A/HRC/13/63
page 27
being recognized by international and Government actors, which is a first step
towards addressing the issue. The lack of transparent and effective Government
control over the mining sector deprives the State of funds it could dedicate to
meeting its responsibilities with regard to social and economic rights.
113. The lack of budgetary allocations for the fulfilment of social and economic
rights is reflected in different sectors. Health and educational institutions, for
instance, have to charge user fees to generate income and are therefore not
accessible to the poor.
114. There has been little progress in moving forward legislation to strengthen
State and civil society structures to promote and protect human rights. There is a
worrisome trend of certain officials trying to delegitimize and harass human rights
defenders, which fuels an increase in violence, intimidation and threats against
defenders.
115. Rather than formulating new proposals, the experts therefore reiterate the
relevance and applicability of their existing recommendations52 and urge the
Government and technical assistance partners to prioritize their implementation.
116. They encourage the Government to continue the positive practice of
responding favourably to requests of individual mandate holders and continue to
invite several mandate holders every year. The experts strongly recommend that
the Government issue a standing invitation to all special procedure mandate
holders, as the combined ambit of the experts’ mandate leaves out key concerns
relating to economic, social and cultural rights and political and civil rights. They
urge the Government to respond to mandate holders’ urgent appeals and
communications.
117. In light of the seriousness of the human rights situation, which has not
improved since their initial report, the experts consider it to be of utmost
importance that the Council continue monitoring the situation in the Democratic
Republic of the Congo on the basis of reports provided by OHCHR and individual
special procedure mandate holders.
118. The experts recommend that the Council once again consider the creation
of a country-specific mandate, in particular if the level of access and response to
thematic special procedures decreases.
52
See A/HRC/10/59.
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