Nairobi/Goma  - Rebel leader Laurent Nkunda threatened to overthrow the government of the Democratic Republic of Congo, should he be excluded from negotiations to achieve a peaceful solution in the eastern part of the African state.

Warning President Joseph Kabila not to ditch talks, the Rwandan-backed rebel general told BBC radio: "If he refuses to talk now he will not be able to rule Congo and to lead it."

Kabila so far rejected direct talks with General Nkunda, saying they would be unconstitutional.

Nkunda, whose 6,000-men strong rebel army is at the edge of Goma, the capital of the North Kivu province, had not been invited to a crisis summit organized by the United Nations and the African Union last week in Nairobi, Kenya.

At the same time Nkunda his forces were still observing a ceasefire and only retaliated last week when attacked. Last week, heavy fighting occurred north of Goma between Nukunda's troops and pro-government Mai-Mai militias.

Nkunda claims to be fighting for the rights of eastern Congo9s Tutsi minority, while the Mai-Mai say they are battling Tutsi rebels who have crossed over from neighbouring Rwanda.

At least 250,000 people have fled their homes because of the fighting since August. (dpa)