ACTING HIGH COMMISSIONER FOR HUMAN RIGHTS, IN ADDRESS TO SECURITY COUNCIL, CALLS FOR ACTION AGAINST IMPUNITY IN CONGO-KINSHASA

7 July 2003



Mr President,
Distinguished Members of the Security Council,

The defence of human rights is one of the activities that defines the contemporary and future United Nations. No other body can replace it for universality, legitimacy, trust, and its international code of human rights. The United Nations mirrors the world while beckoning it to the values of the Charter and the Universal Declaration of Human Rights. Every country has ground to cover when it comes to respect for the Universal Declaration of Human Rights. The human rights mission of the United Nations is central to its raison d'etre and is becoming more and more crucial to its other leading roles - as well as to the work of this Security Council.

The United Nations, through this Security Council, seeks to prevent conflicts world-wide. This is an irreplaceable role. In a recent book on the Security Council and the Protection of Human Rights I sought to show that this Council places increasing emphasis on the promotion and protection of human rights for the prevention of conflicts.

In different parts of the world, United Nations peacemakers are endeavouring to help find solutions to disputes and conflicts. No one else cares as much as the United Nations which seeks to be of assistance whatever the colour or stripe of the nation. The peacemaking flag of the United Nations, more and more, has on it the eternal flame of the Universal Declaration of Human Rights. As this Council has counselled, peacemaking and human rights must go hand in hand - while recognising the primordial nature of the right to life. The nexus between peace and justice is the right to life.

Another role that defines the United Nations is peacekeeping and peace observation. This Security Council has registered that United Nations peacekeeping operations must contribute to the protection and promotion of human rights. The Security Council has also given central place to human rights in United Nations peacebuilding missions.

The humanitarian work of the United Nations singles it out as a conscience-bearer for suffering humanity. More and more, United Nations humanitarian and human rights endeavours are integrated. It can only be so. The principle of the protection of human rights is grounded in the principle of humanity.

The United Nations works with countries world-wide on practical projects of development, governance, democracy-building, and the rule of law. Countries and people trust the United Nations world-wide. They see the United Nations as their Organization. This extraordinary legitimacy of the United Nations is shared by no other institution or entity. Human rights are integrated into all of these roles of the United Nations and, increasingly, the emphasis is on the strengthening of national human rights protection systems and institutions.

The United Nations, and this Security Council, seeks to bring the spotlight on the protection of civilians in armed conflict; on the protection of women and children; and to new security challenges such as HIV/AIDS. The concept and content of security is thus evolving. This Council has registered that the security of nations depends on the security of people. Human security is defined by the international human rights norms, which give it content. The issue before us today is how to bring human security through human rights to the long-suffering people of the Democratic Republic of the Congo.

Monsieur le Président,

Messieurs les membres du Conseil,

Je vous remercie de m’avoir invité à me joindre à mon collègue Jean-Marie Guéhenno, afin de vous présenter le rapport que le Haut Commissariat aux Droits de l’Homme a établi concernant les événements survenus le 3 avril 2003 dans la localité de Drodro (en Ituri) en République démocratique du Congo (RDC). La présentation de ce rapport nous offre aussi l’opportunité de faire un survol rapide des violations persistantes des droits de l’homme et du droit international humanitaire dans cette région.

Messieurs les membres du Conseil de Sécurité,

Le rapport déposé entre vos mains répond à la déclaration du Président du Conseil de Sécurité en date du 8 avril 2003 condamnant fermement les massacres commis à Drodro dans le district de l’Ituri et demandant au Haut Commissariat aux Droits de l’Homme d’enquêter sur ces événements et d’en rendre compte dès que possible.

Ce rapport est le fruit d’une enquête sur le terrain menée par le Haut Commissariat aux Droits de l’Homme, en étroite coopération avec la MONUC le 5 avril 2003, complétée par les informations d’une mission de suivi composée de fonctionnaires du Haut Commissariat aux Droits de l’Homme, d’agents de la MONUC et de deux experts légistes, qui s’est rendue sur à Drodro et dans ses environs du 18 avril au 5 mai 2003.

Le rapport de cette équipe multidisciplinaire met en lumière la gravité et le caractère systématique des atrocités et violations des droits de l’homme subies continuellement par les populations de cette province de la RDC au cours des derniers mois. Il contient également quelques observations que je soumets à votre haute attention.

Aperçu des résultats et conclusions de l’équipe d’enquête

Frontalier de l’Ouganda, le district de l’Ituri est aujourd’hui l’un des plus instables de la République démocratique du Congo. Depuis le déclenchement du conflit en RDC, en août 1998 et particulièrement depuis l’apparition des dissensions au sein du RCD-K/ML (Rassemblement Congolais pour la Démocratie-Kisangani/Mouvement de Libération) qui ont conduit à la création de l’UPC (Union Patriotique des Congolais) il y a environ une année, ce district de la province Orientale est le théâtre de violence dévastatrice ainsi que d’affrontements meurtriers entre factions dissidentes, groupes d’autodéfense à caractère ethnique et milices tribales.

La violence meurtrière qui afflige les populations de cette contrée de la RDC procède d’une idéologie d’exclusion, de haine et d’exacerbation des clivages et antagonismes tribaux et ethniques. Cette violence, ainsi que la tension qu’elle secrète, ont été récemment ravivées par plusieurs facteurs : l’absence d’une administration crédible et efficace en Ituri, la présence de troupes étrangères, les enjeux liés aux immenses ressources naturelles qui attisent les convoitises et les luttes de pouvoir entre leaders locaux cherchant à se positionner sur la scène politique nationale et les différends sur la propriété foncière et les ressources.

L’impact d’un tel conflit rejaillit sur la jouissance de la plupart des droits contenus dans la Déclaration Universelle des droits de l’homme et les instruments internationaux relatifs aux droits de l’homme qui l’ont suivie. Les violations des droits de l’homme auxquelles je vais faire référence aujourd’hui sont massives et systématiques et requièrent notre attention particulière.


Mr. President,

On two previous occasions the Office of the High Commissioner for Human Rights has briefed this Security Council on the grievous violations of human rights occurring in the Democratic Republic of the Congo (DRC). These briefings were mainly focused on the Ituri area. However, as this Security Council is aware, numerous cases of atrocities and pervasive violations of human rights and international humanitarian law have taken place in other parts of the country and deserve to be investigated. This has not been possible for a number of reasons including the prevailing security situation in some of the areas, lack of co-operation and adequate financial resources for undertaking such an important task.

As you know, the events which took place in Drodro and its surrounding areas on 3 April 2003 are part of a continuing chain of inter-ethnic violence and confrontations between armed militias and rivalries among dissident armed groups and rebel factions, including the RCD-ML, UPC and the Lendu, Hema and Ngiti militias.

Eyewitness reports gathered by the investigative mission revealed that gross and large-scale violations of human rights perpetrated during the events of 3 April 2003 include assault on lives, torture, looting and destruction of property. The most shocking violations of human rights reported by witnesses include some 408 cases of summary executions, more than 80 cases of persons seriously wounded or mutilated, and numerous accounts of stores and shops looted. During these events, huts were burned down; dozens of cattle were stolen and valuable items found in houses taken by the assailants. In the main hospital in Drodro, which the investigative team visited, 48 bodies were identified, most of whom women and children.

The team of investigators also visited mass graves in the localities of Largu, Nyali and Jissa. In Jissa alone, there were twenty mass graves, although the mission could only visit eight of them. According to witnesses’ accounts, these graves contain some 140 bodies. It should be noted that the number of persons killed in this area is certainly higher because the team had not been able to visit eight other localities for which no safety guarantees could be provided.

According to information communicated to the investigating team, the majority of the victims were women and children, some of whom had been killed and mutilated with machetes, while others had been burnt alive. Most of this information was confirmed by the forensic experts who participated in the investigative mission following their examination of some of the graves.

Mr. President,

In view of all the relevant information gathered including the conclusions of the forensic experts, the team confirmed that massacres had taken place on 3 April 2003 between 05:45 and 08:00 a.m. The assailants carried out their attacks in the localities of Dhessa, Duma, Nyali, Dzatha, Kiza, Ngazba, Jissa, Kpatiz, Koli, Lera, Buki, Ndjala and Kpaluba using edged weapons (machetes, axes, spears and arrows) and firearms.

The opinion of many witnesses confirmed that the authors of the massacres were militias of Lendu origin.

The world’s conscience has been struck by the pervasive use of child combatants in committing those atrocities. The events at Drodro and in the fifteen surrounding localities have had a terrible impact on the vulnerable populations in this part of the DRC. Fifty five thousand people are estimated to have fled towards the South when the bloody confrontations between the Lendu and Hema militias broke out in early May 2003. These survivors of the massacres were forced by the lack of security to flee at night to major urban centres or into the forest.

Mr. President,

Following the completion of this investigative mission, our office in the Democratic Republic of the Congo has, in collaboration with MONUC, continued to monitor closely the events that occurred more recently in Ituri. The information gathered to date points to continuing fighting between the Lendu and Hema militias, resulting in further serious human rights abuses, massive displacement of civilian population and deterioration of the humanitarian situation.

It was reported that fighting broke out again on 31 May and 1 June 2003 in Tchomya between the Lendu and Hema militias, allegedly with the involvement of elements of Congolese Armed Forces (FAC). At least 350 casualties were recorded as a result of the incident, mainly civilians. The victims included 253 people who were assaulted in the commercial centre of the town, 22 at the residence of the Head of the Party for Unity and Safeguarding the Integrity of the Congo (PUSIC), and 37 had their throats cut and were hacked with matchets at the town hospital.

We also received reports on the attacks launched on 7 June 2003 by militias of Lendu origin in Tchomya, Kasenyi and the town of Bunia that resulted in the killing of between 300 and 500 individuals. Furthermore, on 18 June 2003, several mass graves were discovered in the residence of the Governor of Bunia.

In addition to summary executions, the confrontations and resulting violence have led to arbitrary arrests, abductions, rapes and wanton destruction of lives and property.

The number of displaced persons has risen to 74,000. The majority of the displaced persons are located in the area surrounding Bunia airport and the premises occupied by the MONUC military observers. This population continues to face severe problems of health, food and access to school, which the humanitarian agencies are trying to address.

Mr. President,

The report of your Council’s mission to Central Africa from 7-16 June, 2003, (S/2003/653) relating to the DRC, affirms substantially the findings we have highlighted in the Drodro and earlier reports. In line with the recommendations of your mission the Office of the High Commissioner for Human Rights and MONUC are engaged in consultations and discussions with relevant actors aimed at assisting the national transitional institutions in putting an end to impunity, rebuilding the justice system and adopting the related transitional justice arrangements for rebuilding the rule of law.

The Office of the High Commissioner for Human Rights and MONUC have reiterated their commitment to support the establishment and effective functioning of the relevant national institutions, particularly the National Observatory for Human Rights and the Truth and Reconciliation Commission (the creation of which is envisaged by the All-inclusive Agreement) and the Ituri Pacification Commission.

Concluding observations

Mr. President,
Members of the Council,

In a year, this is the third time the Office of the High Commissioner for Human Rights is being given the opportunity to brief the Security Council regarding some of the cases of atrocities and dreadful human rights violations perpetrated in the Democratic Republic of the Congo. The frequency of these briefings is in itself a clear indication of the very serious and continuous nature of human rights violations occurring in the country.

Our Office has had the opportunity to share with you information and reports regarding the human rights situation, patterns of which have been similar since the outbreak of the conflict in August 1998.Three conclusions stand out and I wish to reiterate them in furtherance of your Council mission’s report in paragraphs 26 and 28.

The first is that all the parties but particularly the rebel movements, rival factions and other armed groups and militias operating in the Eastern part of the DRC, continue to resort to human rights violations as a means of creating an atmosphere of terror and oppression and, thus, to keep their control over the population and lucrative natural resources.

The second is that insecurity and terror as well as lack of cooperation from the parties has not made it possible to initiate thorough and comprehensive investigations aimed at shedding light on many cases of mass killings and other gross human rights violations that have occurred in various parts of the DRC. Generally, the warring parties are not committed to fulfilling their obligations, under international law, to investigate responsibility for serious violations of human rights and breaches of humanitarian law and to prosecute those responsible for the atrocities committed. Consequently, the interests of justice can only be served by endowing both national and international mechanisms with opportunities to investigate these crimes in depth to determine their extent and motivation.

The third conclusion is that failure to take the necessary concrete actions towards ending the reign of impunity in the DRC will encourage the perception of passivity and double standards on the part of the international community regarding serious and grave human rights violations. This will further nurture the existing feeling of denial of justice among the civilian population, contributing to the cycle of reprisals and the culture of impunity.

On 16 May 2003, the Prosecutor of the International Criminal Court, Mr. Luis Moreno Ocampo, visited our office in Geneva to discuss possible areas of collaboration. We discussed the situation in DRC. We, in the OHCHR, stressed that the human rights violations that have taken place in various parts of the DRC, particularly, those perpetrated in Ituri, should be investigated as quickly as possible. Our Office stands ready to pursue its close cooperation with the ICC in any effort that might be pursued regarding the events in the Democratic Republic of the Congo.

Parallel to these efforts, the Security Council may wish to consider taking appropriate action on the serious violations of human rights and international humanitarian law perpetrated in the Democratic Republic of Congo, including the relevance of the International Criminal Court.

We in the OHCHR very much hope also that the National Observatory for Human Rights and the Truth and Reconciliation Commission, which we hope will be established soon, will interact in a constructive way and serve towards the goal of encouraging the transitional government to confront the culture of impunity. Perpetrators of gross human rights violations must be put on notice that they will be brought to justice.

Mr President,distinguished Members of the Council,

At the beginning of these remarks I noted that the practice of this Security Council places increasing emphasis on the centrality of human rights in conflict prevention, peacemaking, peacekeeping, peacebuilding, humanitarian and development work. The Security Council has also stood up for the principles of international accountability; international supervision; reconciliation; and justice.

I should like to end by placing emphasis on the principles of international accountability and international supervision. Any situation on which the Security Council has pronounced invokes application of the principles of international accountability and supervision. The Security Council must be satisfied that peace and justice have been served in the final analysis. This invites, particularly in the case of the Democratic Republic of the Congo, the principle of special and sustained interest which you have indeed been applying.

I have one final comment: In the reports you have considered today there is incontrovertible evidence pointing to the criminal responsibility of particular individuals. They must know from this Security Council that they will be brought to justice. They must know from this Security Council that the Democratic Republic of the Congo of the future will be built on the foundations of human rights. For that is the essence of the United Nations and of this Security Council. In the final analysis,human rights are the measure and international security must be achieved through human security.

Thank you for your attention.