A/HRC/10/59
page 21
were being committed on the basis of ethnicity and national origin in the DRC”.35 This finding is
in line with the previous periods of violence in the region, in which ethnic antagonism was
fostered and then manipulated for political ends.
78. To some extent, the ethnic divisions in eastern DRC are related to colonial resettlement
programmes, population displacements into the DRC, including the massive inflow of Tutsi
refugees fleeing pogroms in Rwanda in the 1960s, the political instrumentalization of minorities
under the Mobutu regime and the large-scale displacements in the aftermath of the genocide in
Rwanda. In a region that was historically sparsely populated, the demographic changes in the
eastern DRC also created tremendous competition over scarce resources, in particular
agricultural land and grazing areas, thus creating an environment that is prone to the
manipulation of ethnic cleavages. Many land conflicts result from competing claims based on
formal titles or customary law; tensions between returnees and those who stayed further
complicate the situation. Extensive documentation is available showing how armed factions have
been created along ethnic lines as a consequence of displacement and the manipulation of ethnic
divisions.36
79. Limited progress has been achieved to address this dimension of the crisis in the eastern
DRC. Yet, it will be impossible to treat the most recent outbreak of violence and the massive
human rights violations accompanying it without focusing on its underlying causes, among
which lies the interplay of politics, economics and ethnicity. Particular action is needed at the
local level in order to bring peace to communities that have yet to recover from the ethnic
divisions that were fuelled by years of conflict. The success of local reconciliation programmes
is also contingent on effective policies that address the local distribution of resources, in
particular land.
80. The question of nationality of Kinyarwanda-speaking Congolese, living within the DRC or
as refugees in neighbouring countries, also needs to be addressed since it often lies at the root of
ethnic divisions in the eastern DRC. The new nationality law of 12 November 2004 is a positive
step in granting this group the right to nationality. In practice, as recently pointed out by the
Committee on the Elimination of Racial Discrimination, Congolese nationality is difficult to
acquire by the Kinyarwanda-speaking population.37
81. Finally, the question of minority rights in the political sphere aggravates tensions.
Majority-voting systems, the particular tailoring of voting districts as well as the difficulty of
displaced and some returnees to obtain electoral cards have resulted in a disproportionally low
35
See http://www.un.org/preventgenocide/adviser/state3.shtml for the press statement and the
forthcoming full report of the Special Advisor.
36
See, for example, the 1997 report of the Special Rapporteur on the situation of human rights
in the Republic of Zaire (Democratic Republic of the Congo) (A/52/496).
37
CERD/C/COD/CO/15, para. 17.
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