A/HRC/39/42
I. Introduction
1.
In the present report, pursuant to Human Rights Council resolution 36/30 on
technical assistance and capacity-building for human rights in the Democratic Republic of
the Congo, the United Nations High Commissioner for Human Rights provides an
overview of the human rights situation and the activities of OHCHR carried out in the
country through the United Nations Joint Human Rights Office between June 2017 and
May 2018.
2.
In the report, the High Commissioner emphasizes the key human rights
developments, including in the context of the elections, assesses the progress made in the
implementation of his recommendations and those made by the United Nations mechanisms
for the protection of human rights, and submits recommendations for the attention of the
Government.
II. Principal human rights developments
3.
The human rights situation continued to deteriorate throughout the territory of the
Democratic Republic of the Congo during the reporting period. Overall, the number of
human rights violations and abuses documented by the Joint Human Rights Office has
increased by almost 20 per cent compared to the previous reporting period. More than 63
per cent of the violations were committed by State officials, primarily members of the
armed forces of the Democratic Republic of the Congo (FARDC) and officers of the
Congolese national police. The continued increase in violations of civil and political rights
and fundamental freedoms in the context of the elections, and also of violations related to
the increased activism of militias and armed groups in the provinces in conflict, is
particularly worrying.
4.
As the new election date of December 2018 approaches, restrictions on civil
liberties, intimidation and violence against political opponents, journalists and other media
personnel and civil society activists, including human rights defenders, have been stepped
up. Demonstrations organized by opposition political parties and civil society
organizations, including in protest at the postponement of the elections and the failure to
implement any measures to reduce political tensions, have routinely been banned by the
authorities and brutally suppressed by the defence and security services. In the course of
this action to break up demonstrations, many people have been killed and a number of
others injured. The democratic space has thus been severely limited and the conditions are
scarcely conducive to free, inclusive, peaceful and credible elections.
5.
The proliferation of militias and armed groups and the increased activities of the
latter have contributed to the increase in abuses of human rights and international
humanitarian law in the provinces in conflict — in particular in North Kivu — and also to
the increase in violations committed by the defence and security forces in the course of
their operations against these groups.
6.
The period was also marked by the continuation or recurrence of intercommunal
violence, in particular in the provinces of Ituri, Tanganyika and Haut-Katanga, and also in
the Kasaï provinces (Kasaï, Kasaï Central and Kasaï Oriental). The geographical spread of
conflicts could be observed in particular in Maniema, where the activism of Mai-Mai
groups and the disproportionate response by FARDC units led to serious violations of
human rights and international humanitarian law.
7.
Despite the limited legislative progress in the protection of human rights, there have
been notable efforts to combat impunity, including through legislative steps taken during
the previous reporting period. For example, judgments handed down on senior officials for
war crimes and crimes against humanity are indicative of new legal possibilities offered by
the harmonization of the country’s legislation with the Rome Statute of the International
Criminal Court. Another encouraging development is the establishment by the Government
of a joint commission to investigate alleged human rights violations committed in
connection with the demonstrations of 31 December 2017 and 21 January 2018.
2
GE.18-13336
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