A/HRC/27/42
resourced and consequently often lack the capacity to investigate and prosecute those
responsible for many of the reported cases of human rights violations. More
fundamentally, the lack of independence of the military justice system from the
military hierarchy is a major concern. Fighting impunity for human rights violations
requires coordinated and determined efforts by the executive branch, law
enforcement bodies and judicial authorities.
B.
Recommendations
58.
The High Commissioner recommends that the Government of the Democratic
Republic of the Congo:
(a)
Address past human rights violations, including through the prompt
adoption of the law on the specialized chambers consistent with international
standards and, following broad consultations;
(b)
Speed up the reform of the security sector, including the establishment of
a reliable vetting mechanism, so that perpetrators of human rights violations are not
maintained within or integrated into the security forces;
(c)
Ensure that the future national human rights commission is operational
through the prompt appointment of its members and appropriate financial and
logistical capacity support for its effective functioning, in accordance with the
principles relating to the status of national institutions for the promotion and
protection of human rights (Paris Principles);
(d)
Ensure the implementation of the Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
and accordingly, and with the assistance of the Subcommittee on the Prevention of
Torture established in the context of the Protocol, create a national mechanism to
prevent torture;
(e)
Enact an appropriate legal framework for the protection of human
rights defenders, journalists and other media workers and the strengthening/and or
creation of protection mechanisms;
(f)
Ensure that the rights to freedom of expression and peaceful assembly be
respected so as to create a safe and conducive environment for the legitimate and
peaceful activities of civil society;
(g)
Devise a national action plan for the implementation of
recommendations of the United Nations human rights mechanisms, including the
universal periodic review and treaty bodies;
(h)
Extend a standing invitation to all thematic special procedures mandate
holders, and provide detailed responses to their communications.
59.
In view of the above recommendations, the Human Rights Council should
continue to be seized of the situation of human rights in the Democratic Republic of
the Congo.
17
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