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Human Rights Council Holds Enhanced Interactive Dialogue on the Situation of Human Rights in the Democratic Republic of the Congo, Hearing that the Human Rights and Security Situation has Deteriorated Since Last October

31 March 2023

Council Concludes General Debate on Racism, Racial Discrimination, Xenophobia and Related Intolerance

The Human Rights Council this afternoon held an enhanced interactive dialogue on the oral updates by the High Commissioner and the team of international experts on the situation of human rights in the Democratic Republic of the Congo.  It also concluded the general debate under agenda item nine on racism, racial discrimination, xenophobia and related forms of intolerance: follow-up to and implementation of the Durban Declaration and Programme of Action.

Bintou Keita, Special Representative of the Secretary-General in the Democratic Republic of the Congo and Head of the United Nations Organization Stabilisation Mission in the Democratic Republic of the Congo, said the human rights and security situation had deteriorated since her statement on 4 October last year.  In the eastern part of the country, particularly in North Kivu and Ituri provinces, armed groups continued to carry out violent attacks against civilians and villages.  The situation in Mai-Ndombe province continued to be affected by attacks on civilians, causing massive population displacement, some towards Kinshasa.  The electoral process continued to be contested.  Ms. Keita noted with concern the rise in political discourse of xenophobic and racist messages that constituted a danger to national cohesion, peace and security.  The situation in the Petit Nord with the M23 remained of deep concern, having caused the displacement of almost 900,000 people. 

Volker Türk, High Commissioner for Human Rights, said the human rights challenges facing the people of the Democratic Republic of the Congo were well known to the Council.  In a country with abundant resources, 26.4 million people - or one in four Congolese - were at risk of severe food insecurity.  As a result of violence perpetrated by numerous armed groups, 6 million people were internally displaced, the largest number of internally displaced persons on the African continent.  The Government was strongly encouraged to make the fight against impunity the backbone of its strategy for the return of peace to conflict-affected areas.  The authorities also made significant efforts to create the conditions for a return to peace in the conflict-affected provinces.  Mr. Türk strongly encouraged the acceleration of the implementation of the disarmament, demobilisation, community rehabilitation and stabilisation programme.  The people of the Democratic Republic of the Congo had the right to live in peace, free from want and fear.

Paul Empole Losoko Efambe, Permanent Representative of the Democratic Republic of the Congo, reading out the statement of Albert Fabrice Puela, Minister of Human Rights of the Democratic Republic of the Congo, said that under the aegis of the President of the Republic, significant efforts had been undertaken to deliver on the international human rights commitments, respect them, promote them, protect them and implement them across the entire country, despite the challenges faced.  A transitional justice mechanism had been set up, with the aim of creating a climate of peace and reconciliation.  Work had been done to develop a national policy on transitional justice, setting out the Government’s vision on this matter.  The Government was working to frame the process of transitional justice, establishing specialised jurisdictions so as to deliver justice on serious human rights violations.  The Democratic Republic of the Congo continued to face many challenges, and therefore called upon all international partners and the international community to support its aims towards transitional justice.

Bacre Waly Ndiaye, President of the team of international experts in the Democratic Republic of the Congo, said the first visit on the ground in the Democratic Republic of the Congo took place in January, and allowed the team to participate in various programmes, and to note the significant progress made with regard to the fight against impunity and the aim of transitional justice.  A number of prosecution cases had led to 57 convictions of militia members.  The progress achieved in prosecutions against militia members contrasted against the slow pace of the cases against the armed and security forces.  Nevertheless, cases on crimes against humanity had begun at the courts.  The draft national policy on transitional justice was welcomed: this document was a crucial step in the process towards transitional justice, with a central structure that would play an essential role in financing and harmonising the work of the regional commissions. 

Junior Safari Runiga, National Coordinator of the Network for the Protection of Human Rights Defenders, Witnesses, Victims and Media Professionals, said the Democratic Republic of the Congo had been shaken for 30 years by deadly cyclical violence and looting of its natural resources by around 150 armed terrorist groups, particularly in the provinces of Ituri, Maniema, North Kivu, South Kivu and Tanganyika.  Serious human rights violations were committed with total impunity.  The country had become infamous for the recruitment of child soldiers and violence against women, which culminated in the rape of women and girls as a weapon of war.  Congolese public authorities had placed the protection and promotion of human rights and fundamental freedoms among the priorities, but action had never followed the statements.  Human rights violations and abuses in the Democratic Republic of the Congo fed on impunity; the Council was called on to condemn the violence and to recommend sanctions against its perpetrators, supporters and other beneficiaries. 

