RES/33/29 Technical assistance and capacity-building for human rights in the Democratic Republic of the Congo

GE.16-17422(E)

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Human Rights Council Thirty-third session

Agenda item 10

Resolution adopted by the Human Rights Council on 30 September 2016

33/29. Technical assistance and capacity-building for human rights

in the Democratic Republic of the Congo

The Human Rights Council,

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, to discharge their obligations under the

International Covenants on Human Rights and other relevant instruments to which they are

parties, and to fulfil their obligations under those treaties and agreements,

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

Recalling also Human Rights Council resolutions 5/1 of 18 June 2007, 7/20 of 27

March 2008 and S-8/1 of 1 December 2008,

Recalling further its 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, 24/27 of 27 September 2013, 27/27 of

26 September 2014 and 30/26 of 2 October 2015, in which the Council called upon the

international community to support the national efforts of the Democratic Republic of the

Congo and its institutions with a view to improving the situation of human rights and to

respond to its requests for technical assistance,

Welcoming the report of the United Nations High Commissioner for Human

Rights submitted in accordance with Human Rights Council resolution 30/26 on

technical assistance and capacity-building in the field of human rights in the Democratic

Republic of the Congo,1

Welcoming also the visit by the High Commissioner to the Democratic Republic of

the Congo from 18 to 21 July 2016, and noting his findings and recommendations,

Taking note of the final communiqué issued by the delegation of the African

Commission on Human and Peoples’ Rights, led by its President, following the visit made

to the Democratic Republic of the Congo from 6 to 12 August 2016,

1 A /HRC/33/36.

Recognizing the important role of the United Nations Organization Stabilization

Mission in the Democratic Republic of the Congo and the United Nations Joint Human

Rights Office in the Democratic Republic of the Congo in documenting human rights

violations and in improving the situation of human rights in the country,

Welcoming the de facto moratorium on the death penalty already in force, and

encouraging the Government of the Democratic Republic of the Congo to adopt a legal

moratorium on the death penalty,

Welcoming also the significant progress made by the Democratic Republic of the

Congo with regard to institutional and legislative developments relating to human rights

and in the behaviour of rights holders and duty bearers, including the adoption in 2013 of

an institutional act giving courts of appeal jurisdiction over war crimes and crimes against

humanity,

Encouraging the efforts of the Democratic Republic of the Congo to combat

impunity, protect civilians and raise awareness among victims of sexual violence of their

need for justice and assistance by, inter alia, the establishment by the office of the personal

representative of the Head of State tasked with combating sexual violence and the

recruitment of child soldiers of a helpline for victims of sexual violence, which has

contributed to the fight against impunity for crimes under international law and sexual and

gender-based violence,

Recognizing the significant efforts made by the Government of the Democratic

Republic of the Congo in the area of judicial reform, in particular in the fight against

impunity, as observed by the High Commissioner,

Deeply concerned about the continued violence and serious crimes, including sexual

violence, that reportedly continue to be committed against members of the civilian

population by armed groups and security forces in the eastern part of the country,

Deeply concerned also about reports of the aggravation of violations of civil and

political rights, particularly the freedoms of expression and peaceful assembly, committed

by State actors in the context of important election events,

Recalling the need for a joint agreement resulting from a real, credible and inclusive

political dialogue, committing all components of government and opposition parties to the

respect of human rights and fundamental freedoms, with a view to holding peaceful,

credible, open and transparent elections in the country, in conformity with the Constitution

and the African Charter on Democracy, Elections and Governance,

Noting the efforts of the Democratic Republic of the Congo to implement its

commitments under the Peace, Security and Cooperation Framework for the Democratic

Republic of the Congo and the Region, signed in Addis Ababa on 24 February 2013,

Noting also the efforts and commitment of the Government of the Democratic

Republic of the Congo to protect and promote human rights,

1. Condemns unequivocally the wave of violence in the eastern part of the

country, and all the armed groups perpetrating it;

2. Strongly condemns the recent deadly clashes in Kinshasa and elsewhere in

the country, and strongly urges the Government of the Democratic Republic of the Congo

to intensify its efforts and to take immediate steps to resolve peacefully the political issues

that led to that violence, and to avoid further confrontations;

