A/HRC/13/64
less than 20 US cents a day).11 In the provinces where the rich mineral resources are
extracted, security problems and human rights violations linked to resource extraction have
continued to be reported. Clashes between rebel groups and government forces to gain
control over mining sites frequently occur. In August 2009, FDLR and Mai Mai Shikito
attacked a mine under the protection of government forces in Omata, Walikale territory,
North Kivu Province, resulting in looting and the death and injury of several civilians.
Moreover, government security forces and irregular armed forces continue to commit acts
of sexual violence and to subject artisanal miners and other civilians living in the area to
forced labour, illegal taxation and extortion.
27.
With regard to the right to education, despite the fact that article 43 of the
Constitution requires free public and compulsory primary education, parents are expected
to contribute to teachers’ salaries due to lack of sufficient government funding. Access to
food and health care is also far from meeting minimal standards. The State health-care
system is barely functional, and the Government is unable to react to treatable illnesses that
plague the population. Due to the existence of user fees, the health-care system is not
accessible to the poorest in society. As a result, maternal and infant mortality rates are
among the highest in the world. In the east of the country, the widespread looting of health
clinics and the arbitrary obstruction of humanitarian convoys intended to replenish medical
supplies have aggravated the situation; moreover, a rapid increase in medical capacity is
required as many Congolese medical workers have been forced to flee. High rates of
malnutrition among women, children and internally displaced persons, have made them
even more vulnerable to infectious diseases. Of particularly grave concern is the plight of
displaced persons because of the magnitude of the problem. These people, having lost their
homes, live in absolute poverty without access to sufficient food, drinking water, health
care or education for their children.
Actions taken by the United Nations Joint Human Rights Office
28.
UNJHRO is increasingly focusing on the link between the illegal exploitation of
natural resources and the paucity of government revenue allocated to the realization of
economic and social rights. It is advocating for the Government to increase its efforts to
ensure the enjoyment of economic and social rights by its citizens. In addition, UNJHRO
carries out investigative missions to increase its understanding of the challenges to
regulation and policy relating to the exploitation of natural resources. It also monitors and
assesses the progress made in relation to social and economic rights throughout the country.
UNJHRO is undertaking efforts to increase stakeholder knowledge of article 2 of the
International Covenant on Economic, Social and Cultural Rights which could be used as a
tool to combat the illegal exploitation of natural resources, with the goal of progressively
realizing all human rights.
Obstacles to the implementation of existing recommendations
29.
Many of the government ministries with responsibilities relating to supervision of
and revenue collection from the natural resources sector are understaffed, underfunded, and
lack the technical capacity to perform their functions. This in turn leads to corruption. The
Government collects far less in taxes and fees than it should from the mining sector due to
corrupt practices at every level. For those actors, impunity prevails because most of the
abuses occur with the consent or under orders of superior officers. These officers interfere
in the legal apparatus to block the investigation and prosecution of cases of illegal
exploitation, corruption and other crimes relating to the natural resources sector.
11
GE.10-10563
http://eiti.org/DRCongo, visited on 23 September 2009.
11
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