A/HRC/16/27
in the past two years, which now puts the Democratic Republic of the Congo in 168th place
in a list of 169 countries.20
33.
This situation is explained by inadequacies in the management of revenue from
natural wealth, bad governance and the illegal exploitation of natural resources. Such
exploitation remains a matter of concern in the Democratic Republic of the Congo in that it
leads to serious human rights violations by security forces and armed groups alike. In the
provinces of Maniema, North Kivu and South Kivu, mining operations were suspended on
20 September 2010 by ministerial order.21 This decision was justified by the “interference
of foreign agents and persons in the mineral exploitation and marketing services recognized
by the Mining Code”. The implementation of this decision also causes many problems.
34.
The policies set up by the Congolese State are not liable to contribute effectively to
fulfilling the commitments that it has entered into under the International Covenant on
Economic, Social and Cultural Rights and its commitment to combating poverty. Not
enough budgetary resources have been allocated to ensuring that universal access to
education, health and drinking water is gradually achieved. The share of the budget
allocated to investment in social infrastructure is very low compared to other sectors such
as defence and institutional overheads. Moreover, it has been steadily declining for several
years.
Actions taken by the Joint Human Rights Office
35.
The Joint Human Rights Office has continued to monitor and follow up on
violations of economic and social rights and human right violations relating to the illegal
exploitation of natural resources.22 It has also taken measures to build the capacity of
government and non-governmental players in this area. For example, the Office organized a
round table for the network of deputies for the protection and promotion of human rights on
25 and 26 October 2010, which took up, among other things, the issue of economic, social
and cultural rights and the illegal exploitation of natural resources.
36.
In collaboration with the International Conference on the Great Lakes Region, the
Office organized an expert workshop on the illegal exploitation of natural resources and
economic, social and cultural rights in the Democratic Republic of the Congo on 17 and 18
August 2010. The workshop enabled the experts who met in Kinshasa to assess national
policies and put forward recommendations to the various players concerned. During the
Conference, emphasis was put on the link between the illegal exploitation of natural
resources and the armed conflict in the east of the country. It was recommended that the
Government should step up its campaign against impunity, accede to various certification
and traceability protocols and take human rights into consideration in the exploitation of
natural resources.
Obstacles to the implementation of existing recommendations
37.
The difficulties highlighted in my previous report (A/HRC/13/64, para. 29) are still
valid. The Government has yet to set up a system that would allow for the certification of
20
21
22
GE.11-10197
http://hdrstats.undp.org/fr/pays/profils/COD.html.
See ministerial order No. 0705/CAB.MIN/MINES/01/2010 of 20 September 2010 on the suspension
of mining operations in the provinces of Maniema, North Kivu and South Kivu.
See para. 22. The report of the fact-finding mission into mass rapes in Walikale shows this
connection. “Under the false pretext of advancing political and social claims these armed groups have
taken control of several communities in Walikale territory, province of North Kivu. Walikale territory
is a mineral-rich area and armed groups are able to finance their movements through control of
mining operations.”
11
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