3. Expresses its concern at the continuing atrocities in the Beni region against

civilians, and condemns in the strongest terms the senseless criminal violence against the

civilian population committed by the Allied Democratic Forces and affiliated groups in

Eringeti;

4. Also expresses its concern at allegations of crimes in the eastern part of the

country committed by members of the security forces, notes with appreciation the efforts of

the Government of the Democratic Republic of the Congo to bring those responsible for

these crimes to justice, and welcomes the sentences already brought down, in particular

against high-ranking officers;

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

intensify its efforts to put an end to violence in the eastern part of the country, with the

support of the United Nations Organization Stabilization Mission in the Democratic

Republic of the Congo within its mandate, in particular by strengthening its efforts in the

disarmament, demobilization and reintegration of former combatants;

6. Also encourages the Government to provide the means necessary to facilitate

ongoing inquiries and trials against those responsible for sexual violence, including that

committed in Kavumu, in South Kivu;

7. Further encourages the Government to continue its efforts to implement the

plans of action of the armed forces of the Democratic Republic of the Congo with a view to

reduce and prevent the recruitment of child soldiers and sexual violence, and welcomes the

progress made;

8. Encourages the Government to continue actively its efforts, with the support

of the international community, to end impunity for the perpetrators of these grave

violations of human rights, including those involving sexual violence, in the eastern part of

the country, and to ensure that victims of such crimes receive adequate care, protection

against reprisals, and reparations;

9. Welcomes the efforts made by the Government with regard to investigations

and the prosecution of peacekeepers who have returned to the Democratic Republic of the

Congo and been accused of alleged acts of sexual violence when deployed in the Central

African Republic;

10. Calls upon the Government to ensure equitable political participation for all,

and to create without delay the conditions necessary for the holding of free, transparent,

inclusive and peaceful elections, in particular in view of the legislative and presidential

elections;

11. Invites all stakeholders and Congolese political actors to contribute

peacefully to keep peace and stability in the Democratic Republic of the Congo, to

consolidate democracy and the rule of law, and to engage in good faith in a real, credible

and inclusive political dialogue;

12. Notes the organization of the national political dialogue under the auspices of

the African Union and the international community with a view to finding consensual

solutions for the holding of peaceful, transparent and credible elections, and calls upon all

stakeholders to respect and implement the resulting political agreement in conformity with

the constitutional framework, and to refrain from any recourse to violence before, during

and after the elections;

13. Calls upon the Government of the Democratic Republic of the Congo and the

independent national electoral commission to accelerate preparations for the elections, and

to establish as soon as possible a credible electoral calendar as part of the ongoing dialogue

process;

14. Notes with appreciation the launching on 31 July 2016 by the independent

national electoral commission of the process of revision of the electoral roll in the province

of Nord Ubangi;

15. Welcomes the efforts made by the United Nations, the International

Organization of la Francophonie and the European Union to ensure the credibility and the

stabilization of the electoral roll;

16. Invites the Government of the Democratic Republic of the Congo to improve

and increase the participation of women in the political and administrative domains, and

notes with appreciation the legislative measures already taken in the framework of the

amendments to the Family Code and of the law on the parity of men and women;

17. Encourages the Government to ensure that all citizens, regardless of their

political affiliation, can participate freely in public affairs and that they fully enjoy their

human rights and fundamental freedoms, in particular the freedoms of expression and

peaceful assembly, which constitute essential conditions for a real, credible and inclusive

political dialogue;

18. Welcomes the recent liberation of certain human rights activists in the

framework of the presidential amnesty, and measures to ease political tension with a view

to facilitating political dialogue, calls for the complete dismissal of remaining charges

against some of them, and calls upon the Government to rapidly extend these measures to

prisoners of conscience who are still incarcerated;

19. Encourages the Government to provide greater protection for all political

actors, civil society, journalists and human rights defenders during elections, and to ensure

respect for all human rights;

20. Expresses its deep concern at the violent confrontations in the electoral

context, including reports of the disproportionate use of force by security forces, and calls

upon all stakeholders to reject all violence;

