A/HRC/19/48
exactions and human rights violations against the local population. Moreover, as FARDC
soldiers were moving to and from the training centres, they could no longer be identified by
victims or witnesses for human rights violations committed by them, which contributed to
impunity for human rights violations committed by FARDC soldiers during the
reconfiguration operation.
Activities of the Joint Human Rights Office
58.
With a view to fighting impunity, UNJHRO continues to conduct several types of
monitoring activities. Trials, including mobile hearings, are monitored for fair trial
standards and the security of victims and witnesses is continuously followed up. In case of
conviction, UNJHRO follows up the enforcement of the rulings and assists the Government
in this process, inter alia, through improving prison security and offering support in
developing reparation mechanisms.
59.
UNJHRO is further continuing to assist judicial authorities by providing support for
their investigation of alleged human rights violations. For instance, a team was deployed to
investigate allegations of rape of nine women, and torture, cruel and degrading treatment of
17 other civilians, reportedly all committed by FARDC soldiers in Kikozi (45 km south
west of Uvira), South Kivu, during the night of 26 to 27 March 2011. The rule of law
section of MONUSCO is furthermore establishing prosecution support cells to advise the
military prosecutor’s offices in prosecuting alleged perpetrators of serious violations of
human rights law. With support for the deployment of 12 mobile courts between January
and July 2011, military courts and tribunals handled 118 cases on sexual violence and other
serious human rights violations.
60.
In compliance with the Human Rights Due Diligence Policy on United Nations
support to non-United Nations security forces, UNJHRO continued to screen FARDC
battalion commanders for past human rights violations before any logistical and other
support can be provided in the framework of jointly planned military operations. Since the
beginning of 2011, MONUSCO has suspended support to three FARDC units as corrective
action had not been taken by FARDC to redress the human rights violations allegedly
committed by them. UNJHRO has also played an important role in the development and
implementation of modes of intervention to meet protection challenges, such as the support
provided, through funding from the Government of the United States of America, in the
deployment of international staff to reinforce joint protection teams in the eastern part of
the country.
Obstacles
61.
The difficulties mentioned in the previous reports of the High Commissioner
regarding the issue of impunity for security forces remain topical. Another important factor
for the continued human rights abuses is the absence of background checks for new
recruits, such as former combatants of armed groups, and the lack of an established vetting
mechanism. Moreover, as long as discipline is not imposed by commanders, impunity will
continue to prevail despite initiatives taken by the Government and its international
partners. Furthermore, as long as FARDC soldiers are not paid regularly and sufficiently,
they will be prone to engage in pillaging and forced labour.
II. Conclusions and recommendations
62.
Over the course of the reporting period, despite some important measures
taken by the government, little improvement in the human rights situation on the
ground was observed. The population remains subject to grave human rights
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