A/HRC/10/59
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have the obligation to protect the population from violence, provide access to justice and
create conditions in which the basic needs of the population are secured. The Congolese
State largely abdicated these responsibilities during decades of autocratic rule, followed by
years of armed conflict that further eroded the institutional capacity of the authorities at
all levels. In many ways, human rights concerns in the DRC centre around the question
what the State fails to do for its people, rather than what it does to them.
87. The seven thematic special procedures welcome the many strategy papers and action
plans in human rights relevant areas that the Government, often in cooperation with the
international community, has prepared. Such documents are first steps: they only obtain
meaning if they are actually implemented by the responsible Government authorities.
Technical assistance, as the term indicates, can only assist the Government in the
implementation process, but cannot replace government action.
88. Armed conflict has ended in most of the country and the elected authorities are now
in place to implement much needed reforms without delay on the ground. This being said,
the seven thematic special procedures recognize that considerable parts of the east of the
DRC still experience armed conflict. The existing armed conflicts exacerbate the extent and
severity of human rights violations and also pose a challenge to implementing government
initiatives and accompanying technical assistance measures to address structural human
rights concerns in key areas such as the justice and security sectors. The resolution of the
armed conflicts in DRC will require multilateral political processes involving Governments
of the DRC, neighbouring countries and beyond. However, political settlements achieved
will only be sustainable, if the authorities seriously and immediately address the human
rights concerns underlying the conflicts and the international community is prepared to
dedicate the necessary technical assistance to this crucial element of successful
peacebuilding. The absence of peace in the entire territory must not be an excuse to delay
reforms, but makes it ever more urgent to undertake them.
A. Priority objectives and technical assistance needs in this regard
89. The baseline assessment carried out by the seven thematic special procedures
highlights that the human rights problems in the entire territory of the DRC are serious,
multifaceted and deeply rooted in the political, economic and social dynamics at the local,
national and regional levels. On the basis of their assessment, the authors have identified
eight priority objectives for Government action along with technical assistance needs in
this regard. While several of them are reform areas where human rights actors (e.g. the
human rights and rule of law components of MONUC) have key roles in assisting the
Government, other actors will have to take the lead in other areas that are equally
important from a human rights perspective, with human rights actors only playing a
complementary role.
90. To a large extent the seven thematic special procedures have drawn on existing
recommendations that are longstanding and have been reiterated many times by the
United Nations, civil society organizations and experts. These include the sets of
recommendations formulated by those among the seven mandate holders who visited the
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