A/HRC/24/33
Dieudonné Kasongo Kabila (alias General Kasongo), half-brother to Laurent Desire Kabila,
ordered in Lubumbashi the arbitrary arrest, illegal detention and ill-treatment of three antifraud agents, a magistrate and a police agent who had intercepted a truck transporting
minerals as part of traffic in which he was allegedly involved. Although a judicial inquiry
has been opened against him, he has yet to be arrested.
44.
Mining trading centres, established by the Government to ensure the traceability of
minerals, were suspended on 18 December 2012 owing to insecurity and the rivalry
between holders of mining titles and artisanal miners. Thousands of artisanal miners are
engaged in illegal mining. The Government has yet to put in place an effective system that
would allow for the certification of origin and ensure the traceability of minerals, as well as
regularize the working conditions of artisanal miners.
45.
The continued failure of the State to curb illegal mining and the complicity of
FARDC and, in many cases, other State agents is a key factor in the State’s lack of the
funds required for it to comply with its minimum core obligations under the International
Covenant on Economic, Social and Cultural Rights to ensure the satisfaction of, at the very
least, essential foodstuffs, essential primary health care, basic shelter and housing and the
most basic forms of education.
3.
Action taken by the Joint Human Rights Office
46.
The Joint Human Rights Office continued to monitor and investigate human rights
violations linked to the illegal exploitation of natural resources, and to share the findings
with Congolese authorities. Moreover, MONUSCO continued to encourage the authorities
to deploy sufficient and professional security forces to the conflict areas to track down
those responsible for illegal exploitation and to hold them to account. During the period
under review, MONUSCO and the Ministry of Mines pursued efforts to mediate between
mining title holders and artisanal miners in North Kivu. MONUSCO continued to support
the process of tagging minerals and validating mining sites in the eastern part of the State to
determine whether mines were controlled by armed groups and whether human rights were
respected.
H.
Administration of justice and the fight against impunity
1.
Recommendations
47.
Numerous recommendations have been made to encourage the Government to
reform the judicial system, to improve access to justice and to fight impunity. At the
universal periodic review, it was recommended that the Government should establish a
vetting process for its security forces with the aim of preventing the recruitment of
individuals who have committed gross human rights violations. 34 The Committee against
Torture recommended that the Government should ensure that military courts only try
members of the military for military offences, in accordance with the applicable
international norms.35 At the universal periodic review, it was recommended that legislation
should be enacted to give effect to the Rome Statute,36 and that sufficient funds be allocated
for the administration of justice and a comprehensive plan be developed for training
judges.37 The Human Rights Council, in its resolution 19/27, recommended that the
34
35
36
37
14
A/HRC/13/8, para. 97 (7).
CAT/C/DRC/CO/1, para. 9.
A/HRC/13/8, para. 96 (14).
Ibid.
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