A/HRC/30/33
2.
Combating discrimination with respect to persons living with HIV
57. The overall level of tolerance towards persons living with HIV was estimated to
be 6.4 per cent in 2007. 13 The Joint United Nations Programme on HIV/AIDS and
UNFPA provided technical assistance towards the adoption of Act No. 0 8/011 of 14
July 2008 relating to the protection of the rights of persons living with HIV/AIDS and
affected persons. They supported the national multisector programme to combat AIDS
and the updating of the national strategic plan to combat HIV. The Governm ent
created units to combat HIV, centralizing the efforts of all its departments. Despite
those legal and institutional developments, the overall level of tolerance towards
persons living with HIV is 4.2 per cent (demographic and health survey 2014). This
slight decline in tolerance can be explained by the absence of measures accompanying
the law to protect persons living with HIV, the impunity of persons committing acts of
stigmatization and discrimination and the frequency of such acts. 14
3.
Human rights with respect to natural resources
58. One of the principal objectives of the Growth and Poverty Reduction Strategy
Paper 2011-2015 is to strengthen the legal and regulatory framework in the mining
sector. Communities bordering extractive resource operations areas do not enjoy some
economic and social rights (the rights to health and education, access to safe drinking
water and fair and equitable compensation) as a result of their limited capacities to
form committees to defend their rights in the face of insufficient Government action to
protect them.
59. Between 2012 and 2014, UNJHRO, the Carter Center, Cordaid and OSISA
provided technical assistance to more than 3,000 members of civil society and local
communities to ensure that they were able to contribute to the revision of the Mining
Code. Thus, civil society formulated recommendations which were sent to the
Government to ensure that the needs of local communities were taken into account in
areas in which natural resources are extracted. The recommend ations highlighted the
lack of consultation with local communities regarding their development and the
enjoyment of their economic and social rights. The new code has yet to be adopted.
60. The Growth and Poverty Reduction Strategy Paper 2011-2015 also targets
improved management of the mining sector towards sustainable development of the
social environment. From 2012 to 2014, Cordaid supported the local communities of
Kolwezi and Fungurume (Katanga Province) in drawing up their l ocal development
plans for 2016-2020 and 2015-2019, respectively. The plans aim to establish a
constructive dialogue between the communities, the companies Kamoa Copper SA and
Temke Fungurume Mining and the local authorities to ensure that development
priorities are taken into account and to protect the economic and social rights of the
communities.
61. Raising the awareness of national stakeholders, local communities and business
enterprises concerning the principles and norms of human rights in the context of the
exploitation of natural resources, in particular the John Ruggie principles, 15 should be
emphasized. The international community should make economic and social rights a
priority for intervention, including by providing the necessary assistance in this area to
all parties concerned. In addition, it should continue to support the Government in
order to combat the armed groups that are responsible for the illegal exploitation of
resources and the extreme insecurity that has engulfed the population.
__________________
13
14
15
16/19
Demographic and health survey (2007), p. 130.
National strategic plan to fight AIDS: 2014-2017, Democratic Republic of the Congo, 2014.
The principles of John Ruggie, Special Representative of the Secretary -General on human rights
and transnational corporations and other business enterprises, were approved by the Human Ri ghts
Council in resolution A/HRC/RES/17/4 of 16 June 2011.
GE.15-14279
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents