A/HRC/10/58
page 16
The work also included the protection of victims and witnesses in several sensitive cases such as
the trial of former Mayi-Mayi leader Kyungu Mutanga, known as Gédéon, in Katanga; the trial
for the assassination of Serge Maheshe in South Kivu, and during the judicial investigations
into a mass rape which occurred in Lieke Lesole, Oriental Province, between 21 July
and 6 August 2008.
IV. CONCLUSIONS AND RECOMMENDATIONS
A. Conclusions
57. The successful conclusion of the electoral process in the Democratic Republic of the
Congo in 2007 raised hopes that this vast war-torn country could enter a period of stability.
However, in eastern Congo, in particular in North Kivu and in Oriental Province, where
armed groups have remained active, mass-scale killings and other serious violations of
human rights and international humanitarian law have continued to be perpetrated in
impunity. In order to better prevent atrocities in the short term, the utmost priority should
be given by the FARDC and MONUC to enhancing the protection of civilians by
anticipating potential attacks on the basis of lessons learnt from past atrocities. Moreover,
ongoing peace negotiations should aim at addressing the root causes of conflict such as
illegal exploitation of natural resources and integrating mechanisms that take into account
records of abuses committed by individual commanders in past conflicts. This could,
inter alia take the form of a realistic vetting mechanism which effectively sanctions those
with particularly worrying human rights records, better funding and training of FARDC
personnel in order to create a more professional army that fulfils its constitutional role of
providing security for the Congolese population, and increased efforts to combat impunity,
including at the higher levels of the military hierarchy.
58. In light of the lack of progress made in the fight against impunity, the aforementioned
OHCHR-led Mapping Exercise will be of critical importance to addressing the issue of
accountability. The Mapping Exercise’s recommendations on transitional justice will need
full political backing. The international community as a whole must employ all its leverage
to ensure that justice and accountability underpin the quest for durable peace in the
Democratic Republic of the Congo.
59. Even in regions relatively free of conflict, serious human rights violations continue to
be committed frequently by state agents. Many of these violations derive from the current
and previous Congolese Government’s lack of progress in efficiently and transparently
collecting and redistributing the country’s vast natural resources wealth, which in turn has
led to practices that have become structurally embedded in many state agencies. After
decades of underfunded public services, state agents such as the FARDC and the PNC
regularly abuse their power to extract financial and other benefits from the civilian
population. Most worrying is the climate of increasing political repression affecting the
democratic space that had begun to emerge in the Democratic Republic of the Congo.
60. Peace, development and the emergence of democracy in the Democratic Republic of
the Congo will remain difficult to achieve unless the challenges outlined in this report are
tackled as a matter of priority. Crucially, new impetus must be given to efforts to address
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents