A/HRC/13/63
page 22
Stabilization and Reconstruction Plan for War-Affected Areas and the United Nations
Security and Stabilization Support Strategy.40
87.
Highlighting the important role of local conflicts over land, the experts
recommended establishing community-based land commissions involving traditional
leaders, provincial State officials and community representatives or other appropriate
dispute resolution mechanisms.41 While the experts are not aware of Government efforts
to implement this recommendation, they take note of increased activities of international
actors. The United Nations Human Settlements Programme (UN-Habitat) has opened an
office in Goma and, together with the Office of the United Nations High Commissioner
for Refugees and MONUC, launched a programme to establish housing, land and
property mediation mechanisms in North Kivu and Ituri initially, and subsequently in
South Kivu and the Orientale and Katanga provinces. The Norwegian Refugee Council
has established community-based land commissions in the Petit Nord region of North
Kivu that allow the population to access legal counselling on land disputes and submit
specific problems to the commissions for mediation.
F. Protecting the rights of the displaced and minorities
88.
As a State party to the Protocol on Protection and Assistance to Internally
Displaced Persons (“Great Lakes Protocol”), adopted at the International Conference on
the Great Lakes Region, the Democratic Republic of the Congo is obliged to incorporate
the Guiding Principles on Internal Displacement into its domestic law.42 In their report,
the experts recommended that the Government should develop a legislative framework,
strategy and plan of action for the implementation of these obligations.43
89.
The Representative of the Secretary-General on human rights of internally
displaced persons discussed this recommendation with the delegation of the Democratic
Republic of the Congo at a workshop of member States of the International Conference
of the Great Lakes Region, which was organized by the Conference’s Secretariat, the
Representative and other stakeholders and took place from 9-10 July 2009 in Nairobi.
The Congolese delegation expressed its readiness to prepare laws and policies on
internal displacement and approved a list of detailed recommendations drawn up by
member States delegates on how best to implement the Great Lakes Protocol.
90.
When this report was finalized, the Democratic Republic of the Congo did not
have either a draft law or draft policy on internal displacement. The experts are not
aware that any process has been started to develop a law or policy, or that
responsibilities have been clarified within the Government regarding who would be
responsible for the drafting process.
40
See S/2009/623, para. 103.
41
A/HRC/10/59, para. 106.
42
E/CN.4/1998/53/Add.2.
43
A/HRC/10/59, para. 107.
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