The 57th Session of the Human Rights Council
9 September - 11 October 2024
Item 10: Enhanced Interactive Dialogue on report HC and experts on the Democratic Republic of the Congo
8 October 2024
By Aline Aymon / GICJ
Executive summary
On 8 October 2024, during the 57th Session of the Human Rights Council, the United Nations High Commissioner for Human Rights presented his report (A/HRC/57/76) on the deteriorating human rights situation in the Democratic Republic of the Congo. Due to the ongoing conflict in the East of the country, concerns were raised over human rights violations perpetrated against civilians by various armed groups. These violations include severe sexual and gender-based violence. The report also highlights the need for the Congolese authorities to strengthen their response to such crimes by increasing accountability for the perpetrators. As such, improvements must be made to the judiciary, and transitional justice systems must urgently be implemented nationwide. The report also strongly condemns the decision of the Congolese government in March 2024 to lift the de facto moratorium on the death penalty amidst an already concerning human rights situation in the country. The High Commissioner, as well as several delegations, stressed the need for the international community to increase its financial and technical support to the DRC and improve its capacity to handle conflicts and humanitarian crises.
Geneva International Centre for Justice (GICJ) supports the report of the High Commissioner on the human rights situation in the Democratic Republic of the Congo. Indeed, GICJ urges the Congolese government to combat impunity and bring perpetrators of human rights violations to justice. GICJ also stresses the need to implement transitional justice systems to support victims of all crimes, including sexual and gender-based violence. GICJ also strongly denounces the decision of the authorities to reinstall the death penalty and calls for the international community to increase financial assistance to the DRC.
Background
The Democratic Republic of the Congo is facing a severe humanitarian crisis due to a combination of multiple factors. Severe conflicts are ongoing in the East of the country, perpetrated by various armed groups committing severe human rights violations against the civilian population. One of these groups is called M23 and is backed by Rwandan power. This group, amongst others, deliberately targets hospitals and refugee camps and regularly commits rapes and gender-based violence. Child soldiers are recruited by these armed groups, which also practice forced marriage and sexual slavery. The Congolese army is also responsible for rights violations of the population.
Additionally, these conflicts are exacerbated by disputes over natural resources, as the Congo is rich in highly sought-after minerals such as cobalt. International actors and corporations, in addition to the armed groups, contribute to the escalation of the conflict as they also wish to appropriate those resources.
Amidst the ongoing violence due to the conflict, the Congolese government decided in March 2024 to lift the de facto moratorium on the death penalty, officially reinstating it nationwide. Since then, more than a hundred people have been condemned to death. Furthermore, MONUSCO, the United Nations peacekeeping mission in the DRC, will officially withdraw from the country in December 2024, raising concerns over the future of human rights in Congo.
On 13 October 2023, the UN Human Rights Council (HRC) adopted Resolution 54/34 concerning the DRC. This resolution highlighted the need for the Congolese government to strengthen its transitional justice system to improve the fight against impunity, as well as to improve the response to the widespread sexual and gender-based violence in the country. Similarly to this past resolution, the current report of the United Nations Human Rights Commissioner (A/HRC/57/76) stresses the degradation of the human rights situation in the DRC, as well as the need for the authorities to improve their response to the ongoing violence.
Summary of the Report of the UN High Commissioner of Human Rights
Protection of civilians in conflict areas
More than seven million civilians are currently internally displaced due to the deterioration of the security situation in the East of the country. Although many human rights violations against civilians are committed by the rebel armed groups, the Armed forces of the Congo are also responsible for violations of civilians’ rights in areas for internally displaced people. Furthermore, the report discussed a sharp increase in attacks by all armed groups against schools and hospitals. Additionally, several deaths were documented in prisons due to poor detention conditions and overcrowding. Finally, the Joint Office faced difficulties in monitoring human rights abuses in conflict-affected areas due to the presence of the armed groups as well as anti-MONUSCO sentiment.
Sexual and gender-based violence
The rates of sexual and gender-based violence in the Congo have increased compared to the previous year. State actors were responsible for 27 percent of that violence, with members of the Armed Forces of the Democratic Republic of the Congo and the Congolese National Police continuing to be among the main perpetrators. However, armed groups were responsible for perpetrating conflict-related sexual violence against 73 percent of the victims. Indeed, the persistence of armed violence has exacerbated the risk of gender-based violence perpetrated by members of armed groups, particularly M23, targeting women and girls, both in and around sites for displaced persons. In addition, lack of food, as well as insufficient access to humanitarian assistance, has left many women and girls vulnerable to sexual exploitation and potential trafficking. As such, they continue to be abducted, held captive, and subjected to sexual slavery by non-State armed groups, putting them at risk of unwanted pregnancy, torture, ill-treatment, and murder.
Several measures have been taken by the Congolese authorities to handle the humanitarian crisis. New legal provisions have been passed, including legislation expanding the definition of sexual and gender-based violence and crimes, as well as establishing free legal assistance for victims of such violence. The aim of the authorities is to provide for a victim-centred approach to be adopted at all stages of legal proceedings, and for all procedural costs to be the responsibility of the public treasury. Furthermore, the Joint Office has allocated additional human and financial resources to facilitate the documentation of cases of sexual crimes. It also provided technical advice and training to Congolese authorities, for them to be better prepared to handle such cases.
Death penalty
The Congolese Government confirmed the lifting of the de facto moratorium on 13 March 2024. During the enhanced interactive dialogue on the Democratic Republic of the Congo at the 55th session of the Human Rights Council, held in Geneva on 2 and 3 April 2024, the High Commissioner, the Special Representative of the Secretary-General for the Democratic Republic of the Congo, and the team of international experts on the Democratic Republic of the Congo called for the Government to reconsider its decision to lift the moratorium on the death penalty. During meetings with the President and other government representatives during his visit to the country, the High Commissioner reiterated the opposition of the United Nations to the application of the death penalty. However, the Congolese authorities have yet to renounce its use.
Interactive Dialogue
Opening statements
Mr. Volker Türk, the United Nations High Commissioner for Human Rights, opened the enhanced interactive dialogue by emphasising the deteriorating human rights situation in the Democratic Republic of Congo. Already devastated by decades of conflict, civilians’ rights continue to be violated by exploitative companies and the weak rule of law in the DRC. Indeed, the number of victims of violations of human rights continues to grow, mostly due to the actions of armed groups. Mr. Türk also mentioned the important issue of sexual violence, which sees an large amount of victims including women and girls subjected to sexual slavery. He also cited the internal displacement of civilians, which affects around seven million people, as a result of the ongoing violence. The living conditions in the refugee camps are scarce, making Congo the hardest hit country by food insecurity in the world. He stressed the need to cease the conflict in the East of the country to end these rights violations.
Subsequently, the High Commissioner made several calls to improve the human rights situation in Congo. He called on all parties, including the Congolese army, to respect the camps of internally displaced people. He also denounced the participation of Rwanda in the conflict, and called all States assisting armed groups in the country to stop their support. He stressed the need for Congo to combat impunity and to offer access to justice for victims of human rights violations. To achieve this, he stated the need to implement transitional justice processes, and to adopt an inclusive and victim-centred approach. Mr. Türk also mentioned the poor conditions of Congolese detention centres. Prisoners are subjected to torture and sexual violence, and overcrowding is common. He called on the authorities to reduce this overcrowding, and to conduct transparent investigations into the rape and murders of prisoners. Furthermore, he insisted on the need for Congo to reverse its decision to lift the de facto moratorium of the death penalty in March 2024. He also called for the international community to increase international aid for Congo. Finally, the High Commissioner stated that the natural resources of the country must benefit its population. As such, illegal exploitation, with the complicity of companies outside of Congo, must stop as it is a key driver of the ongoing violence.
The floor was then given to Ms. Chantal Shambu Mwavita, the Minister of Human Rights of the Democratic Republic of the Congo. She mentioned the responsibility of Rwanda in the perpetuation of the conflict, as it provides arms and military support to the M23 terrorist group, which is a primary contributor to the humanitarian crisis. As such, she called for the international community to strongly condemn and impose sanctions on Rwanda, as well as for the immediate withdrawal of its forces from Congo. She also denounced the illegal exploitation of the resources as a driver of the conflict, and stated that the UN should plan severe sanctions for perpetrators of these economic crimes.
Ms. Shambu Mwavita then discussed several advancements made by Congo for the protection of human rights. She announced that the authorities are working to promote transitional justice through national policies, supported by the Ministry of Human Rights. The fight against impunity, as well as reparations for victims of serious human rights violations, are a priority for the government. She stated that they were collaborating with a team of international experts in the DRC, who assist with workshops and the implementation of transitional justice systems. A national fund for reparations for victims of sexual violence has also been created. Finally, the Minister of Human Rights called on all States to support Congolese institutions in their efforts to protect human rights even further. For instance, she highlighted the need for financial aid to support international capacity building and combat sexual violence. She stated that this aid would also be used in camps hosting displaced persons, through schooling assistance and protection from human trafficking.
Subsequently, Ms. Bintou Keita, the Special Representative of the Secretary-General in the Democratic Republic of the Congo and head of MONUSCO, delivered her opening statement. She reiterated the deteriorating conditions and deliberate targeting by armed groups, like M23, of civilians and infrastructure in the East of the country. Ms. Keita also stressed that the return of peace to the DRC will require both military and non-military efforts, and that a proper management of natural resources is needed. Finally, she stressed the need for enhanced financial and political support to the team of international experts from the international community.
Ms. Marie-Thérèse Keita-Bocoum, the Chair of the Team of international experts in the DRC, then mentioned the efforts of the Congolese government to combat impunity through consolidating access to appropriate training for judges, as well as extending forensic centres. She also welcomed the will of the President of the DRC to place transitional justice as a priority, but denounced the lifting of the de facto moratorium of the death penalty.
The final opening statement was delivered by Mr. Louis d’Or Kapitene Lukula, a human rights activist and member of the Civil Society. He mentioned the pillage of Congolese natural resources, assisted by “certain foreign powers”. Furthermore, he denounced the actions of armed groups, as well as the rampant impunity for perpetrators of human rights violations. He also expressed the need for the implementation of transitional justice in zones of conflict, as well as psychological support for the population living in those areas.
Participating countries
The delegate of the European Union (EU) expressed concerns regarding the increasing humanitarian law violations and sexual violence due to the conflict. She also mentioned the widespread lack of education and malnutrition ensuing from the violence. She urged the Congolese Government to ensure accountability for these crimes, by focusing on national transitional justice processes. Finally, she stated concerns about the Government’s decision to lift the de facto moratorium on the death penalty in March 2024.
The delegate of Sweden, in addition to concerns about the violence committed by M23, expressed concerns about the future of human rights in the country following the withdrawal of MONESCO in December 2024. He also called for the government to strengthen its fight against impunity, and to reverse its decision to lift the moratorium on the death penalty.
The delegate of Switzerland underlined the risks for the civilian population of the geographical proximity of displaced persons camps and military operations, and prompted the government to increase security in such areas. He called all parties to the conflict to abide by international humanitarian law, and for perpetrators to be brought to justice.
The delegate of Ghana expressed concerns over the lack of access to justice for victims of sexual violence and their families. He also called for all armed groups to immediately comply with international human rights and humanitarian law.
The delegate of Cameroon stated their ongoing support to the DRC in its efforts to restore peace and strengthen the rule of law throughout its territory. He also called for the international community to continue to provide appropriate support to the DRC for transitional justice and civilian protection. He also called for increased humanitarian assistance, especially for women and children who are the first victims of the conflict.
The delegate of the United States of America condemned the actions of M23. She also urged the DRC to implement DDR processes (Disarmament, Demobilization and Reintegration), as well as to increase protection of civilians and accountability for violations of human rights.
The delegate of Belgium highlighted problems in the Congolese justice system, resulting in widespread impunity. As such, he stated the need to reform the judiciary so as to serve civilian protection. He also stressed that the Government’s decision to reinstate the death penalty makes the population feel vulnerable, as no one is safe from any arbitrary decision.
Similarly, the delegate of Venezuela mentioned that the human rights situation in Congo requires technical assistance and capacity building from the international community. He stated that these mechanisms will be greatly beneficial to the population.
Non-Governmental Organisations
Delegates of Non-Governmental Organisations stated that torture persists in Congolese prisons, as the government has yet to adopt any laws against its use. They also expressed that the living conditions in prison are inhumane, with issues of overcrowding and sexual violence. As such, they called for the authorities to ensure reparations for the victims. Furthermore, several NGOs expressed concerns over the lifting of the de facto moratorium on the death penalty. They called for the Congolese authorities to change this decision which causes threats to the human rights of the population.
Concluding remarks
The Congolese Minister of Human Rights stated that the Government has updated its national strategy to combat gender-based and sexual violence. She explained that all efforts were reduced by the conflict in the East, supported by neighbouring countries. She stressed that the lifting of the death penalty only pertains to acts of terrorism and treason. She also assured that individuals condemned may benefit from amnesty or pardon, and that this lifting of the moratorium aims to discourage war.
The Chair of the Team of International Experts expressed that the weakness of ownership by the population of transitional justice processes and low levels of participation remain an issue. She also expressed the need for the international community to financially support the DRC to improve its judicial system. Its presence must also be strong on the ground, through technical assistance in strengthening national human rights institutions.
Position of Geneva International Centre for Justice
Geneva International Centre for Justice (GICJ) supports the High Commissioner’s report, and stresses the need for the Congolese government to strengthen mechanisms of transitional justice, and ensure an inclusive and victim-centred approach. GICJ also recognises the importance of psychological help to assist victims of sexual and gender-based violence, and urges the government to increase the availability of such services. GICJ also urges the DRC to increase efforts to bring to justice all perpetrators of human rights violations, including members of the Congolese forces. Furthermore, GICJ denounces the lifting of the de facto moratorium on the death penalty in March 2024, and calls for the Congolese government to ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights, to officially abolish the death penalty. GICJ urges Rwanda to withdraw their support to armed groups perpetuating the violence and committing crimes against civilians. Finally, GICJ calls for the international community to increase their financial support to the DRC, to strengthen its justice system and to deliver improved responses to the ongoing severe humanitarian crisis.
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