A/HRC/16/68
I.
Introduction
1.
The present report is submitted pursuant to Human Rights Council resolution 13/22,
in which the Council invited six special procedures mandate holders and the Special
Representative of the Secretary-General for children and armed conflict to report on the
development of the situation in the Democratic Republic of the Congo. The report is
submitted by the Special Rapporteur on violence against women, its causes and
consequences; the Special Rapporteur on the human rights of internally displaced persons;
the Special Rapporteur on the independence of judges and lawyers; the Special Rapporteur
on the right of everyone to the enjoyment of the highest attainable standard of physical and
mental health; the Special Rapporteur on the situation of human rights defenders; the
Special Representative of the Secretary-General on the issue of human rights and
transnational corporations and other business enterprises; and the Special Representative of
the Secretary-General for children and armed conflict. The present report is the third to be
submitted by the experts.1
II.
Engagement by the mandate holders with the Government
2.
With a view to seek once again follow-up on the recommendations made in their
initial joint report on the basis of a visit by one mandate holder (A/HRC/10/59, paras. 117119) and reiterated in their second joint report (A/HRC/13/63, para. 115) (supported by the
findings of two mandate holders following their visits to the country),2 on 29 September
2010 the experts addressed a letter to the Congolese authorities reminding them to respond
to the letter dated 23 September 2009, in which the experts had requested the then Minister
for Human Rights to provide information on the steps taken by the national authorities to
implement the recommendations contained in their initial report, as well as on the
functioning of Agency to Combat Violence against Women and Girls and the human rights
liaison entity. The experts finally received a response on 7 February 2011, for which they
thank the Government. The letter was, however, limited to a brief description of the
functioning of the above-mentioned institutions and the future establishment of the national
human rights commission. A bill on the establishment of a national human rights
commission has been pending before the National Assembly since 2008. The experts take
note of the commitment of the Government, already expressed to the Special Rapporteur on
the situation of human rights defenders during her visit to the country in June 2009, to
ensure the prompt examination of the draft law and the subsequent effective establishment
of the commission.
3.
The above-mentioned letter also announced the sending of the global action plan on
the implementation of recommendations for discussion and improvement in accordance
with Council resolution 13/22. The plan was received on 11 February 2011, together with
the comments of the Government on the report. The experts acknowledge the efforts made
by the Government in this regard. However, the late submission of the global action plan
does not allow for a thorough analysis and discussion in the spirit of resolution 13/22.
Furthermore, the experts wish to highlight the fact that the plan consists merely of a
compilation of all the recommendations made by human rights mechanisms with the
identification of the departments in charge of implementing them, and a provisory general
1
2
4
See also A/HRC/10/59 and A/HRC/13/63.
The Special Representative of the Secretary-General for children and armed conflict visited the
country in April 2009, and the Special Rapporteur on the situation of human rights defenders in June
2009.
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