MORNING -
Human Rights Council Hears of Blatant and Unabated Violations of Human Rights in Ukraine, and of More Than 5,000 Human Rights Violations Recorded Over One Year in the Democratic Republic of the Congo

Council Holds Minute of Silence for the Victims of the Hamas Terrorist Attack on Israel and for the Natural Calamity in Afghanistan, and Concludes General Debate on Racism, Racial Discrimination, Xenophobia and Related Intolerance

The Human Rights Council this morning held an interactive dialogue on the oral update of the High Commissioner on the findings in the report of the Office of the High Commissioner for Human Rights on the situation of human rights in Ukraine.  The Council then began an enhanced interactive dialogue on the reports of the High Commissioner and the team of international experts on the situation of human rights in the Democratic Republic of the Congo.  At the beginning of the meeting, the Council held a minute of silence for the victims of the Hamas terrorist attack on Israel, and for the natural calamity in Afghanistan, and concluded the general debate on racism and racial discrimination.

Nada Al-Nashif, United Nations Deputy High Commissioner for Human Rights, said one and a half years after the Russian Federation’s full-scale armed attack on Ukraine, the world continued to bear witness to blatant and unabated violations of human rights.  Documented abuses ranged from widespread torture and arbitrary detention to conflict-related sexual violence and denial of the right to an adequate standard of living.  The thirty-sixth report on the human rights situation in Ukraine revealed that within a span of just six months, from 1 February to 31 July 2023, another 4,621 civilians fell victim to this conflict, with 1,028 killed and 3,593 injured.  The actual figures were likely higher. 

Ms. Al-Nashif said that in territory controlled by Ukraine, the Ukrainian authorities had opened nearly 6,000 criminal cases for collaboration activities and continued to render a high number of guilty verdicts.  The Office of the High Commissioner for Human Rights was concerned that many of those arrested and even convicted were targeted for conduct that could, in principle, be lawfully compelled by the occupying power under international humanitarian law. 

The President of the Council said the Russian Federation had indicated to the Secretariat that it would take the floor in the context of the list of speakers.

Ukraine, speaking as a country concerned, said just last Thursday, a Russian missile attack on the village of Hroza, in Kharkiv region, killed at least 52 civilians, including an eight-year-old boy.  One out of every seven residents of this small village was killed.  This sad news was the bitter reality for the people of Ukraine, where the past 19 months of unprovoked and unjustified Russia’s aggression were resulting in horrific abuses and human rights violations. 

In the discussion, some speakers said the ongoing Russian invasion had resulted in severe and widespread harm to Ukrainians, and violated international law and human rights principles.  According to numerous reports, Russia subjected civilians to summary executions, torture, enforced disappearances and sexual violence, among other violations.  Some speakers said they opposed and rejected any attempt to manipulate the Council, which should avoid politicising human rights issues and applying pressure on the basis of human rights.  The Office of the High Commissioner for Human Rights must adopt an unbiased position and facilitate the prompt cessation of hostilities.

The Council then started an enhanced interactive dialogue on the reports of the High Commissioner and the team of international experts on the situation of human rights in the Democratic Republic of the Congo.

Ms. Al-Nashif said the human rights situation in the Democratic Republic of the Congo remained of serious concern.  Between 1 June 2022 and 31 May 2023, the United Nations Joint Human Rights Office documented 5,135 human rights violations and abuses, as well as violations of international humanitarian law committed by members of armed groups and the State’s defence and security forces, with a majority committed in North Kivu and Ituri.  Despite major efforts by the authorities, the number of people killed in the east of the country had increased compared to the previous reporting period.  Sexual violence in conflict-affected areas remained of extreme concern, with recorded cases of at least 630 victims, including 444 women, 176 girls and 10 men.  These, compounded by natural disasters and epidemics, had led to an unprecedented humanitarian crisis. 

Albert Fabrice Puela, Minister of Human Rights of the Democratic Republic of the Congo, said this was a pivotal moment for the country with the upcoming election.  The country faced the challenges of war, imposed upon it, and the armed groups that were terrorising the eastern part of the country, and yet was seeking to protect and promote the fundamental freedoms and rights of all.  The Democratic Republic of the Congo had a top priority when it came to impunity: establishing transitional justice mechanisms.  Despite all that had been achieved in terms of putting in place the various elements of transitional justice, there was still a long way to go.  The Democratic Republic of the Congo had made significant progress in ensuring reparations would be paid to victims of conflict-related sexual violence and victims of crimes against humanity.

 

Bintou Keita, Special Representative of the Secretary-General in the Democratic Republic of the Congo, said since she spoke last March, the human rights situation had remained affected by armed violence and by the gradual increase of political tension as the country prepared for elections in December this year.  Since the beginning of the year, nine individuals were killed per day on average by members of armed groups.  Ms. Keita condemned the escalating violence by armed groups which had caused over 94,000 internally displaced persons in the past 10 days. 

