A/HRC/13/64
high-ranking officials — and in fact all those accused who have money — simply pay their
way out. Furthermore, alleged perpetrators regularly “escape” from prison. Other factors
hinder improvement in the plight of victims, such as the influence of local customs and the
victim’s fear of rejection by their family and community. The gender-specific root causes
of sexual violence, namely the subordinate social, economic and political position of
women in Congolese society is not effectively addressed by the State. Victims also face
enormous difficulties in accessing justice because of expensive judicial fees, amicable
settlements, pressure and threats against them, and ignorance of the law among the police in
rural areas. All of these impediments contribute to the climate of impunity for crimes
against women.
D.
Violation of economic and social rights and illegal exploitation of
natural resources
Existing recommendations
24.
In the domain of economic and social rights, comprehensive measures that
adequately address the illicit exploitation of natural resources in the country should be
taken. The Government should increase transparency in the collection of State resources, in
particular by mapping revenues received from actors exploiting mineral-rich areas in
compliance with the Extractive Industries Transparency Initiative (EITI), and by allocating
revenue in compliance with the duty of the State to maximize the use of its resources for the
progressive realization of human rights. This latter obligation requires the Government to
use revenue to guarantee free access to primary education for all children, to provide access
to affordable basic health care, and to ensure that health centres and hospitals have adequate
human, medical and financial resources. At its forty-third session in November 2009, the
Committee on Economic, Social and Cultural Rights considered the Democratic Republic
of the Congo and recalled, inter alia, the need for the State party to promote good
governance and to combat corruption as well as to take all appropriate measures to ensure
that its natural resources are not subjected to illegal exploitation and mismanagement.10
Actions taken by the Government and the current situation
25.
Central and local authorities do not ensure the enjoyment of economic and social
rights and the efforts made so far to improve the situation are insufficient. The lack of
adequate collection and allocation of resources by the Government continues to cause
structural human rights abuses and corruption across the country, as unpaid or underpaid
officials extort money from the population in the course of their duties. Although the
Government professes adherence to the EITI, transparency remains elusive in practice.
Private companies and public institutions rarely disclose profits, and authorities have failed
to hold State and non-State actors accountable for their role in the illegal exploitation of
Congolese natural resources. The unregulated natural resource economy has been also the
primary recruiter and exploiter of labour in the country. Employees of social services that
are supposed to protect labour rights, such as labour inspectors, often sacrifice the rights of
workers in order to collect money to survive. Also, massive firings have been executed by
private companies in total disregard of the rules and procedures.
26.
The Democratic Republic of the Congo is an often cited example of the so-called
“paradox of plenty”. While the country is extremely rich in natural resources (e.g. 80 per
cent of worldwide resources of coltan, 10 per cent of worldwide resources of copper), the
population suffers from extreme poverty (80 per cent of the Congolese population live on
10
10
See footnote 1.
GE.10-10563
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