In the ensuing discussion, some speakers approved of the efforts made by the Government of the Democratic Republic of the Congo to improve the situation of human rights throughout its territory through various legislative means.  There was concern for the situation in the east of the country, with regard to the human rights violations committed by the various armed groups, including the M23 group.  Human rights should be respected, and the various peace processes implemented in order to put an end to the suffering of the population.  The situation of human rights defenders and journalists remained concerning, with most violations committed by State agents.  There had also been a rise of disinformation, which needed to be combatted by the authorities at the same time as targeting the rise in hate speech, ensuring that there was a free and fair space for civic discussion.  Peace could not be built where impunity existed: there must be justice for victims.  The international community must provide greater assistance, on the basis of the Democratic Republic of the Congo’s sovereignty, independence, and territoriality, in order to improve the humanitarian situation and ease difficulties for the local people.  All the armed groups must cease their activities. 
Speaking in the enhanced interactive debate were Côte d'Ivoire on behalf of a group of African States, European Union, Iceland on behalf of a group of countries, United States, France, China, Belgium, Venezuela, Togo, Egypt, Netherlands, United Kingdom, Sudan, Angola, Senegal, Niger, Botswana, Kenya, Australia, Russian Federation, Switzerland, and Rwanda.
Also speaking were Association PANAFRICA, Ensemble contre la Peine de Mort, Christians for the Abolition Of Torture, Rencontre Africaine pour la defense des droits de l'homme, International Service for Human Rights, Elizka Relief Foundation, Amnesty International, World Organization against Torture, International Bar Association, and Next Century Foundation.

At the beginning of the meeting, the Council concluded its general debate under agenda item nine on racism, racial discrimination, xenophobia and related forms of intolerance: follow-up to and implementation of the Durban Declaration and Programme of Action.  The general debate started in the previous meeting and a summary can be found here.

In the general debate, many speakers said they were concerned about continuing efforts to invalidate the Durban Declaration and Programme of Action and certain States’ refusal to recognise the need for reparations for the crimes of slavery, and called upon States to step up efforts to implement the Durban Declaration.  Racial equality was a vision that required further strengthening in society through an approach tackling racism, racial discrimination, xenophobia, and related intolerance.  The root causes of racism, including forms of intolerance and segregation, needed to be taken into account when drawing up plans to combat them.  Instead of just condemning and expressing concern for systemic discrimination and racism, former colonial powers needed to acknowledge their responsibility in creating a structure of discrimination through establishing new structures of acceptance, ensuring accountability, and making reparations.  It was important to acknowledge the direct link between online hate speech and physical hate crimes to persons and property.

Speaking in the general debate were Chad, Botswana, State of Palestine, and European Union on behalf of a group of countries.

Also speaking were International Youth and Student Movement for the United Nations, International Association of Jewish Lawyers and Jurists, International Organization for the Elimination of All Forms of Racial Discrimination, Association pour les Victimes Du Monde, Alliance internationale pour la défense des droits et des libertés, Asociacion Cubana de las Naciones Unidas (Cuban United Nations Association), European Union of Jewish Students, Institute for NGO Research, Next Century Foundation, International Service for Human Rights, International Federation for the Protection of the Rights of Ethnic, Religious, Linguistic and Other Minorities, Pasumai Thaayagam Foundation, Human Rights and Democratic Participation Center "SHAMS", Organization for Defending Victims of Violence, Arab European Forum for Dialogue and Human Rights, China Foundation for Human Rights Development, Sikh Human Rights Group, Friends World Committee for Consultation, Al Mezan Centre for Human Rights, Advocates for Human Rights, Rencontre Africaine pour la defense des droits de l'homme, European Centre for Law and Justice, The / Centre Europeen pour le droit, la Justice et les droits de l'homme, United Nations Association of China, International Council Supporting Fair Trial and Human Rights, Al-Haq, Law in the Service of Man, Women's Centre for Legal Aid and Counseling, United Nations Watch, Tumuku Development and Cultural Union, International Human Rights Association of American Minorities, Institut International pour les Droits et le Développement, Association MIMAN, Americans for Democracy and Human Rights in Bahrain Inc, International-Lawyers.Org, Human Rights Watch, Elizka Relief Foundation, Youth Parliament for SDG, Association des étudiants tamouls de France, Indigenous People of Africa Coordinating Committee, Fitilla, Al Baraem Association for Charitable Work, Integrated Youth Empowerment - Common Initiative Group, Asociacion HazteOir.org, Association pour la défense des droits de l'homme et des revendications démocratiques/culturelles du peuple Azerbaidjanais-Iran - « ARC », Union of Northwest Human Rights Organisation, Maloca Internationale, Global Institute for Water, Environment and Health, Alsalam Foundation, Institute for Human Rights, Society for Development and Community Empowerment, Association pour l'Intégration et le Développement Durable au Burundi, Platform for Youth Integration and Volunteerism, World Barua Organization, Association Bharathi Centre Culturel Franco-Tamoul, and Human Is Right.

