A/HRC/10/30
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The Special Adviser also met with Laurent Nkunda, then leader of the National Congress for the
Defense of the People, an armed opposition group, and a spokesman of the Forces démocratiques
de libération de Rwanda. A planned trip to Burundi by the Special Adviser was cancelled owing
to the unavailability of Government authorities to meet with him; instead, the Special Adviser’s
staff travelled to Bujumbura on 25 and 26 November and met with United Nations
representatives and members of civil society.
29. From his meetings and observations, the Special Adviser concluded that there was cause
for deep concern regarding the grave human rights and humanitarian situation in North Kivu,
including the risk of genocidal violence, with implications for the entire subregion. Extreme
ethnic polarization and hatred have become associated with the conflict in the Democratic
Republic of the Congo. Although the roots of the conflict are primarily political and economic
rather than identity-related, the Special Adviser recognizes that the risk of individual people
being targeted in North Kivu because of their ethnicity is pronounced, above and beyond other
underlying causes of conflict. The Rwandan genocide of 1994 and allegations and
counter-allegations by various groups that genocide is ongoing in the eastern part of the
Democratic Republic of the Congo are repeatedly cited by local actors in what has become
powerful rhetoric that drastically increases tensions, fear and division between ethnic
communities. Accusations of genocide by one community against another are used to justify
arguments in favour of “pre-emptive” killings. A perception of genocide - even where not based
on legal criteria - can itself lead to genocide in an environment where there is no real rule of law.
The likelihood of ethnically motivated killings by armed groups and the escalation of genocidal
hysteria among the civilian populations are factors that must be taken seriously and addressed in
earnest. The Special Adviser is concerned that previous efforts at regional peacemaking,
including with a view to preventing a risk of genocide, in particular the International Conference
on the Great Lakes Region, appear to have been inadequate in addressing the crisis
comprehensively, both nationally and regionally.
30. Recent shifts in the political landscape, with the detention of Laurent Nkunda in Rwanda,
the joint military operations by the Democratic Republic of the Congo and Rwanda and the
mediation efforts of Special Envoy Obasanjo and former President Mkapa provide both
opportunities and risks, especially for the fate of the civilians.
31. Following his mission to the Democratic Republic of the Congo, the Special Adviser
shared his assessment with members of the Security Council, heads of relevant United Nations
departments and the Secretary-General. He recommended, inter alia, that preventive action
needed to be focused on four interrelated areas: (a) the protection of populations at risk of
massive violations of human rights or humanitarian law; (b) accountability for violations;
(c) humanitarian relief and access to economic, social and cultural rights; and (d) the initiation of
and support for steps to address underlying causes of conflict through peace agreements and
transition processes. The Special Adviser recommended that the United Nations system and its
operational departments and agencies continue considering the above when devising their own
strategies to address the risk of genocide and related atrocities.
32. The Special Adviser also made a number of specific recommendations under the headings
of security and peace, including ending all violence and respecting the Goma agreement
ceasefire, enhancing the role of MONUC, calling on Governments to cease assistance to armed
groups, and accelerating the disarmament and demobilization of armed groups; human rights and
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