A/HRC/24/33
I. Introduction
1.
The present report is submitted pursuant to Human Rights Council resolution 19/27.
Like the three previous reports of the United Nations High Commissioner for Human
Rights submitted to the Human Rights Council on the Democratic Republic of the Congo, 1
the report presents an overview of the situation of human rights in the country, as well as of
the activities undertaken by the Office of the High Commissioner (OHCHR)2 in the country
from November 2011 to May 2013. In the report, the High Commissioner also assesses
progress with regard to the implementation of the recommendations made by OHCHR and
other United Nations human rights mechanisms.
II. Main human rights developments
2.
Since the previous report of the High Commissioner (A/HRC/19/48), the Congolese
authorities have made significant efforts to advance human rights including through the
introduction of new policies and legislative changes. Appointed in April 2012, the Minister
for Justice and Human Rights and her Deputy Minister have focused efforts on several
pivotal issues, such as the launching of the entités de liaison3 at the provincial level, the
implementation of the 2011 law criminalizing torture, and assessing prison conditions
throughout the country. The promulgation, on 21 March 2013, by the President of the
Democratic Republic of the Congo of a law establishing a national human rights
commission is also expected to greatly enhance the national capacity to promote and protect
human rights. The designation of its members and the completion of its establishment are
now pending. The relaunching of the parliamentary network on human rights was also a
significant development.
3.
At the same time, the situation of human rights has deteriorated, with a significant
increase in human rights violations, particularly in the conflict-stricken eastern provinces,
namely North Kivu, South Kivu, Orientale and northern Katanga. Since April 2012, the
majority of the human rights violations documented by the Joint Human Rights Office have
been related to the activities of Mouvement du 23 mars (M23). M23 committed gross
human rights violations and serious violations of international humanitarian law, as did
other armed groups, taking advantage of the security vacuum left since May 2012 following
the redeployment of units of the Armed Forces of the Democratic Republic of the Congo
(FARDC) to combat M23. These various Congolese and foreign armed groups have been
seeking to extend their influence and control over areas rich in natural resources. In that
context, killings, enforced disappearances and, cruel inhuman and degrading treatment and
rape were often committed in the scope of systematic attacks on villages and on their
civilian population, which may amount to crimes against humanity. In addition, in the
context of military operations against M23 and other armed groups, FARDC were the main
perpetrators of human rights violations.
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2
3
4
A/HRC/13/64, A/HRC/16/27 and A/HRC/19/48.
On 1 February 2008, the Division of Human Rights of the United Nations Organization Mission in
the Democratic Republic of the Congo (MONUC) and OHCHR in the Democratic Republic of the
Congo were merged to create the United Nations Joint Human Rights Office in the Democratic
Republic of the Congo.
In August 2009, the Entité de liaison pour les droits de l’homme, a forum for discussion on human
rights issues, was created by ministerial decree 095/35.
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