A/HRC/19/48 22. In March 2011, a high-level panel that went to the Democratic Republic of the Congo in October 2010, at the request of the High Commissioner, to examine remedies and reparations provided to victims of sexual violence, presented an elaborate report containing recommendations to the Government.13 In follow-up to that report, UNJHRO, in close cooperation with UN Women and with funding from the Government of Brazil, is putting in place a project to devise mechanisms that will enable the State to implement the recommendations. Particular attention is paid to mechanisms that would enable the State to fulfil its legal obligation to financially compensate victims of sexual violence committed by State agents and pilot projects on reparation to be implemented in local communities. Obstacles to the implementation of existing recommendations 23. Despite some progress, high-profile perpetrators are still rarely prosecuted and the criminal justice system remains structurally dysfunctional. However, obstacles to the fight against sexual violence go beyond the weakness of State institutions and are related to cultural and socio-economic issues. Victims are often reluctant to disclose what has taken place and to initiate legal processes, fearing rejection by their community. Out-of-court settlements, although prohibited by the 2006 law on sexual violence, are still often pursued by victims and their families. Apart from strengthening State responses to cases of sexual violence, the root causes must be addressed, notably women’s precarious and disadvantaged socio-economic position in Congolese society. D. Violation of economic and social rights and illegal exploitation of natural resources Existing recommendations 24. Various recommendations have been made to the Congolese Government to take comprehensive measures to address the illegal exploitation of natural resources in the country and increase transparency in revenue collection, in particular by mapping those actors exploiting natural resources in the east. The High Commissioner also recommended that the Government prioritize the allocation of its resources to progressively realize human rights, in particular economic and social rights, including free access to primary education and affordable basic health care.14 Measures taken by the Government and current situation 25. In an effort to curb illegal exploitation of natural resources, the Government decided on 20 September 2010 to suspend mining activities in Maniema, and in North and South Kivu.15 This suspension had a limited deterrent effect and, in fact, proved to be detrimental to the livelihoods of thousands of artisanal miners and the local economy. The suspension was lifted by the Government on 1 March 2011. In May 2011, the Government also took measures to improve transparency in both the origins of minerals, through developing 13 14 15 10 OHCHR “Remedies and Reparations for Victims of Sexual Violence in the DRC,” 3 March 2011, available at http://www.ohchr.org/EN/countries/AfricaRegion/Pages/ZRIndex.aspx. See footnote 3. Ministerial Decree No. 0705/CAB.MIN/MINES/01/2010 of 20 September 2010, suspending mining activities in the provinces of Maniema, North Kivu and South Kivu; and Ministerial Decree No.0706/CAB.MIN/MINES/01/2010 of the same date, laying down urgent measures to set the previous decree.

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