A/HRC/13/64
Obstacles to the implementation of existing recommendations
48.
The Congolese Government provides the State security forces with insufficient
logistical and financial resources. FARDC violations have many structural causes. Security
forces are not sufficiently or regularly paid and do not have adequate supplies. They are
neither garrisoned, nor trained, nor do they have weapons storage facilities. In South Kivu
Province, FARDC soldiers, participating in the Kimia II Operation, organized a series of
protests in August 2009, demanding their unpaid salaries. On 27 August 2009, in Lubarika
(66 km North of Uvira, South Kivu), soldiers of the 332nd battalion fired their weapons
into the air demanding payment of their salaries. They looted homes and erected road
blocks, beating up people who refused to pay or who did not have the means to pay. It is
essential for the Government to address the root causes of this issue by paying the military
on time. It must also provide logistical support to transport military equipment and provide
enough food rations so that the FARDC ends its forced labour practices and ceases to loot
villages. The army is very heterogeneous and overall ill-disciplined. It is now comprised of
55 rebel and militia groups without any vetting or training. It has become a perpetrator of
violations because it lacks the command and control structures and accountability
mechanisms needed to prevent abuses from within its ranks.
III. Conclusion
49.
Several obstacles to implementation of the existing recommendations have been
identified. They are intertwined with each other and hinder the improvement of the
overall human rights situation in the Democratic Republic of the Congo. Poor
governance, absence of the rule of law and lack of political will have created a
troubling human rights record and continue to impede development and the
elimination of poverty. All public sectors are under-resourced, and the Government
fails to ensure basic economic and social rights, such as health care and education. A
dysfunctional and understaffed justice system contributes to a climate of impunity for
human rights violations and undermines the security of Congolese citizens. In
addition, the insufficient allocation of funding to civil servants, the penitentiary
system and State security forces feeds systemic corruption and fosters the
“privatization” of State functions. These challenges should be effectively addressed.
The Government must undertake a series of coherent, systematic and human rightsfocused measures with the assistance of all relevant local, national and international
stakeholders to implement the recommendations that have already been made, in
order to protect the human rights of its citizens.
IV. Recommendations to the Government of the Democratic
Republic of the Congo
50.
The High Commissioner urges the Government to fully implement the
recommendations previously made by human rights mechanisms, including the seven
thematic special procedures, as well as other special procedures and treaty bodies, as
assessed in this report.
V. Recommendations to the Human Rights Council
51.
In light of the multiple human rights challenges in the Democratic Republic of
the Congo and the very limited progress made to implement previous
recommendations made by different parts of the United Nations human rights system,
GE.10-10563
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