A/HRC/10/59
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Displacement (E/CN.4/1998/53/Add.2) into its domestic law. As a first step the
Government, with expert technical advice, should develop a legislative framework, a
strategy and a plan of action for the implementation of these obligations. Meanwhile, the
donor community should begin prioritizing support to vulnerable host communities in
areas of refuge as well as early recovery activities in return areas.
108. There is a risk that internally displaced persons cannot exercise their right to vote
and be elected if the local elections planned for 2009 would take place before they can
return. The National Election Commission, in cooperation with MONUC and other
partners, should ensure registration of the displaced as voters and be supported to find
ways to ensure (e.g. through provisions on absentee voting) that the displaced can in fact
exercise their political rights.
109. In addition, and also to build a more inclusive society generally, the Government
should launch a campaign in the eastern DRC to provide national identification and
electoral cards to anyone qualifying for DRC nationality under the new nationality law of
12 November 2004. Implementation should be guided by a rebuttable presumption that
those who currently live or prior to the armed conflict have lived in the DRC are
considered nationals of the DRC. Solving the problem of nationality of
Kinyarwanda-speaking Congolese would enhance their sense of belonging, their
participation in social life and contribute to reverse the widespread prejudice that this
group is composed of “foreigners”.
110. These initiatives should be complemented by local conflict resolution and ethnic
reconciliation initiatives involving all sectors of society including women, returnees as well
as IDPs and refugees awaiting their return.
7. Providing access to health care, especially for marginalized groups
111. In line with its human rights obligations, the Government has to make efforts to
progressively re-establish a functioning and accessible health system in the country, while
ensuring minimum standards right away. It should prioritize immediate action to ensure
that displaced populations have access to medical services, safe water and sanitation in
order to avert the growing public health crisis. The specific health needs, especially those of
particularly vulnerable groups, like women and children, need to be identified to ensure
provision of adequate medical care and prevention of further health problems. In
particular, urgent steps must be taken to ensure that fees do not become an obstacle for
poor and vulnerable populations to access essential health care as such fees often are a key
reason why persons with illnesses that could easily be treated die. The immediate
abolishment of fees for forensic medical certificates for victims of sexual and gender-based
violence should be a first step. The seven thematic special procedures call upon the donor
community to continue supporting the national health system as a priority, in particular its
support for groups in a vulnerable situation. In areas of crisis, relevant agencies should
focus on improving coordination mechanisms to ensure adequate and prioritized response
to the health crisis.
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