21. Also expresses its deep concern at reports of restrictions on the freedoms of

peaceful assembly, opinion and expression and violations of the right to liberty and security

of person, and threats against and intimidation of members of political parties, civil society

representatives and journalists, and of arbitrary detention and the interference of the

executive in the functioning of justice;

22. Calls upon the Government and all relevant institutions of the Democratic

Republic of the Congo to take all additional measures necessary to prevent all violations of

international humanitarian law and abuses of human rights in the Democratic Republic of

the Congo, and to conduct thorough investigations into all acts of violence and violations of

international humanitarian law and abuses of human rights so that all perpetrators, whatever

their affiliation, are brought to justice;

23. Emphasizes the individual responsibility of all stakeholders, including State

officials, and leaders of the political parties of the government majority and the opposition,

to act in strict compliance with the rule of law and human rights;

24. Stresses the importance of releasing all persons detained arbitrarily, including

human rights defenders and persons of different political affiliations, of transferring

detainees from the National Intelligence Agency to regular detention centres, and of

granting unlimited access by the United Nations Joint Human Rights Office to centres

under the responsibility of the Agency, and in this respect calls upon the Government of the

Democratic Republic of the Congo to fulfil promptly its commitment to eliminate Agency

detention facilities;

25. Encourages the Government to continue in its commitment to its cooperation

with the Office of the High Commissioner, the United Nations Joint Human Rights Office,

the Human Rights Council and its special procedures;

26. Invites in this regard the Government to respond positively to outstanding

visit requests submitted by thematic special procedure mandate holders, and to favourably

consider extending a standing invitation to them;

27. Commends the Democratic Republic of the Congo for the establishment and

operationalization of the national human rights commission, in accordance with the

principles relating to the status of national institutions for the promotion and protection of

human rights (the Paris Principles);

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

maintain and strengthen the momentum of the efforts made to reform the army, the police

and the security services;

29. Welcomes the establishment and functioning of the Constitutional Court, and

encourages the Democratic Republic of the Congo to pursue the creation and installation of

other courts in the context of the reform of the judicial system;

30. Also welcomes the vote by the National Assembly on the draft law on the

implementation of the Rome Statute of the International Criminal Court, ratified by the

Democratic Republic of the Congo in 2002;

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

take appropriate measures to ensure the smooth functioning of all implementing agencies of

human rights, including the human rights liaison unit, the national human rights

commission, the interministerial committee on human rights, the national commission for

the universal periodic review and the unit for the protection of human rights defenders;

32. Reiterates its request to the international community, in the framework of

ownership of the Government of the Democratic Republic of the Congo, to improve the

involvement of national authorities and beneficiaries in the design, implementation,

monitoring and evaluation of projects for the promotion and protection of human rights

with a view to ensuring that they have a greater impact at the central, provincial and local

levels, particularly with regard to the priorities of justice and human rights, as defined in the

recommendations made at the national forum on justice in April 2015;

33. Also reiterates its request to the international community to focus on

structural, long-term interventions throughout the entire territory of the Democratic

Republic of the Congo to optimize the long-term impact of technical assistance

programmes;

34. Encourages the Government to organize a forum on human rights, in

particular on the impact of technical assistance by the international community to the

Democratic Republic of the Congo;

35. Invites the High Commissioner to inform the Human Rights Council on the

situation in the Democratic Republic of the Congo as and when appropriate;

36. Decides to organize, at its thirty-fourth session, in the presence of all

stakeholders, an interactive dialogue on the situation of human rights in the Democratic

Republic of the Congo;

37. Requests the Office of the High Commissioner to give an oral update on the

situation of human rights in the Democratic Republic of the Congo to the Human Rights

Council at its thirty-fifth session, in an interactive dialogue;

38. Also requests the Office of the High Commissioner to prepare a report on the

situation of human rights in the Democratic Republic of the Congo in the electoral context,

and to present it to the Human Rights Council at its thirty-sixth session, during an enhanced

interactive dialogue;

39. Decides to remain seized of the situation until its thirty-sixth session.

42nd meeting

30 September 2016

[Adopted without a vote.]