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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