Speaking in right of reply were Japan, Lithuania, Azerbaijan, Democratic People's Republic of Korea, and Armenia.

The webcast of the Human Rights Council meetings can be found here.  All meeting summaries can be found here.  Documents and reports related to the Human Rights Council’s fifty-second regular session can be found here.

The next meeting of the Council will be at 10 a.m. on Friday, 31 March, when it will hold an interactive dialogue with the Independent Expert on the situation of human rights in Mali, followed by an interactive dialogue on the High Commissioner’s oral update on Ukraine.

General Debate Under Agenda Item Nine on Racism, Racial Discrimination, Xenophobia and Related Intolerance: Follow-Up to and Implementation of the Durban Declaration and Programme of Action

The general debate on racism and racial discrimination started in the previous meeting and a summary can be found here.

Many speakers said they were concerned about continuing efforts to invalidate the Durban Declaration and Programme of Action and certain States’ refusal to recognise the need for reparations for the crimes of slavery, and called upon States to step up efforts to implement the Durban Declaration.  Racial equality was a vision that required further strengthening in societies through an approach tackling racism, racial discrimination, xenophobia, and related intolerance.  The centuries of intolerance required more to be done to deal with the achievement of the Sustainable Development Goals. 

The root causes of racism, including forms of intolerance and segregation, needed to be taken into account when drawing up plans to combat them.  Instead of just condemning and expressing concern for systemic discrimination and racism, former colonial powers needed to acknowledge their responsibility in creating a structure of discrimination through establishing new structures of acceptance, ensuring accountability, and making reparations.  It was time for them to recognise their historic role in creating these structures of discrimination.  The history of justifying and enabling colonial domination together with neo-colonial mind-sets enabled the evil of racism to persist.

It was important to acknowledge the direct link between online hate speech and physical hate crimes to persons and property.  The Council and the international community should take more proactive measures against racism, xenophobia, and anti-Semitism through a joint effort by United Nations bodies and other international organizations, governments, parliaments, and civil society.  Systemic and institutionalised racism, various forms of discrimination as well as identifying and addressing invisible challenges and barriers needed much more serious attention.  There should be effective inclusion of victims and affected communities as they were paramount in achieving accountability and redress, with the inclusion of experts in civil, political, social and cultural fields, as well as the incorporation of special measures to combat racism and racial discrimination.

The Inter-Governmental Working Group for the Effective Implementation of the Durban Declaration was, speakers said, a critical part of the United Nations human rights architecture which needed strengthening, increased resources and increased participation.  Speakers welcomed that the Inter-Governmental Working Group had been put at the centre of negotiating a declaration on the promotion of the human rights of people of African descent. 

The world today, which suffered through enough conflicts and crises, rather needed the reinforcement of a culture of tolerance, of living together, and of the respect of cultural and religious diversity, in all its forms, and the Council should condemn racist, anti-Semitic, Islamophobic, and all other forms of xenophobic acts in all clarity, as the United Nations Secretary-General had done, and lead the Office of the High Commissioner for Human Rights in raising public awareness of the dangers of the phenomenon on the respect of human rights.

