A/HRC/16/68
8.
According to the High Commissioner, human rights violations throughout the
country also resulted from structural shortcomings and were linked to deficiencies in State
institutions. In addition, the reporting period was marked by an increase in violations
against human rights defenders and media representatives, as epitomized by the killing of
Floribert Chebeya Bahizire and the enforced disappearance of his driver, Fidèle Bazana
Edadi. The experts hope that the trial commenced in relation to this killing will be free from
irregularities and that the perpetrators will be held accountable. Finally, the High
Commissioner noted that the illegal exploitation of natural resources, despite the
Government’s condemnation, remains of concern as it is a chief cause of many serious
human rights violations.7
9.
In his report, the Secretary-General noted that serious human rights violations by
armed groups and members of the national security forces continued, including acts of
arbitrary execution; rape; arbitrary arrest and detention; torture; cruel, inhuman and
degrading treatment; and looting. While the most frequent and serious human rights
violations continued to take place in the eastern provinces, the situation also remained of
concern in some areas in western Democratic Republic of the Congo.8
10.
The Group of Experts on the Democratic Republic of the Congo of the Security
Council Sanctions Committee pointed out cases of direct and command responsibility for
the recruitment and use of children by the leaders of Congolese armed groups, as well as
two military commanders from FARDC, all of whom had used children as their personal
escorts.9 The Group of Experts also highlighted the fact that, with regard to the illegal
exploitation of natural resources, the conflict between the economic interests of criminal
networks within FARDC and the security mandate of the army had led to three critical
negative consequences:
(a)
Failure on the part of FARDC to prioritize the protection of civilians;
(b)
Competing chains of command and insubordination within FARDC;
(c)
Distraction from the pursuit of military operations against armed groups,
leading to cohabitation and in some cases active collusion with those same groups.
The Group concluded that these developments had directly contributed to the persistent
threat posed by armed groups and represented a critical challenge to addressing insecurity
in the eastern part of the Democratic Republic of the Congo.10
11.
It must be stressed that the majority of urgent appeals and allegation letters sent by
thematic special procedures mandate holders during the reporting period reflect the abovementioned worsening of the situation of male and female human rights defenders and
journalists in the country, despite the recommendations addressed by the Special
Rapporteur on the situation of human rights defenders to the Government following her
visit to the country in June 2009.11
12.
Finally, the experts note the cooperation of the Government in the course of the
preparation and follow-up to the report of the mapping exercise of August 2010 (published
on 1 October) documenting the most serious violations of human rights and international
7
8
9
10
11
6
Ibid., paras. 5, 6 and 33.
S/2010/512, para. 42.
S/2010/596; see the summary and paras. 131-132.
Ibid., para. 177.
A/HRC/13/22/Add.2, paras. 95-97.
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