A/HRC/16/27
administrative and legal committee is a step towards the adoption of a proposal that has
been before Parliament since 2003. It is to be hoped that it will be adopted within a
reasonable time frame, as it would give the Congolese judicial system more weapons in the
fight against impunity.
53.
As regards the establishment of the human rights liaison body recommended by the
Human Rights Council,32 this body is not yet working effectively. It was established by
order of the Prime Minister on 12 August 200933 and officially inaugurated on 17 April
2010, and held its first expert meeting on 24 August 2010. Nevertheless, the Government
will have to demonstrate real commitment if this mechanism is to function effectively.
Actions taken by the United Nations Joint Human Rights Office
54.
The Joint Human Rights Office has stepped up its assistance to the judicial system in
several areas, in cooperation with the Rule of Law Section of the United Nations
Organization Stabilization Mission in the Democratic Republic of the Congo
(MONUSCO), the United Nations Development Programme and other partners. The
judicial authorities continued to receive assistance with the conduct of inquiries. Between
January and October 2010, the Office helped the authorities to conduct 28 inquiries into
human rights violations in Goma, Beni, Butembo, Bukavu, Uvira, Bunia, Kisangani, Kindu,
Dungu, Kananga and Mbandaka. It also stayed in regular contact with the authorities for the
duration of the follow-up to the cases, and trained a number of judicial officials in human
rights principles and the rule of law. In an effort to make the judicial system more effective
and accountable, the Office also helped develop a code of ethics for judges.
55.
In addition to my Office’s work in the Democratic Republic of the Congo, I
implemented a “mapping exercise”, which resulted in the publication of the “Report of the
mapping exercise documenting the most serious violations of human rights and
international humanitarian law committed within the territory of the Democratic Republic
of the Congo between March 1993 and June 2003”.34 The report contains descriptions of
over 600 incidents that took place in the country during that period, as well as numerous
serious acts of violence committed by foreign and Congolese forces or armed groups. The
vast majority of the incidents concern multiple violations of human rights or humanitarian
law, and could constitute crimes against humanity or war crimes, and often both at the same
time. The report also concludes that the apparently systematic and widespread attacks on
the Hutu (refugees and others) in 1997 and 1998 reveal a number of inculpatory elements
which, if proven before a competent court, could be characterized as crimes of genocide.
There are, however, a number of countervailing factors that could lead a court to find that
the requisite intent was lacking, and hence that the crime of genocide was not committed.
56.
One important aspect of the terms of reference for the mapping exercise was the
assessment of the resources available to the Congolese justice system to deal with the
numerous crimes committed between 1993 and 2003, as well as afterwards. The report
concludes that the capacity of the Congolese justice system to bring an end to impunity for
crimes under international law is severely limited. It goes on to list the options for
combating impunity in the Democratic Republic of the Congo, including the establishment
of judicial mechanisms and a truth-seeking mechanism, institutional reform and reparations
for victims.
32
33
34
GE.11-10197
A local mechanism for cooperation between the Government of the Democratic Republic of the
Congo, the Joint Human Rights Office and the United Nations Organization Stabilization Mission in
the Democratic Republic of the Congo (MONUSCO) (see Human Rights Council resolution 7/20).
Decree No. 095/35.
Published on 1 October 2010.
15
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