A/HRC/10/58
page 4
Introduction
1.
The human rights situation in the Democratic Republic of the Congo has been of grave
concern throughout the period under review. Mass killings, sexual violence and other serious
human rights and international humanitarian law violations were perpetrated as conflict resumed
in North Kivu in August 2008 and unprecedented attacks by the Lord’s Resistance Army of
Uganda (LRA) were carried out against civilians in Oriental Province resulting in several
hundreds of deaths. The launching in January 2009 of an unprecedented joint military operation
by the Forces Armées de la République démocratique du Congo (FARDC) and the Rwandan
army to disarm Rwandan Hutu rebels in eastern Congo put a halt to the ongoing conflict between
Government forces and the Congrès National pour la Défense du Peuple (CNDP), but raised new
concerns about protection of civilians and the issue of accountability being sidelined in the
reintegration of CNDP forces - now led by Bosco Ntaganda, an indictee of the International
Criminal Court (ICC) - into the FARDC.
2.
During the reporting period the fight against impunity made no progress, mainly due to
lack of capacity, political will and interference from the authorities. The continued practice of
appointing and promoting, among the ranks of the FARDC, human rights violators undermined
the fight against impunity and perpetuated the cycle of violence by preserving or enhancing the
power of human rights abusers. In the most dramatic setback, the Congolese Government was
considering appointing Bosco Ntaganda to a senior position within the FARDC. Despite several
requests by the Security Council, most recently in resolution 1856 of 22 December 2008, the
Congolese authorities have yet to establish a vetting mechanism to screen senior military and
police officers alleged to be responsible for serious human rights violations.
3.
While international attention has focused mainly on the conflicts in eastern Congo, the
public space for protests and criticism has diminished considerably throughout the country
during the reporting period. In spite of relatively recent presidential, national and provincial
elections, rather than fostering public debate, central and local authorities have attempted to stifle
those critical of their policies. The clashes in Bas-Congo province in February-March 2008
between the Police nationale Congolaise (PNC) and the local politico-religious movement Bundu
Dia Kongo (BDK), which caused over 100 deaths, are the most striking examples of such
repression. Members of other political groups or parties, such as the Movement de libération du
Congo (MLC) have also been the targets of threats, arbitrary arrests followed by incommunicado
detention, torture and other forms of intimidation or repression. At the time of writing, an
estimated 160 political detainees continue to be kept in pre-trial or illegal detention.
4.
Mainly as a result of inadequate wages for law enforcement agents, police and army
officers commonly use their position to obtain financial or other benefits by using arbitrary
arrests and physical force. Equally underfunded is the management of prisons and detention
centers, where the lack of food and health care has led to an alarming number of starvation cases
and even more escapes during the reporting period. The judiciary is endowed with similar flaws
of underfunding. As a consequence, the judicial system is hampered by corruption and by the
interference of external actors such as agents of the executive branch. The lack of an independent
and impartial judiciary deprives citizens of a functioning legal or official framework through
which to lodge complaints or seek redress.
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