A/HRC/10/58
page 8
On the contrary, the process of reintegration of CNDP forces into the FARDC, which began in
February 2009, did not take into account issues of accountability, despite the fact that several
high-ranking CNDP officers are alleged to have been responsible for serious human rights
abuses.
21. In the most significant setback, current CNDP leader Bosco Ntaganda, indicted by the ICC
for the enlistment, conscription and active use of children in hostilities in Ituri between July 2002
and December 2003 while he was chief of military operations for the Union des patriotes
Congolais (UPC) was being considered for a senior position in the FARDC.
22. Similarly, there is no indication that Laurent Nkunda, the former CNDP leader
apprehended in Rwanda in January 2009, will be brought to justice. Nkunda is one of the most
well known perpetrators of human rights violations in the Democratic Republic of the Congo.
Several human rights investigations point to his responsibility for a massacre in Kisangani in
2002 and for the widespread summary executions, rape and looting that followed the invasion by
his forces of Bukavu in June 2004, among other incidents.
23. Given the difficulties experienced at the national level in prosecuting perpetrators of
human rights abuses and execute sentences when pronounced, investigations undertaken by the
ICC are a welcome complementary endeavor in efforts to combat impunity. The ICC has
undertaken several steps throughout the reporting period in the context of its proceedings
regarding the Democratic Republic of the Congo. Mathieu Ngudjolo Chui, the former
commander of the Front des Nationalistes et Intégrationnistes (FNI), was arrested on
6 February 2008, and on the following day he was surrendered by the Congolese authorities and
transferred to the Hague. He will stand trial for war crimes and crimes against humanity. The
trial of Thomas Lubanga, who was the first suspect to be transferred to the ICC and is facing
charges related to the recruitment and use of child soldiers, opened on 26 January 2009. Besides,
former Congolese Vice President Jean-Pierre Bemba was arrested on 24 May 2008 by Belgian
authorities pursuant to an ICC arrest warrant for war crimes and crimes against humanity
allegedly committed by his Mouvement pour la libération du Congo (MLC) troops in Central
African Republic between 15 October 2002 and 20 March 2003.
24. One critical development in terms of efforts to combat impunity was the launching in
July 2008 of the OHCHR-led Mapping Exercise aimed at creating an inventory of the most
serious human rights and international humanitarian law violations in the Democratic Republic
of the Congo from 1993 to 2003. The team carrying out the Mapping Exercise, a collaborative
effort between OHCHR and the Department of Peacekeeping Operations (DPKO) which follows
a request by the Secretary-General, is also mandated by the Security Council to make an
assessment of the judicial system in the Democratic Republic of the Congo and to formulate
options for transitional justice, and will play a crucial role in assisting the Congolese authorities
to devise a strategy to address the enormous volume of war crimes and crimes against humanity
perpetrated during the period covered by the exercise. The Mapping Exercise entered its
operational phase in October 2008 and is scheduled to end in June 2009 with the submission of a
report, through the High Commissioner for Human Rights and the Under-Secretary-General for
Peacekeeping Operations, to the Secretary-General.
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