmed: “We did get temoignage of women who had really been violated in horrendous situations. . . . We highlighted the people on the Angolan side who were the abusers. We had a press conference in Congo, Johannesburg, and Brus-sels. For me, that was a positive outcome.” ¹⁵ Indeed, there is evidence that the testimonies and subsequent press conference made a difference. The press con-ference coincided with the anniversary of the Universal Declaration of Human Rights (UDHR), and the MSF testimonies were raised in Luanda by the head of the Office of the High Commissioner for Human Rights (OHCHR) Angola Of-fice at events to mark the anniversary. ¹⁶ On the very same day, the deputy chief of staff of the FAA, General Geraldo Sachipengo Nunda, publicly promised to investigate the allegations. General Nunda followed through on this commit-ment, calling for a change in the way in which future deportations would be conducted. As Helene Lorinquer, MSF-B’s analysis and advocacy coordinator, observed: “One person took the lead for pushing change within the Angolan gov-ernment, and two to three people within the military were sanctioned.” ¹⁷ After December 11, there was reduction in the number of expulsions: their frequency was reduced, the number of people deported declined, those deported did not generally suffer invasive body searches, most were not incarcerated, they were brought in trucks rather than being forced to walk to the border, and levels of sexual violence were reduced (Médecins Sans Frontières 2008). MSF argued that this shift could be traced directly to its own role: “One can reasonably believe that the reduction in the expulsions, and the end of mistreatment, are linked to the impact of the activities of MSF (the press conference and the presence on the bor-der over several weeks).” However, it also accurately foresaw that “it should not be excluded that new waves may begin [again] following the cessation of our activi-ties or the approach of the Angolan elections” (Médecins Sans Frontières 2008).