Enhanced Interactive Dialogue on the Oral Updates by the High Commissioner and the Team of International Experts on the Situation of Human Rights in the Democratic Republic of the Congo

Statements by Presenters

VOLKER TÜRK, United Nations High Commissioner for Human Rights, said the human rights challenges facing the people of the Democratic Republic of the Congo were well known to the Council.  In a country with abundant resources, 26.4 million people - or one in four Congolese - were at risk of severe food insecurity.  Weak governance and lack of public services in many regions had a negative impact on the enjoyment of economic and social rights, including education and health.  As a result of violence perpetrated by numerous armed groups, 6 million people were internally displaced, the largest number of internally displaced persons on the African continent.  Armed violence had intensified, and since October 2022, at least 1,338 people, including 107 children, had been killed in the eastern provinces. 

In 2022, the United Nations Joint Human Rights Office documented and confirmed cases of conflict-related sexual violence on 701 victims, including 503 women, 11 men and 187 girls.  Significant steps had been taken by the authorities in the fight against impunity.  In 2022, at least 91 members of the defence and security forces and at least 143 members of armed groups were convicted of offences related to human rights violations.  These were important achievements, however, the scale of violations and abuses that had been suffered demanded much more action to stem widespread perceptions of impunity.  The Government was strongly encouraged to make the fight against impunity the backbone of its strategy for the return of peace to conflict-affected areas.  The authorities had also made significant efforts to create the conditions for a return to peace in the conflict-affected provinces.  Mr. Türk strongly encouraged the acceleration of the implementation of the disarmament, demobilisation, community rehabilitation and stabilisation programme. 

Increased tensions between ethnic groups, as well as between the Government of the Democratic Republic of the Congo and Rwanda, had led to disinformation and hate speech against certain ethnic groups and individuals.  Mr. Türk welcomed the measures taken to combat hate speech on social media and in the press, as well as the calls by the President to end incitement to hatred and discrimination.  The development of a national transitional justice policy and the adoption of a law on reparations were important steps.  Mr. Türk welcomed recent legislative reforms, in particular the adoption of the Law on the Promotion and Protection of the Rights of Indigenous Peoples in November 2022 and the Law on Reparations for Victims of Sexual Violence and Other Serious Crimes in December 2022. 

The High Commissioner called for continued governance reforms, including efforts to curb corruption and establish principled business practices.  The United Nations Joint Human Rights Office would continue to support the authorities' efforts to advance human rights, including through the United Nations Organization Stabilisation Mission in the Democratic Republic of the Congo’s planned withdrawal.  It was essential that sufficient resources were allocated to ensure a strong United Nations human rights presence in the country to ensure that monitoring, reporting, capacity building, advocacy and early warning activities could continue, and that technical assistance programmes within the United Nations Country Team were scaled up.  The people of the Democratic Republic of the Congo had the right to live in peace, free from want and fear.

After his five years of remarkable service at the head of the International Team of Experts on the Democratic Republic of the Congo, Mr. Ndiaye would be leaving, and the High Commissioner said he had decided to appoint Ms. Keïta-Bocoum as Chair in his place.  Arnaud Akodjenou would be joining the expert team.

PAUL EMPOLE LOSOKO EFAMBE, Permanent Representative of the Democratic Republic of the Congo to the United Nations Office at Geneva, read out the statement of ALBERT FABRICE PUELA, Minister of Human Rights of the Democratic Republic of the Congo, who had been called back home on urgent matters.  Under the aegis of the President of the Republic, significant efforts had been undertaken to deliver on the country’s international human rights commitments, respect them, promote them, protect them and implement them across the entire country, despite the challenges faced.  A transitional justice mechanism had been set up, with the aim of creating a climate of peace and reconciliation.  Work had been carried out to develop a national policy on transitional justice, setting out the Government’s vision on this matter.  This document would be considered by members of Parliament during the March 2023 session. 

The Government had de-centralised the process of transitional justice, sponsoring initiatives to strengthen the roles of the justices sitting in provincial areas, allowing them to better operationalise their commission. 

Through its demobilisation, disarmament, community recovery and stabilisation programme, the Government had worked to reintegrate certain members of armed groups into the community.  The Government was working to frame the process of transitional justice, establishing specialised jurisdictions so as to deliver justice on serious human rights violations.  The Government had begun to implement a law on the fundamental principles for reparation for victims of sexual violence and victims of attacks against peace and security, and a decree had been signed establishing a National Fund for the Victims of Sexual Violence.  The Government continued to advocate for an International Tribunal for the Democratic Republic of the Congo, so as to deal with the many human rights violations recorded by the Office of the High Commissioner for Human Rights, among other means for justice.  These initiatives had been commended, but the Democratic Republic of the Congo continued to face many challenges, and therefore called upon all international partners and the international community to support its aims towards transitional justice.

In order to further ensure the respect for human rights, the Government would further improve the legal framework for the judiciary to establish an environment conducive to the protection of the human rights of the inhabitants of the country, and would strengthen the capacities of the criminal justice system and the national human rights commission.  The prison management system would be improved.  The Democratic Republic of the Congo wished to strengthen its fight against the armed groups still operational in the east of the country, in particular the M23 terrorist group, which was the source of the worsening human rights situation and the human rights violations in this area of the country.  The Government had chosen to liberalise public spaces to allow for better freedoms of expression and thought, in particular in this pre-election period.  A torture prevention mechanism was also being established.

BINTOU KEITA, Special Representative of the United Nations Secretary-General in the Democratic Republic of the Congo and Head of the United Nations Organization Stabilisation Mission in the Democratic Republic of the Congo, said the human rights and security situation had deteriorated since her statement on 4 October last year.  In the eastern part of the country, particularly in North Kivu and Ituri provinces, armed groups continued to carry out violent attacks against civilians and villages.  The situation in Mai-Ndombe province continued to be affected by attacks on civilians, causing massive population displacement, some towards Kinshasa.  The electoral process continued to be contested.  Registration operations that began on 16 February had experienced delays due in part to logistical and technical challenges.  Thousands of Congolese had not been able to be registered as a result of insecurity. 

Ms. Keita noted with concern the rise in political discourse of xenophobic and racist messages that constituted a danger to national cohesion, peace and security.  The electoral process needed to be inclusive.  The situation in the Petit Nord with the M23 remained of deep concern, having caused the displacement of almost 900,000 people.  Ms. Keita welcomed ongoing regional efforts through the Nairobi and Luanda processes and invited Member States to continue to be fully behind these two interlinked processes.  Based on experience, it was imperative to maintain the Stabilisation Mission’s freedom of movement to enable it to fully and effectively undertake its mandate to protect civilians, including monitoring compliance with human rights standards during military operations by Congolese and non-Congolese forces, and implementing early warning and response mechanisms.  The Mission’s drawdown would leave gaps in terms of logistic and security support, and the international community would need to dedicate additional resources for this important endeavour. 

Despite the Democratic Republic of the Congo being a party to several regional and international instruments, the promotion and protection of socio-economic and cultural rights in the country remained a challenge; legal frameworks alone could not guarantee their respect.  Within its mandate, the United Nations Country Team would continue leveraging technical capacity, through transitional justice processes and in collaboration with other United Nations funds, agencies and programmes, to address inequalities in the country.  Hate speech and incitement to hostility or violence, including against United Nations personnel, continued.  Also targeted were Congolese whose citizenship was challenged, particularly in the east with the ongoing M23 crisis.  In the electoral context, the Stabilisation Mission, with the support of the Office of the High Commissioner for Human Rights was developing crucial early warning and response mechanisms on electoral violence as part of the Mission’s support to the holding of peaceful, transparent, credible and inclusive elections on 20 December 2023.  

BACRE WALY NDIAYE, President of the team of international experts in the Democratic Republic of the Congo, said the first visit on the ground in the Democratic Republic of the Congo took place in January, and allowed the team to participate in various programmes, and to note the significant progress made with regard to the fight against impunity and the aim of transitional justice.  A number of prosecution cases had led to 57 convictions of militia members.  The progress achieved in prosecutions against militia members contrasted against the slow pace of the cases against the armed and security forces.  Nevertheless, cases on crimes against humanity had begun at the courts.  The team encouraged the military and judiciary authorities to close the investigations and speed up the prosecutions. 

The draft national policy on transitional justice was welcomed: this document was a crucial step in the process towards transitional justice, with a central structure that would play an essential role in financing and harmonising the work of the regional commissions.  The rise of hate speech in communities and the rise of criminal activities by armed groups was condemned.  The resurgence of the M23 rebellion was condemned: all efforts by the international community to bring an end to this war must be made, as it was at the heart of violations of human rights and international humanitarian law.  The sub-regional dimension of the conflict should not be limited to political discussions underway: this dimension must extend to the fight against impunity and for transitional justice.  The team would continue to support all efforts towards transitional justice.  The authorities were thanked for their frank cooperation. 

JUNIOR SAFARI RUNIGA, National Coordinator of the Network for the Protection of Human Rights Defenders, Witnesses, Victims and Media Professionals, said the Democratic Republic of the Congo had been shaken for 30 years by deadly cyclical violence and looting of its natural resources by around 150 armed terrorist groups, particularly in the provinces of Ituri, Maniema, North Kivu, South Kivu and Tanganyika.  Serious human rights violations were committed with total impunity.  The country had become infamous for the recruitment of child soldiers and violence against women, which had culminated in the rape of women and girls as a weapon of war.  There had also been abusive restrictions and obstacles to the exercise of public freedoms, including the repression of peaceful public demonstrations, politically motivated arbitrary arrests and detentions, and threats and intimidation against human rights defenders, journalists and political opponents. 

This situation was aggravated by the weak presence of State authority throughout the country, rampant corruption, and discrimination against indigenous peoples, the disabled and other vulnerable persons.  Congolese public authorities had placed the protection and promotion of human rights and fundamental freedoms among the priorities, but action had never followed the statements.  Human rights violations and abuses in the Democratic Republic of the Congo fed on impunity; the Council was called on to condemn the violence and to recommend sanctions against its perpetrators, supporters and other beneficiaries.  Despite the cries of victims and civil society actors, no credible initiative had been taken to end impunity, establish the truth, redress victims, and implement guarantees of non-repetition. 

The initiatives of the Ministry of Human Rights in the context of transitional justice were welcomed.  It was hoped that consultations would lead to the adoption of effective mechanisms and that the Kasai process would be further supported.  The absence of credible and inclusive elections had led to a crisis of legitimacy that jeopardised national cohesion.  The Government needed to fully support the organization of elections as provided for and required by the Congolese Constitution.  Members of Parliament should promptly consider and adopt the draft law against racism, tribalism and xenophobia to provide a framework for prevention and effective response. 

Discussion

In the ensuing discussion, some speakers approved of the efforts made by the Government of the Democratic Republic of the Congo to improve the situation of human rights throughout its territory through various legislative means.  There was concern for the situation in the east of the country, with regard to the human rights violations committed by the various armed groups, including the M23 group.  Human rights should be respected and the various peace processes implemented in order to put an end to the suffering of the population.  The Office of the High Commissioner for Human Rights should document all human rights violations, ensuring that there would be justice for the victims.  There was only one way out of this conflict:  the violence must stop in order to give dialogue and peace a chance to succeed, and to give those who had endured terrible acts of violence, and threats to their lives and livelihoods, and those of their loved ones, a chance to rebuild and begin again.

The situation of human rights defenders and journalists remained concerning, with most violations committed by State agents, according to some speakers.  There had also been a rise of disinformation, which needed to be combatted by the authorities at the same time as targeting the rise in hate speech, ensuring that there was a free and fair space for civic discussion.  There had been a recent increase in arrests and arbitrary detentions, which was of concern, as was a return to a discussion on the law on being Congolese, which had been deemed unconstitutional in 2021.  The various convictions on human rights violations were welcomed, but the conflicts in the east needed to end.  All countries of the region must respect the Democratic Republic of the Congo’s territorial integrity and end support to non-State armed groups. 

There must be free and fair elections.  The humanitarian situation had already been fragile, and had been worsening for months: this should rally the attention of international organizations and humanitarian bodies.  Peace could not be built where impunity existed: there must be justice for victims.  The relevant parties should put national interests first through dialogue aimed at achieving a lasting peace throughout the country.  The international community must provide greater assistance, on the basis of the Democratic Republic of the Congo’s sovereignty, independence, and territoriality, in order to improve the humanitarian situation and ease difficulties for the local people.  All the armed groups must cease their activities. 