Bessolé Rene Bagoro, member of the team of international experts on the Democratic Republic of the Congo, said the team had visited the Democratic Republic of the Congo, and had fruitful consultations through various means, including bilateral workshops.  The report came at a time with the gradual withdrawal of the United Nations Organization Stabilisation Mission in the Democratic Republic of the Congo, a worsening of the situation, and upcoming elections. 

Fifi Baka Mule, Executive Secretary of the Gender and Women's Rights Network, said her country was preparing for the general elections that would take place in two months' time.  The Government had harmonised some national laws that promoted women's rights in accordance with the Constitution and other international commitments, but their implementation was not effective.  Congolese women were not yet protected against violence and discrimination. 

In the discussion, some speakers recognised the challenges that the Democratic Republic of the Congo still faced: the report indicated an increase in cases of violations and abuses, including gender-based violence and conflict-related sexual violence, and an upsurge in attacks against civilians.  The deteriorating security and humanitarian situation, caused primarily by the armed group M23, as well as other armed groups, severely impacted the rights of the Congolese population.  The Government must continue efforts to strengthen security and stability, and assist civilians by providing them with humanitarian assistance, another speaker said, and the international community must provide technical assistance to the Government and relevant bodies.  

At the beginning of the meeting, the Council concluded the general debate under agenda item 9 which began on Friday,6 October.  A full summary can be viewed here and here. 

In the continuing discussion, some speakers said human rights were constitutional and guaranteed.  However, racial discrimination and violation of fundamental human rights was on the rise in some countries.  One speaker said some countries were violating human rights, by allowing religious extremist figures to burn the Holy Qur’an. There needed to be enhanced collaboration between States, striving for a world where mutual respect and diversity, both cultural and religious, were harmoniously combined, laying the foundations for peaceful and enriching coexistence for all.

Speaking in the interactive dialogue on Ukraine were European Union, Sweden on behalf of a group of countries, Liechtenstein, Sovereign Order of Malta, Czechia, Portugal, Japan, Georgia, Austria, Netherlands, Türkiye, Malta, United States, Luxembourg, Poland, France, Bulgaria, Cyprus, Belgium, China, Romania, Ireland, Australia, United Kingdom, North Macedonia, Venezuela, Democratic People's Republic of Korea, Slovakia, Albania, Belarus, Montenegro, Syria, Republic of Moldova, Spain, Nicaragua, Russian Federation, Germany and Switzerland.

Also speaking was Ukrainian Parliament Commissioner for Human Rights as well as the following non-governmental organizations: Institute for Human Rights, Conscience and Peace Tax International (CPTI), Centre for Global Nonkilling, Human Rights House Foundation, United Nations Watch, Institute for Reporters' Freedom and Safety, International Bar Association, iuventum e.V., Public Organization "Public Advocacy", and Všį "Žmogaus teisių apsauga".

Speaking in the enhanced interactive dialogue on the Democratic Republic of the Congo were European Union, Sweden on behalf of a group of countries, Holy See, Egypt, United States, Switzerland and Luxembourg.

Speaking in the general debate under agenda item nine on racism and racial discrimination were Tumuku Development and Cultural Union, Forum for Development and Human Rights Dialogue, Human Rights Information and Training Centre, Rawsam Human Development Centre, Al Tawasul Wa Al Ekah Human Organization, Prahar, Interfaith International, Community Human Rights and Advocacy Centre, Centre du Commerce International pour le Développement, and Association PANAFRICA.

The webcast of the Human Rights Council meetings can be found here.  All meeting summaries can be found here.  Documents and reports related to the Human Rights Council’s fifty-fourth regular session can be found here.

The Council will reconvene at 3 p.m. this afternoon to continue the enhanced interactive dialogue on the reports of the High Commissioner and the team of international experts on the situation of human rights in the Democratic Republic of the Congo.  This will be followed by an interactive dialogue on the oral update of the Office of the High Commissioner for Human Rights on technical assistance and capacity building for South Sudan.   The Council will then hold an interactive dialogue with the Special Rapporteur on the situation of human rights in Cambodia.

Minute of Silence

United States said following horrific attacks carried out by Hamas terrorists against Israeli citizens, there had been hundreds and hundreds of innocent civilian lives lost, thousands injured, and many innocent people kidnapped.  The United States condemned these heinous acts of terrorism, and expressed its solidarity with the people and Government of Israel in these trying times.  The United States requested a minute of silence to honour the victims of these attacks: innocent lives lost across Israel and Gaza, those held hostage, those who were and still would be affected, in order to reflect the Council’s commitment to peace and justice across the globe. 

