A/HRC/13/64
Actions taken by the United Nations Joint Human Rights Office
41.
During the period under review, UNJHRO continued to support the justice system to
increase the judicial response to human rights violations. It provided technical assistance to
draft various laws, as well as to complete judicial reform through the establishment of high
courts and the CSM. Several training courses for judicial personnel and members of civil
society were also conducted by UNJHRO on, for example, the independence of the
judiciary and on the ethics and professional conduct of a magistrate. UNJHRO also gave its
technical support to the CSM for the development of a code of professional ethics for
magistrates. In an attempt to reinforce the fight against impunity, UNJHRO is supporting
the establishment of a working group on impunity led by the Minister of Justice during the
justice reform process. This group will function as a technical unit of the Joint Committee
for Justice Reform and will feed in ideas and facilitate needed changes. Throughout the
country, UNJHRO also works daily with judicial officials. Support runs from sharing
information to facilitating transport to allow for investigations needed, to building
rehabilitation. As part of its efforts to assist in the fight against impunity, OHCHR also
conducted a mapping exercise of the most serious violations of human rights and
international law, committed within the territory of the Democratic Republic of the Congo
between March 1993 and June 2003. The deployment phase took place between October
2008 and May 2009. It will be the first and only comprehensive United Nations report
documenting major human rights violations in the country covering this period, with the
aim of contributing to a reversal of the trend of endless cycles of impunity.
Obstacles to the implementation of existing recommendations
42.
The justice sector remains dysfunctional and many of the human rights violations
identified in this report are left unresolved and festering because of an inadequate judicial
response. Several major problems underlie the limited progress in the administration of
justice. The administration of justice is severely harmed by inadequate funding: the portion
of the budget allocated to the justice system has decreased to 0.24 per cent of the 2009
national budget (compared to 0.6 per cent of the 2006 budget). The extremely low salaries
and high job insecurity among magistrates make them vulnerable to pressure by political or
military authorities and fosters corruption. Other issues that have to be addressed are the
lack of access to justice for the majority of the population and the non-enforcement of court
decisions. Inadequate offices and housing inhibit magistrates from working in the interior.
G.
Fight against impunity with regard to the violations committed by
Congolese security forces
Existing recommendations
43.
The Congolese Government should firmly implement a zero tolerance policy for all
human rights violations. This requires that judiciary authorities carry out thorough
investigations and prosecute all members of the security forces accused of having
committed serious human rights violations. Moreover, it requires that military commanders
impose rigid rules of discipline. The Government should also establish a comprehensive
vetting mechanism to take into account candidates’ past actions in terms of respect for
international humanitarian law and human rights when they apply for official positions,
with particular attention being paid to key posts in the armed forces, national police and
other security services. Furthermore, to respond to human rights violations perpetrated by
the FARDC in the context of military operations in North and South Kivu and Oriental
Province, the Government should take appropriate action to remove army officers or units
GE.10-10563
15
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents