Human Rights Council discusses situation in the Democratic Republic of the Congo

MIDDAY

3 July 2018

The Human Rights Council in its midday meeting held an enhanced interactive dialogue with the High Commissioner for Human Rights on the report of the High Commissioner on the findings of the team of international experts on the situation in the Kasai regions of the Democratic Republic of the Congo, and on the oral update by the Office of the High Commissioner on the situation of human rights in the Democratic Republic of the Congo.

Presenting his report, High Commissioner for Human Rights Zeid Ra’ad Al Hussein expressed great concern about the human rights situation in the Democratic Republic of the Congo, where an increased number of violations were documented during the first months of 2018.  The High Commissioner remained particularly concerned about the violence in South and North Kivu, and in the Kasai regions.  He also regretted numerous violations of people's human rights to participate in the democratic space, which raised serious doubts about the credibility of the country's long-delayed elections, which were due to take place on 23 December 2018.  Moreover, legislation currently in preparation appeared to be intended to further restrict public freedoms and the role of civil society in the country.

Abdoul Aziz Thioye, Director of the United Nations Joint Human Rights Office in the Democratic Republic of the Congo, noted the progress made with the establishment of a commission by the Ministry of Human Rights to investigate the violent oppression of peaceful demonstrations on 31 December 2017 and on 21 January 2018.  However, he reminded that the majority of the recommendations made by that commission were still awaiting implementation.  He also commended progress in preparing for elections, and emphasized the need to comprehensively implement the 31 December 2016 agreement, which was the only possible way to come out of the current political and security crisis.  

Bacre Waly Ndiaye, Team Leader of the Team of International Experts on the situation in the Kasai regions, said that the human rights situation in the Kasai regions was shocking and that some of the committed atrocities could constitute crimes against humanity and war crimes.  Children were disproportionately affected, often being sent into battle by militias armed only with sticks, whereas women were victims of rape, and hundreds of thousands of persons had been forced to flee their homes.  

Marie-Ange Mushobekwa, Minister of Human Rights of the Democratic Republic of the Congo, noted that some political actors at both the national and international levels had tried to instrumentalise the drama in the country.  The Government was aware that peace and reconciliation would never be possible without justice.  Accordingly, the Ministry of Human Rights had carried out investigations into alleged human rights violations in the Kasai regions.  Even though there were some elements of the national military and police who were guilty of crimes, it did not mean that all of the men and women wearing the police and military uniforms were bandits.  The Government had already arrested three quarters of the police and military personnel suspected of having committed crimes.  

In the ensuing discussion, speakers expressed deep concern about the conclusions presented by the team of experts and the level of violence documented in the Kasai region, including the use of child soldiers.  Various armed groups, including the Congolese military, had committed numerous abuses since 2016, some of which could amount to crimes against humanity.  If nothing was done to resolve tensions in the country, the violence could spark again after the upcoming elections.  Much of the recent violence in the Democratic Republic of the Congo was linked to President Kabila’s stay in power beyond the constitutionally mandated term-limit.  The Congolese authorities must take all steps to ensure that the perpetrators of human rights abuses were brought to justice, and to ensure free and fair elections.  Speakers also regretted that a humanitarian crisis was unfolding in the Kasai region, with some three million people in the region suffering from malnutrition.  The international community had to offer technical assistance and capacity-building to the authorities, and all direct actors in the process of regularization of the conflict should overcome differences in favour of peace, security, stability and national reconciliation.  

Speaking were European Union, Togo on behalf of the African Group, Czechia, Germany, Estonia, Belgium, France, Switzerland, Australia, Sudan, Spain, Botswana, New Zealand, China, United Kingdom, Netherlands, Eritrea, Ireland, Mozambique, Algeria, Angola, and Egypt.

Also taking the floor were the following non-governmental organizations: International Federation for Human Rights Leagues; Human Rights Watch; Association Dunenyo ; World Evangelical Alliance; International Federation of ACAT Action By Christians for the Abolition of Torture ; Franciscans International; Action internationale pour la paix et le développement dans la région des Grands Lacs ; Amnesty International; International Service for Human Rights.

The Council will next hear a presentation by the High Commissioner for Human Rights on the human rights situation in Ukraine.

Documentation

The Council has before it the Report of the United Nations High Commissioner for Human Rights on the findings of the team of international experts on the situation in the Kasai regions of the Democratic Republic of the Congo (A/HRC/38/31).

Enhanced Interactive Dialogue on the Report on the Situation in the Kasai regions of the Democratic Republic of the Congo, and on the Update on the Situation of Human Rights in the Democratic Republic of the Congo

Keynote Statements

ZEID RA’AD AL HUSSEIN, United Nations High Commissioner for Human Rights, noted that the human rights situation in the Democratic Republic of the Congo remained of great concern.  The United Nations Joint Human Rights Office had documented an increased number of violations: 2,858 from January to May 2018, as compared to 2,332 during the same period in 2017.  The real scale of violations was certainly even greater.   The High Commissioner remained particularly concerned about the violence in South and North Kivu, and in the Kasai regions, with increasing activity by Nyatura and other Mayi-Mayi armed groups in North Kivu, as well as a Mayi-Mayi coalition active in South Kivu and, more recently, in the province of Maniema.  Inter-ethnic and inter-community violence had also continued in Ituri province between members of the Hema and Lendu communities, resulting in deaths, the burning of villages, and mass displacement.  Those and other conflicts continued to drive very large numbers of people away from their homes and livelihoods, further deepening their vulnerability to violations, particularly in the case of women and children.  There were now 4.4 million internally displaced people in the country.  The High Commissioner strongly urged the authorities to abide by their obligations under international human rights and humanitarian law in all the conflict zones.  Members of the Congolese armed forces appeared to have been responsible for fully one third of the violations and abuses, including sexual violence.  Effective justice would be a deterrent to prevent future violations by members of the military, the High Commissioner noted, and added that in recent months there had been some limited progress in establishing accountability for past violations.  In April 2018, a Lieutenant Colonel had been sentenced by the South Kivu military tribunal to a 20-year prison term for crimes against humanity and war crimes, including sexual slavery, as well as pillage and attacks on civilians, committed between 2005 and 2007.

The High Commissioner also voiced deep concern about numerous violations of human rights norms and principles in relation to people's rights to participate in the democratic space.  That persistent trend raised serious doubts about the credibility of the country's long-delayed elections, which were due to take place on 23 December 2018.  Regrettably, there had been no progress in implementing the confidence-building measures laid out in the 31 December 2016 political agreement, including respect for the rights to freedom of opinion, expression and peaceful assembly, the release of all political prisoners, and accountability for human rights violations.  Despite verbal commitments by the country’s Minister of Human Rights to lift the ban on public demonstrations, the authorities had continued to prohibit or repress activities organized by civil society and opposition parties.  Intimidation of human rights activists and journalists had intensified, and multiple cases of arbitrary arrests and detention by the security forces continued to be documented.  Moreover, legislation currently in preparation appeared to be intended to further restrict public freedoms and the role of civil society in the country.  Those bills included a draft law on terrorism, a draft law on the protection and responsibilities of human rights defenders, and a draft law regulating the work of non-profit organizations.  The High Commissioner strongly encouraged members of Parliament to refrain from adopting laws which failed to comply with the people's human rights.  In view of the upcoming elections, the High Commissioner encouraged the Government to prevent further erosion of the rights of the Congolese people at this crucial time, and to fully implement its commitments under the 31 December 2016 agreement, including the release of all political prisoners.

ABDOUL AZIZ THIOYE, Director of the United Nations Joint Human Rights Office in the Democratic Republic of the Congo, said that progress had been made since his last address to the Council, notably with the establishment of a commission by the Ministry of Human Rights to investigate the violent oppression of peaceful demonstrations by the security forces on 31 December 2017 and on 21 January 2018.  That had led to great hope.  It was important to emphasize the fact that some victims were receiving medical care and that the final report had been transmitted to the Ministry of Justice.  However, more than three months after the publication of the report, the majority of the recommendations made by the commission were still awaiting implementation.  Mr. Thioye reiterated that the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) was ready and willing to provide support to the authorities of the Democratic Republic of the Congo in that implementation.  The mandate given by the Security Council to the MONUSCO contained two strategic pillars: protection of civilians, and support for the political and electoral process.  It was within that framework that Mr. Thioye was continuing his good offices and was regularly meeting the Congolese authorities and other stakeholders, and national and international partners.  During those meetings, Mr. Thioye emphasized the need to comprehensively implement the measures to decrease tension, as provided by the 31 December 2016 agreement, which was the only possible way forward to come out of the current political and security crisis.  Mr. Thioye commended progress in preparing for elections, which showed the will of the Congolese authorities and of the opposition to make sure that the elections on 23 December 2018 would be held in a peaceful climate.  The independence of all State institutions in the elections, notably of the judiciary, was necessary in order to gain the trust of the Congolese people.  

Turning to the management of peaceful demonstrations, Mr. Thioye stressed that the political affiliation of the organizers of demonstrations should not be given any consideration.  The security services must respect guidelines.  The laws currently considered by the Parliament should allow for the strengthening of democratic processes, such as affording protection to human rights defenders.  Long-term deprivation of liberty and incommunicado detention by the security forces must also cease.  Mr. Thioye emphasized that the humanitarian situation in the country continued to be of great concern.  In a recent report, the United Nations Children’s Fund highlighted that 3.8 million people in the Kasai region needed humanitarian assistance, including 2.3 million children.  A very high number of children was at risk of dying because of acute malnutrition, whereas thousands of children formerly associated with militias lacked support to reintegrate into their families and communities.  Children across the region would continue to be denied their right to education.  In such a context, the findings of the independent team of international experts were crucial in supporting the Congolese authorities in establishing accountability for the gross human rights violations in order to prevent recurrence and provide redress to victims.  It was crucial to find a durable solution in the Kasai region, by fighting impunity, fostering reconciliation and restoring State authority.  The United Nations Organization Stabilization Mission in the Democratic Republic of the Congo would continue to support the efforts of the Congolese authorities in those endeavours.

BACRE WALY NDIAYE, Team Leader of the Team of International Experts on the Situation in the Kasai Regions, said that after eight months of investigations into the situation in the Kasai region, the report of the team of experts was ready.  The human rights situation was shocking and there were reasonable grounds to believe that during the current wave of violence, several parties to the conflict had committed numerous atrocities.  Some of these atrocities could constitute crimes against humanity and war crimes.  Several thousand people had died due to the conflict in the region and the report was only able to account for a limited number of violations.  The team of experts concluded that there had been armed conflict in the Kasai since 2016.  The situation remained complex and involved several militias, mainly pitting the Kamuina Nsapu militia against State forces.  The Bana Mura militia was linked to State security forces.  Militias were able to plan and launch large-scale operations.  

The magnitude and brutality of the crimes committed in the region were striking.  Children were being disproportionately affected, often being sent into battle by militias armed only with sticks.  The armed forces had used automatic weapons indiscriminately.  Women were victims of rape and other forms of brutal sexual violence during military operations to identify militia members.  Hundreds of thousands of persons were forced to flee their homes.  From 2017 onwards, the level of violence had increased exponentially and taken on an ethnic dynamic.  All parties were targeting specific ethnic groups and perpetrating what could be considered crimes against humanity.  People presumed of committing violations in the Kasai were rarely prosecuted.  Extensive assistance was needed to build the capacity of the judiciary to address violations in the region.  The team was prioritising transitional justice mechanisms.  The Kamuina Nsapu militia remained active and clashes continued.  The Government must combat impunity in order to curb violence.  

Statement by the Concerned Country

MARIE-ANGE MUSHOBEKWA, Minister of Human Rights of the Democratic Republic of the Congo, noted that the atrocities committed in the Kasai regions since the second half of 2016 had been perpetrated by Kaminua Nsapu, which had started as a movement based on customary traditions and had transformed into a terrorist group.  The Minister noted that some political actors at both the national and international levels had tried to instrumentalise the drama in the country, which was why the Government had supported the resolution 35/33 adopted by the Human Rights Council in June 2017 to allow that truth be shed on the events in the Kasai regions.  The Government had also welcomed the appointment of the team of independent experts to support the Congolese authorities in their investigations it had already begun in March 2017.  The Democratic Republic of the Congo had fully cooperated with the team of experts and facilitated their access to all sources of information.  

The Government was aware that peace and reconciliation would never be possible without justice.  Accordingly, the Ministry of Human Rights had carried out investigations into alleged human rights violations in the Kasai regions.  Even though the Government welcomed the work of the team of experts, it regretted the haste of its field work.  Ms. Mushobekwa reminded that the team of experts had been deployed in the field only six months after its appointment on 26 July 2017, which was not the fault of the Congolese authorities, but was a logistical problem of the United Nations.  Ms. Mushobekwa stressed that even though there were some elements of the national military and police who were guilty of crimes, it did not mean that all of the men and women wearing the police and military uniforms were bandits.  She underlined that all crimes should be condemned and processed.  The Government had already arrested three quarters of the police and military personnel suspected of having committed crimes.  As for the protests of 31 December 2017 and those of 21 January 2018, the authorities had completed a relevant report.  In conclusion, Ms. Mushobekwa confirmed that the general national and regional elections would take place on 23 December 2018, noting that the electoral process was irreversible.  

Enhanced Interactive Dialogue

European Union remained gravely concerned about the situation in the Democratic Republic of the Congo at present and the profound crisis regarding humanitarian law and human rights.  It commended the cooperation enjoyed by the investigative team with the Congolese authorities.  However, it noted with concern that the use of violence and the use of child soldiers by the militias constituted crimes against humanity. Togo, speaking on behalf of the African Group, commended the Government in its cooperation with the team of independent experts.  It regretted the late publication of the report and noted that the report addressed serious violations of human rights.  It urged the Government to implement recommendations, especially on combatting impunity and promoting reconciliation.  Czech Republic urged the Government to implement the recommendations regarding the upcoming elections.  It offered assistance through election observation expertise.  A number of systematic violations perpetrated by the security forces and the military could constitute crimes against humanity and war crimes.  In this respect, crimes must be investigated and perpetrators brought to justice.

Germany remained deeply concerned about the deterioration of the situation.  It urgently called for the prolongation of the mandate of the team of independent experts in order to ensure accountability.  It was deeply concerned about and strongly condemned the excessive use of force, human rights violations and the continued recruitment of children.  Estonia welcomed the cooperation of the Democratic Republic of the Congo with the international team of experts for the investigation in the Kasai region, and called on the Government to continue this cooperation.   The crimes may amount to crimes against humanity and war crimes.  It deplored the sexual violence conducted during the hostilities, and abhorred the recruitment of children in armed groups.  Belgium commended the good cooperation enjoyed by the team of independent experts and the authorities.  The report referred to crimes against humanity and war crimes, including extrajudicial executions and rape.  Belgium strongly supported every action to bring those accountable to justice.  It was concerned about information relating to an increase in inter-community violence.

France was deeply concerned about the conclusions presented by the team of experts and the level of violence documented in the Kasai region.  The use of child soldiers was also alarming.  Congolese authorities must take all steps to ensure that human rights violators were brought to justice.  Upcoming elections must be free and fair.  Switzerland welcomed the cooperation shown by the Democratic Republic of the Congo to the team of experts.  Switzerland denounced violence against women and children.  The serious nature of human rights violations required the renewal of the mandate of the team of independent experts.  Australia was gravely concerned about the deteriorating human rights situation in the Democratic Republic of the Congo.  The Government must ensure that free, fair and credible elections were held later this year.  The abduction and forced recruitment of child soldiers was a major concern.  Australia asked what efforts were in place to combat impunity.

Sudan commended efforts by the Democratic Republic of the Congo to improve the human rights situation in the country.  The Government was facing a number of challenges hindering stability.  The Democratic Republic of the Congo was commended for cooperating with United Nations human rights mechanisms to improve the situation on the ground.  Spain hoped that the Democratic Republic of the Congo would continue to cooperate with the United Nations.  Spain was troubled by the general human rights situation in the country, including in the Kasai region.  Sexual violence and the exploitation of children were clear concerns.  The State must provide effective remedy to those affected by the crisis.  Botswana regretted that a humanitarian crisis was unfolding in the Kasais.  Some three million people in the region were suffering from malnutrition.  The use of child soldiers was causing serious physical and psychological harm to children.  The international community must provide the necessary support to victims of the conflict.

New Zealand was deeply concerned about the recent escalations in violence and the deterioration of the human rights situation in the Democratic Republic of the Congo, including reports of deliberate killings of civilians, mutilations, sexual violence, torture, and recruitment of child soldiers.  A clear signal had to be sent to show that the security services and defense forces could not carry out these crimes with impunity.  China hoped that the Government of the Democratic Republic of the Congo would continue to push forward the Addis Ababa agreement against illegal armed groups in the eastern part of the country, so as to ensure stability.  China supported the efforts of the Government to protect and promote human rights and called upon the international community to provide assistance to the country, with respect to the sovereignty of the country.  United Kingdom was highly concerned about the reports of violations by the militias, which were troubling.  These included killings, mutilations and sexual violence, some of which could constitute war crimes and crimes against humanity.  The situation was still volatile.  The United Kingdom called on the Government to implement fully the 31 December agreement, and to hold elections by the end of 2018.  

Netherlands welcomed the cooperation of the Congolese authorities with the team of international experts.  It was horrified by the scale and severity of the atrocities committed in the Kasai region by security forces, Kamuela Nsapu and the Bana Mura militias, some of which may constitute crimes against humanity and war crimes.  It expressed deep concern about the complete lack of protection of children.  Eritrea said the best remedy lay in consolidating and strengthening the national institutions in the Democratic Republic of the Congo.  Eritrea recognized the challenges of insecurity and the efforts by the Government to ensure the safety and security of its citizens in all parts of the country.  The Democratic Republic of the Congo had shown a willingness to address these challenges and the international community needed to support these efforts.  Ireland said the reports of extrajudicial killings, forced labour and sexual violence were deeply disturbing.  Ireland urged the Government of the Democratic Republic of the Congo to swiftly bring those responsible to justice.  Ireland supported the extension of the mandate of the Group of Experts, so that their important work could continue.  

Mozambique commended the Government of the Democratic Republic of the Congo for its constructive engagement with the team of experts, and urged the team to continue engaging with relevant authorities in the search for a balanced approach so as not to jeopardize peace and reconciliation efforts.  Algeria welcomed the efforts of the Government of the Democratic Republic of the Congo to cooperate with the team of experts and urged it to continue its efforts to promote and protect human rights.  In view of the humanitarian situation in the Kasai region, Algeria called on the international community to support the country with technical assistance and capacity-building.  Angola deplored the situation of human rights in the Kasai region, but welcomed the cooperation of the authorities of the Democratic Republic of the Congo.  It appealed to all direct actors in the process of regularization of the conflict to overcome differences in favour of peace, security, stability and national reconciliation.  Egypt appreciated the cooperation between the Government of the Democratic Republic of the Congo and the group of experts, and saluted the efforts of the authorities to promote and protect human rights.  Egypt highlighted the importance of offering technical assistance and capacity-building to the authorities so that they could fulfil the country’s international obligations.  

International Federation for Human Rights Leagues reminded that different armed groups, including the Congolese military, had committed various types of abuses since 2016, some of which could amount to crimes against humanity.  If nothing was done to resolve the tensions in the country, the violence could spark again after the upcoming elections.  Human Rights Watch stressed that since August 2016, an estimated 5,000 people, and possibly many more, had been killed in the Kasai region, and more than 1.4 million people had been displaced.  Only a few low-level criminal suspects had been prosecuted.  Much of the recent violence in the Democratic Republic of the Congo was linked to President Kabila’s stay in power beyond the constitutionally mandated term-limit.

Association Dunenyo said upcoming elections may not take place given the troubling signals coming from the Government.  The President could be determined to pursue an unconstitutional third term.  The President had rejected all outside pressure to abide by constitutional term limits.  World Evangelical Alliance added its voice to the chorus of condemnation for the crimes taking place in the Democratic Republic of the Congo.  The Alliance called for a transparent and equitable electoral process and asked how such a process could help address the ongoing crisis in Kasai.  International Federation of ACAT Action By Christians for the Abolition of Torture drew attention to the difficult situation faced by human rights defenders in the Democratic Republic of the Congo.  Human rights defenders were being illegally detained and prosecuted.  The authorities were called on to release detained human rights defenders.  Draft legislation was being considered that would narrow space for civil society.

Franciscans International was deeply concerned that six months away from elections, human rights continued to be flouted in the Democratic Republic of the Congo.  The year so far had been marked by increasing human rights violations.  Insecurity was increasing across the country, leading to an unprecedented humanitarian crisis.  The Council must maintain pressure on Congolese authorities.  

Action internationale pour la paix et le développement dans la région des Grands Lacs said grave human rights violations in the Democratic Republic of the Congo justified the description of the situation by the High Commissioner as a slaughterhouse.  Dissidents were facing harassment.  The decision to use electronic voting systems in upcoming elections increased the chances of cheating.  Amnesty International was deeply concerned about the failure of the national authorities to hold human rights violators accountable for their crimes.  Out of a dozen cases documented by the United Nations, only two cases had been investigated by authorities.  The Democratic Republic of the Congo was called on to lift restrictions on peaceful assembly.  International Service for Human Rights said human rights defenders were targeted for criticising the Government.  Human rights defenders working on electoral issues were among those facing the highest risks.  A draft bill currently under discussion on human rights defenders would restrict their capacity and enforce harsh punishments for non-compliance.

Concluding Remarks

Zeid Ra’ad Al Hussein, United Nations High Commissioner for Human Rights, said the information received by the Office was that there was very little progress on accountability, and that impunity was pervasive.  He invited the Minister to provide information to the United Nations Joint Human Rights Office in this regard.  Regarding the implementation of the Human Rights Council resolution 35/3, so far, three mass graves had been verified and two had been opened.  On the questions raised by Switzerland and Australia, the focus had to be on the implementation of the recommendations themselves.  As to the latest developments, the version of the draft law on human rights defenders adopted by the National Assembly in November 2017 had been amended with clauses that included excessive control in breach of international law.  The main breach regarded the definition of human rights defenders.  He urged that these restrictions not be included in the final draft law as they would be in conflict with international human rights law and would limit the activities of non-profit associations.  

Abdoul Aziz Thioye, Acting Head of the United Nations Joint Human Rights Office in the Democratic Republic of the Congo, said the Office would continue to provide recommendations on the holding of trials and would continue efforts for the professionalization of the national police.  The Office encouraged the police to abstain from the use of lethal force when maintaining law and order.

Bacre Waly Ndiaye, Team Leader of the Team of International Experts on the Situation in the Kasai Regions, thanked speakers for the words of encouragement addressed to the team.  The cooperation with the Government had been very frank and open, and the team had been granted a secretariat and access.  Only three visits had been undertaken.  When it came to crimes against humanity and war crimes, the technical assistance provided by the team was already deployed on the ground by the Office of the High Commissioner but was still insufficient.  There was a need to bolster those capacities.  Referring to the unanimous demand for the renewal of the mandate of the team of experts, there needed to be a clearer indication of what was needed.  There was a need to help the authorities in their efforts.  A transition process was also needed, in order to understand what led to the crisis to come about and to allow the people of the country to play a part in their future.

MARIE-ANGE MUSHOBEKWA, Minister of Human Rights of the Democratic Republic of the Congo, reiterated the gratitude of her Government to the High Commissioner for Human Rights and the team of experts.  The authorities at all levels had cooperated with the team of experts, whose mandate should be extended in order to acquire a lot more information.  The more information, the better.  All victims needed and deserved justice.  As for the European Union’s reference to the investigation of demonstrations in December 2017 and January 2018, Ms. Mushobekwa noted that the Government had conducted credible investigations, in partnership with United Nations bodies.  As many victims had required surgery, the authorities needed to acquire all of their medical records in order to complete the investigation.  Ms. Mushobekwa agreed that firearms should not be used to manage peaceful demonstrations.  Freedom of assembly and opinion were guaranteed by the national Constitution.  There had been a time when there was a ban on public demonstrations, but that ban had been lifted.  All political players should speak in a manner that did not incite violence.  Those who incited communities to kill one another had to recognize that they were responsible for the consequences.  

Turning to the organization of credible and peaceful elections, Ms. Mushobekwa reassured that the authorities wanted nothing less than that.  The national police and military needed more capacity-building because some police officers had made mistakes.  With the support of the United Nations Office in the country, the authorities had worked to train law enforcement personnel.  Responding to statements of some non-governmental organizations, Ms. Mushobekwa emphasised that there was no Government militia.  Turning to the issue of sexual slavery of women in the Kasai province, that matter would be investigated rapidly.  Human rights defenders should not be arrested; they were of great value and the Government was doing its best to overcome challenges in that area.  As for the legislation on civil society currently in preparation, Ms. Mushobekwa reminded that the executive branch could not interfere in the work of the legislative branch.
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