A/HRC/33/36 helped to better document the abuses committed and have also facilitated early warning of other abuses through their deterrent effect on some combatants from armed groups. 3. Due diligence with regard to human rights and the role of the United Nations Joint Human Rights Office 50. The reporting period was marked by the application of the new procedure for implementation of the due diligence policy with regard to human rights, adopted on 21 May 2015 by MONUSCO and the country team and managed by a secretariat under the Director of the Office. This procedure focuses in particular on assessing the risk of human rights violations by non-United Nations defence and security forces to which MONUSCO could provide logistical and/or operational support. It reinforces dialogue with the authorities to ensure that these risks are better taken into account in the joint planning of military support, so that appropriate prevention measures are adopted. The risk assessment is carried out with the help of expertise from different units of MONUSCO and United Nations specialized agencies. It helps to place in perspective the risks and benefits of support, in order to calculate the impact on the fulfilment of the Mission’s mandate, including the protection of civilians and the fight against impunity. 51. During the reporting period, the Mission identified models for risk mitigation measures, including by means of support to military operations. These measures are being implemented. MONUSCO has sometimes denied support to units or officers when it has found that there was a previous history of serious violations, that the risk of recurrence of such violations was high or that sufficient preventive measures were not taken. The secretariat of the due diligence policy with regard to human rights conducted 272 risk assessments related to requests for support by the Congolese national police and FARDC in relation to 1,301 individuals. Information gathered by the Office as part of its monitoring and investigation functions proved crucial to MONUSCO in terms of its ability to assess and provide support to military operations. F. Fight against impunity 52. The Human Rights Committee has called on the Government to ensure that all human rights violations brought to its attention are investigated and that those responsible for them are duly punished. 17 During the universal periodic review in 2014, it was recommended that the Government should take measures to combat impunity by adapting national legislation to the Rome Statute and that it should apply a policy of zero tolerance to persons who have committed violations of human rights and of international humanitarian law. 1. Current situation and action taken by the Government 53. Important developments have been observed in the fight against impunity during the reporting period. According to information made available to the United Nations Joint Human Rights Office, at least 246 FARDC soldiers and 78 officers of the Congolese national police were convicted in the Democratic Republic of the Congo for acts constituting human rights violations. 18 54. For example, on 16 September 2015, the High Military Court upheld the conviction of Colonel Mukalayi for the murder of human rights defender Floribert Chebeya and his driver on 2 June 2010, but reduced his sentence to 15 years’ imprisonment. Colonel 17 18 12 CCPR/C/COD/CO/3, para. 10. These are figures covering the period from June 2015 to April 2016. GE.16-13984

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents