RES/27/27 Technical assistance and capacity-building for human rights in the Democratic Republic of the Congo

GE.A/HRC/27/42. 4-17988 (E) 101014 101014



Human Rights Council Twenty-seventh session

Agenda item 10

Technical assistance and capacity-building

Resolution adopted by the Human Rights Council

27/27

Technical assistance and capacity-building for human rights in the

Democratic Republic of the Congo

The Human Rights Council,

Recalling General Assembly resolution 60/251 of 15 March 2006,

Recalling also Council resolutions 5/1 of 18 June 2007, 7/20 of 27 March 2008 and

S-8/1 of 1 December 2008,

Recalling further Council resolutions 10/33 of 27 March 2009, 13/22 of 26 March

2010, 16/35 of 25 March 2011, 19/27 of 23 March 2012 and 24/27 of 27 September 2013,

in which the Council called upon the international community to support the national

efforts of the Democratic Republic of the Congo and its institutions as a means of

improving the human rights situation and to respond to its requests for technical assistance,

Reaffirming that all States have an obligation to promote and protect the human

rights and fundamental freedoms enshrined in the Charter of the United Nations and the

Universal Declaration of Human Rights and to discharge their obligations under the

international covenants on human rights and other relevant instruments to which they are

parties,

Welcoming the efforts undertaken by the Government of the Democratic Republic of

the Congo and the international community, which culminated in the demise of the

Mouvement du 23 mars (“M23”) and the adoption of the Nairobi Declaration of 12

December 2013, and taking note of the actions being taken to pacify the east of the

Democratic Republic of the Congo,

Encouraging the efforts made by the Government of the Democratic Republic of the

Congo to put an end to impunity for crimes under international law by strengthening its

justice system and international judicial cooperation,

United Nations A/HRC/RES/27/27

General Assembly Distr.: General 7 October 2014

English

Original: French

2 GE.14-17988

Welcoming the establishment in the Democratic Republic of the Congo, by the

President of the Republic, of the National Oversight Mechanism of the Peace, Security and

Cooperation Framework for the Democratic Republic of the Congo and the Region (the

“Addis Ababa Framework Agreement”), which was signed in Addis Ababa on 24 February

2013, while encouraging all those concerned at the national level to work further to protect

civilians and to promote security,

Acknowledging the joint role played by the Office of the United Nations High

Commissioner for Human Rights in the Democratic Republic of the Congo and the Human

Rights Division of the United Nations Organization Stabilization Mission in the

Democratic Republic of the Congo in improving the human rights situation in the country,

Welcoming the work of the United Nations Organization Stabilization Mission in the

Democratic Republic of the Congo and the deployment in the Democratic Republic of the

Congo, with the full cooperation of the Government, of its international Intervention

Brigade to hasten the return of peace and security in the east of the country,

Underscoring the important role played by the international community, the United

Nations, the African Union, the Southern African Development Community, the Economic

Community of Central African States, the International Conference on the Great Lakes

Region and the European Union in enhancing the rule of law and improving the human

rights situation in the Democratic Republic of the Congo,

Expressing its deep concern at the wave of violence and serious crimes, including

acts of sexual violence perpetrated principally by armed groups against Congolese,

particularly in the east of the Democratic Republic of the Congo, causing death, the mass

displacement of nearly 3 million people and desperation among the civilian population,

particularly women and children, as well as more than 450,000 refugees,

Welcoming the national consultations held in October 2013 in the Democratic

Republic of the Congo, which were convened pursuant to Presidential Order No. 13/078 of

26 June 2013, and the establishment of an ad hoc monitoring committee to ensure the

prompt implementation of the recommendations that were adopted,

Taking note of the November 2013 plan for implementation of the joint

communiqué of 30 March 2013 between the Government of the Democratic Republic of the

Congo and the Special Representative of the Secretary-General on Sexual Violence in

Conflict with a view to addressing sexual violence,

Considering the determination of the Democratic Republic of the Congo to protect

and promote human rights,

1. Welcomes the active participation of the Government of the Democratic

Republic of the Congo at the twenty-fifth session of the Council in the high-level dialogue

on lessons learned and the continuing challenges in combating sexual violence in that

country;

2. Takes note of the presentation by the Government of the Democratic

Republic of the Congo of its national report on 29 April 2014 during the second cycle of the

universal periodic review, and invites it to implement the recommendations of the Working

Group on the Universal Periodic Review that it accepted and to continue the reforms

undertaken to improve the human rights situation, including the reform of the army, the

national police and other security forces, the strengthening of the judiciary, the fight against

impunity and the facilitation of access to justice for victims;

GE.14-17988 3

3. Takes note of the report of the United Nations High Commissioner for

Human Rights on the human rights situation and the activities of her Office in the

Democratic Republic of the Congo,1 and welcomes the commitment of the Government of

the Democratic Republic of the Congo to continue its cooperation with the High

Commissioner and with the special procedures of the Human Rights Council;

4. Welcomes the appointment, pursuant to Presidential Order No. 14/002 of 8

July 2014, of the Personal Representative of the Head of State on Sexual Violence and

Child Recruitment, and encourages the Government of the Democratic Republic of the

Congo to make the resources available to her that are necessary for the effective

performance of her tasks;

5. Encourages the Democratic Republic of the Congo to continue to pursue the

process undertaken with a view to ensuring that the National Human Rights Commission

will soon become operational in accordance with the principles relating to the status of

national institutions for the promotion and protection of human rights (the Paris Principles);

6. Welcomes the efforts undertaken by the Government of the Democratic

Republic of the Congo within the framework of the institutional normalization process, in

particular the establishment of the Constitutional Court under Act No. 13/026 of 15 October

2013 and the appointment of its members pursuant to Presidential Order No. 14/021 of 7

July 2014, and encourages it to set up the Court within a reasonable period of time;

7. Also welcomes the restructuring of the new Independent National Electoral

Commission through the establishment of the Plenary Assembly as a collegiate decision-

making body and the reactivation of consensus-building mechanisms, and encourages the

Government of the Democratic Republic of the Congo to continue the reform process;

8. Invites the Government of the Democratic Republic of the Congo and its

national partners to ensure the transparency and credibility of the electoral process, to

create the necessary conditions in order for the electoral process to be free, fair, credible,

peaceful and transparent, and to ensure respect for fundamental rights and freedoms in

accordance with the international commitments of the Democratic Republic of the Congo;

9. Welcomes the amnesty measures introduced in order to strengthen the process

of national reconciliation in accordance with Act No. 14/006 of 11 February 2014 on

amnesty for acts of insurrection, acts of war and political offences, which excludes

perpetrators of war crimes, crimes against humanity and crimes of genocide, sexual

violence and recruitment of children;

10. Congratulates the Government of the Democratic Republic of the Congo on

the operation, both at the national level and in the provinces, of the consensus-building and

cooperation mechanism referred to as the Entité de liaison de droits de l’homme, and

encourages it to ensure the operation of the unit for the protection of human rights

defenders and to allocate budgetary funds under the Finance Act for its effective

functioning;

11. Welcomes efforts to combat acts of sexual violence in the Democratic

Republic of the Congo, considers that sexual violence remains a matter of major concern

and encourages the Government to redouble its efforts, with the support of the international

community, to put an end to impunity, especially of perpetrators of sexual violence, and to

all human rights violations and to bring their perpetrators to justice and to ensure that the

victims receive compensation;

4 GE.14-17988

12. Also welcomes the adoption on 30 August 2014 of the action plan of the

Armed Forces of the Democratic Republic of the Congo to combat sexual violence, as well

as the efforts undertaken to train judges and other justice officials as part of the fight

against sexual violence and to strengthen governmental coordination in the follow-up on

the national strategy to combat sexual and gender-based violence;

13. Takes note of the fifth report of the Secretary-General on children and armed

conflict in the Democratic Republic of the Congo, 2 invites the Government of the

Democratic Republic of the Congo to institute proceedings against the perpetrators of grave

violations against children and encourages it to continue implementing the national action

plan signed on 4 October 2012 in order to prevent and put an end to the recruitment and use

of children in armed conflicts, as well as sexual violence against children;

14. Encourages the Government of the Democratic Republic of the Congo to

ensure that the national disarmament, demobilization and reintegration programme takes

account of the specific needs of children affected by the armed conflict and the protection

of their rights;

15. Welcomes the initiatives taken by the Government of the Democratic

Republic of the Congo to promote human rights, the administration of justice and the

consolidation of security, in particular through the promulgation of the Act on the

Organization, Functioning and Competence of Courts and Tribunals, which gives courts of

appeal jurisdiction over crimes of genocide, war crimes and crimes against humanity;

16. Underscores the efforts undertaken to date by the Democratic Republic of the

Congo to reform the army, the police and the security services, and encourages the

Government to maintain this momentum;

17. Encourages the Government of the Democratic Republic of the Congo to

ensure appropriate protection for journalists and human rights defenders in the course of

their respective activities in accordance with the laws in force in the Democratic Republic

of the Congo;

18. Welcomes with satisfaction the ratification by the Government of the

Democratic Republic of the Congo of the African Union Convention for the Protection and

Assistance of Internally Displaced Persons in Africa and the Southern African

Development Community Protocol on Gender and Development, and encourages it to

continue to ratify and implement international and regional instruments relating to human

rights and international humanitarian law;

19. Encourages the States in the region that are parties to the Addis Ababa

Framework Agreement of 24 February 2013 to continue to discharge the obligations arising

from it and to work for the return of peace and security in the Democratic Republic of the

Congo and the Great Lakes region;

20. Calls upon the international community to support the Office of the United

Nations High Commissioner for Human Rights in its efforts to increase and strengthen its

technical assistance programmes and activities aimed at improving the human rights

situation in the country, and invites the High Commissioner to report to the Council at its

thirtieth session;

2 S/2014/453.

GE.14-17988 5

21. Calls upon the United Nations High Commissioner for Human Rights to

commission a study on the impact of technical assistance and capacity-building on the

human rights situation in the Democratic Republic of the Congo and to submit the report at

its thirtieth session within the framework of an interactive dialogue;

22. Decides to remain seized of the matter until its thirtieth session.

40th meeting

26 September 2014

[Adopted without a vote.]