Some speakers said the deteriorating security situation, caused primarily by the armed group M23, as well as other armed groups, severely impacted the rights of the Congolese population and jeopardised the coming elections.  The state of siege in the provinces of North Kivu and Ituri, which were introduced in 2021, remained.  Accountability and the rule of law must be ensured.  The trial regarding the murders of United Nations experts Zaida Catalán and Michael Sharp was now in appeal and in the final instance: it was of utmost importance that the appeal process took all evidence into consideration.  The ongoing investigation on these heinous crimes, conducted in close cooperation with the United Nations-mandated follow-up mechanism, remained crucial and enjoyed full support.  Some speakers said unilateral coercive measures perpetrated against the Democratic Republic of the Congo must be ended, as they impeded the full attainment of human rights by all inhabitants of the country.

Among questions posed by speakers were: a request to the High Commissioner to elaborate on the consequences that the violence may have on existing ethnic tensions; how could the international community support the Government in its continued efforts to de-escalate violence, and help it to investigate human rights violations; how could the international community provide support to avoid a resurgence of human rights violations in the run-up to elections; and a request for the High Commissioner’s assessment on how the international community could best support the efforts to achieve a just and lasting peace.

Concluding Remarks

JUNIOR SAFARI RUNIGA, National Coordinator of the Network for the Protection of Human Rights Defenders, Witnesses, Victims and Media Professionals, said it was time for the international community and the United Nations to prosecute the perpetrators of crimes in the Democratic Republic of the Congo.  He called on the Democratic Republic of the Congo and the United Nations to implement the recommendations of the mapping report towards transitional justice, which would allow victims to obtain compensation and stop anyone who continued to feed the violence.

MARIE-THÉRÈSE KEITA-BOCOUM, Member of the team of international experts in the Democratic Republic of the Congo, said there would be a two-level structure implemented for transitional justice.  Women were essential; the entire strategy was victim-centred and was based on the protection of women who had been raped and injured and who needed judicial protection.  The mapping report needed to be implemented, which would take into account the position of women and the role they could play to ensure there was non-recurrence of such violence.  The entire architecture being implemented at two different levels took women into account. 

BACRE WALY NDIAYE, President of the team of international experts in the Democratic Republic of the Congo, said there was a lot of work to be done in the Democratic Republic of the Congo, and it was possible to act.  The international community could help: the war was the most violent cause of human rights violations, and financing transitional justice efforts was vital.  The law existed; it needed to be applied, and judges should be given effective training to meet these needs.  The idea of universal justice should be used to help regional mechanisms to take into account the problem of human rights violations and the sub-regional aspect of transitional justice.

BINTOU KEITA, Special Representative of the Secretary-General in the Democratic Republic of the Congo and Head of the United Nations Organization Stabilisation Mission in the Democratic Republic of the Congo, said a lot remained to be done, of course, but it was important to recognise when steps were being taken in the right direction.  In terms of steps on the ground, it was important to carry on the work being carried out by the United Nations Joint Human Rights Office and the United Nations Organization Stabilisation Mission in the Democratic Republic of the Congo.  The discussions with the authorities needed to continue.  There was a need for additional resources for the transition.

PAUL EMPOLE LOSOKO EFAMBE, Permanent Representative of the Democratic Republic of the Congo to the United Nations Office at Geneva, thanked all speakers for the recognition of the efforts being made by the Government of the Democratic Republic of the Congo and by the Head of State.  All speakers recognised that to bring an end to human rights violations in the Democratic Republic of the Congo, there was an absolute need to bring an end to the conflict in the east.  The State was engaged in the Nairobi and Luanda processes, as well as the Addis Ababa process.  The M23 did not want to uphold its commitments under these processes, and Rwanda continued to support them not only with weapons but by being present in the Democratic Republic of the Congo with Rwandan troops who were working with the M23.  They were neighbouring countries that should be working towards a climate of peace. 

MAARIT KOHONEN SHERIFF, Chief of the Africa Branch, Office of the High Commissioner for Human Rights, said there was an important opportunity at the United Nations to support the transitional justice processes which had been started and the launching of the mechanisms.  The President had announced that he would pursue concrete steps towards accountability with the mapping report.  The international community should be on standby to support dialogue for reconciliation and social cohesion.  It was extremely important to restore the trust between various actors when it came to the electoral commission, to keep civic space open, and to make sure internally displaced persons were able to register for the vote. 

Link: https://www.ungeneva.org/en/news-media/meeting-summary/2023/03/le-conseil-des-droits-de-lhomme-tient-un-dialogue-renforce-sur

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