A/HRC/13/63
page 2
Summary
This report is submitted by seven United Nations experts pursuant to Human
Rights Council resolution 10/33. The experts find that the human rights situation has not
improved since their initial report and remains serious, including in areas not affected
by conflict. Members of the Armed Forces of the Democratic Republic of the Congo
(FARDC), the National Congolese Police (PNC), the National Intelligence Agency
(ANR) and other intelligence forces have been reported as being responsible for
summary executions, sexual violence, torture and ill-treatment. Armed groups such as
the Lord’s Resistance Army (LRA) and the Democratic Forces for the Liberation of
Rwanda (FDLR) commit atrocities that amount to grave breaches of international
humanitarian law and, in some instances, may also constitute crimes against humanity.
There has been little progress in implementing the recommendations that the
experts made in their initial report. Government efforts in particular have been wholly
insufficient, making it difficult for partners to provide related technical assistance.
Impunity and the continued presence of perpetrators of serious violations in the
security forces remain key concerns. Reforms of the justice and security sectors,
recommended by the experts, have not advanced enough and efforts undertaken are
undermined by a lack of will to implement a declared “zero tolerance” policy in respect
of certain influential individuals suspected of serious human rights violations.
Violence against women, in particular rape and gang rape committed by men in
uniform and civilians, remains a serious concern, including in areas not affected by
armed conflict. Laws and practices that discriminate against women remain in place and,
along with impunity, remain a root cause of violence against women.
Improvements in peace and security have allowed for the release of some child
soldiers from armed groups undergoing integration with FARDC. However, certain
FARDC brigades continue to use and recruit child soldiers, a problem the Government
urgently needs to tackle on the basis of an action plan.
The link between violations and illegal exploitation and trade of natural
resources, and unresolved land conflicts is increasingly recognized. The lack of
transparent and effective Government control over the mining sector deprives the State
of funds it could dedicate to financing its responsibilities with respect to social and
economic rights.
The Government neglects its responsibilities to protect and assist internally
displaced persons and returnees, who therefore have to rely entirely on the support
provided by the international community. In addition, there is a real risk that displaced
populations may not be able to participate in the 2010 local elections.
There has been little progress in moving forward legislation to strengthen State
and civil society structures to promote and protect human rights. There is a worrying
trend of certain officials trying to delegitimize and harass human rights defenders, thus
fuelling the increase in violence against defenders.
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