A/HRC/16/27 administrative and legal committee is a step towards the adoption of a proposal that has been before Parliament since 2003. It is to be hoped that it will be adopted within a reasonable time frame, as it would give the Congolese judicial system more weapons in the fight against impunity. 53. As regards the establishment of the human rights liaison body recommended by the Human Rights Council,32 this body is not yet working effectively. It was established by order of the Prime Minister on 12 August 200933 and officially inaugurated on 17 April 2010, and held its first expert meeting on 24 August 2010. Nevertheless, the Government will have to demonstrate real commitment if this mechanism is to function effectively. Actions taken by the United Nations Joint Human Rights Office 54. The Joint Human Rights Office has stepped up its assistance to the judicial system in several areas, in cooperation with the Rule of Law Section of the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO), the United Nations Development Programme and other partners. The judicial authorities continued to receive assistance with the conduct of inquiries. Between January and October 2010, the Office helped the authorities to conduct 28 inquiries into human rights violations in Goma, Beni, Butembo, Bukavu, Uvira, Bunia, Kisangani, Kindu, Dungu, Kananga and Mbandaka. It also stayed in regular contact with the authorities for the duration of the follow-up to the cases, and trained a number of judicial officials in human rights principles and the rule of law. In an effort to make the judicial system more effective and accountable, the Office also helped develop a code of ethics for judges. 55. In addition to my Office’s work in the Democratic Republic of the Congo, I implemented a “mapping exercise”, which resulted in the publication of the “Report of the mapping exercise documenting the most serious violations of human rights and international humanitarian law committed within the territory of the Democratic Republic of the Congo between March 1993 and June 2003”.34 The report contains descriptions of over 600 incidents that took place in the country during that period, as well as numerous serious acts of violence committed by foreign and Congolese forces or armed groups. The vast majority of the incidents concern multiple violations of human rights or humanitarian law, and could constitute crimes against humanity or war crimes, and often both at the same time. The report also concludes that the apparently systematic and widespread attacks on the Hutu (refugees and others) in 1997 and 1998 reveal a number of inculpatory elements which, if proven before a competent court, could be characterized as crimes of genocide. There are, however, a number of countervailing factors that could lead a court to find that the requisite intent was lacking, and hence that the crime of genocide was not committed. 56. One important aspect of the terms of reference for the mapping exercise was the assessment of the resources available to the Congolese justice system to deal with the numerous crimes committed between 1993 and 2003, as well as afterwards. The report concludes that the capacity of the Congolese justice system to bring an end to impunity for crimes under international law is severely limited. It goes on to list the options for combating impunity in the Democratic Republic of the Congo, including the establishment of judicial mechanisms and a truth-seeking mechanism, institutional reform and reparations for victims. 32 33 34 GE.11-10197 A local mechanism for cooperation between the Government of the Democratic Republic of the Congo, the Joint Human Rights Office and the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) (see Human Rights Council resolution 7/20). Decree No. 095/35. Published on 1 October 2010. 15

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