A/HRC/10/59
page 7
14. The institutional structure to promote and protect human rights remains weak. The DRC
lacks an independent national human rights institution. The National Human Rights Monitoring
Centre, which existed under the Transitional Constitution has been abolished and has yet to be
replaced. When this report was finalized, a bill to establish a new National Human Rights
Commission had been approved by the Senate, but was still under consideration by the National
Assembly.
15. At the executive branch level, in October 2008, the Government restored the status of the
Ministry of Human Rights as a separate ministry. However, its effectiveness is limited due to an
insufficient allocation of resources, in particular field presences in the various provinces.
16. On the non-governmental level, there are many individuals and organizations committed to
actively defending human rights, although a number of Government authorities, and society at
large, often fail to appreciate the legitimacy and importance of their work.
A. General human rights situation
17. The most recent reports of the Secretary-General and the High Commissioner for Human
Rights on the DRC1 and numerous non-governmental reports reviewed by the authors reaffirm
that the overall human rights situation in the DRC remains a cause of serious concern.
18. Despite the successful conclusion of the electoral process and the transition to an elected
Government, serious violations of civil and political rights continue to take place. Members of
the Armed Forces of the DRC (FARDC) and the National Congolese Police (PNC) continue to
be responsible for serious human rights violations, including summary executions, rape, torture
and cruel, inhuman or degrading treatment. Members of the national intelligence services, both
civil and military, have been implicated in politically motivated human rights violations, mainly
arbitrary arrests, detention at undisclosed locations and torture and extortion. United Nations
human rights monitors generally do not have access to detention facilities of the National
Intelligence Agency (ANR), the Special Police (Kin Mazière), the Republican Guard (GR) and
military intelligence.
19. The national security forces and armed groups, as well as political, judicial and
administrative officials, targeted journalists and human rights defenders, who were stigmatized
as political opponents and subjected to threats, arbitrary arrest, detention and other forms of
ill-treatment.2 Human rights defenders most at risk include women defenders and defenders
fighting impunity for the most serious crimes (especially defenders supporting the work of the
International Criminal Court). Defenders advocating for economic, social and cultural rights also
face serious risks, in particular if they denounce the damaging effects of the illegal mining and
1
Fourth report of the Secretary-General on the Mission of the United Nations in the Democratic
Republic of Congo (S/2008/728). report of the High Commissioner for Human Rights on the
situation of human rights and the activities of her Office in the Democratic Republic of Congo
(A/HRC/10/58).
2
S/2008/728, para. 31.
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