The Council held a minute of silence.

United States extended condolences to the families who had been affected by the natural calamity in Afghanistan and requested a minute of silence.

The Council held a minute of silence.

General Debate on Agenda Item Nine on Racism, Racial Discrimination, Xenophobia, and Related Forms of Intolerance, Follow-Up to and Implementation of the Durban Declaration and Programme of Action

The Human Rights Council started the general debate under agenda item nine on racism, racial discrimination, xenophobia and related forms of intolerance, follow-up to and implementation of the Durban Declaration and Programme of Action, in previous meetings and a summary can be found here and here.

Some speakers underlined human rights were constitutional and guaranteed.  However, racial discrimination and violations of fundamental human rights were on the rise in some countries.  The international community was witnessing the intensification of intolerance towards ethnic and religious minorities, a trend which threatened the very foundations of societies, which aspired to be built on intercultural and interreligious dialogue.

One speaker said some countries were violating human rights by allowing religious extremist figures to burn the Holy Qur’an.  This was despite the majority vote which took place at the fifty-third session of the Human Rights Council, which stipulated that religious extremism and contempt for beliefs were punished.  It was hoped that the international community would force these States to abide by the principles of the Universal Declaration of Rights.  

Some speakers said it was essential that States strengthened their existing mechanisms while adopting and implementing the recommendations of the Committee on the Elimination of Racial Discrimination without delay.  There needed to be enhanced collaboration between States, striving for a world where mutual respect and diversity, both cultural and religious, were harmoniously combined, laying the foundations for peaceful and enriching coexistence for all.

Interactive Dialogue on the Oral Update of the High Commissioner on the Findings in the Report of the Office of the High Commissioner for Human Rights on the Situation of Human Rights in Ukraine

Presentation of the Oral Update

NADA AL-NASHIF, United Nations Deputy High Commissioner for Human Rights, said one and a half years after the Russian Federation’s full-scale armed attack on Ukraine, the world continued to bear witness to blatant and unabated violations of human rights.  Documented abuses ranged from widespread torture and arbitrary detention to conflict-related sexual violence and denial of the right to an adequate standard of living.  The thirty-sixth report on the human rights situation in Ukraine revealed that within a span of just six months, from 1 February to 31 July 2023, another 4,621 civilians fell victim to this conflict, with 1,028 killed and 3,593 injured.  The actual figures were likely higher.

The Office’s findings were the result of 117 field visits, 27 inspections of detention centres, 28 visits to care institutions or shelters, the observation of 23 trial hearings, 6 assemblies, and invaluable insights gained from 1,226 interviews, including with victims, witnesses, relatives and legal representatives.

Torture remained a brutal reality for civilians and prisoners of war held by Russian authorities and had been widespread.  The testimonies of survivors described a cruelty that was difficult to imagine, including terrifying accounts of electric shocks, sexual violence and severe beatings, which in some instances led to broken bones and smashed teeth.  Appalling detention conditions, including food and medical shortages, poor living conditions, and sleep deprivation, persisted.

Between February and July 2023, the Office also documented that the pattern of arbitrary detention and incommunicado detention of civilians continued in Russian-occupied territory of Ukraine, with a recorded 35 men and 8 women arbitrarily detained by Russian armed forces.  Between 1 February to 31 July 2023, the Office of the High Commissioner documented five acts of conflict-related sexual violence by members of Russian armed forces and Russian penitentiary services against four men and one woman.

Ms. Al-Nashif said in territory controlled by Ukraine, the Ukrainian authorities had opened nearly 6,000 criminal cases for collaboration activities and continued to render a high number of guilty verdicts.  The Office of the High Commissioner for Human Rights was concerned that many of those arrested and even convicted were targeted for conduct that could, in principle, be lawfully compelled by the occupying power under international humanitarian law.  In the territory of Ukraine occupied by the Russian Federation, the Office had observed with deep concern a policy of mass conferral of Russian citizenship on residents, and remained gravely concerned that there was no established system to return Ukrainian children who were transferred to other regions in Russian-occupied territory or to the Russian Federation.

Accountability for violations and crimes was crucial to prevent their recurrence and provide justice for victims.  Russian authorities had taken no discernible steps to ensure accountability for violations committed by their own security forces.  On the contrary, a new law effectively granted amnesty to Russian servicepersons for an overly broad range of crimes, reinforcing an atmosphere of impunity.  While Ukrainian authorities had launched criminal investigations into allegations against their own forces, which was welcome, the Office was still waiting to see concrete results.

The severe damage inflicted on civilians’ rights to an adequate standard of living, including access to food and housing, was particularly alarming in the wake of the breach of the Kakhovka dam. Devastating long-term effects would also be felt by the collapse of the Black Sea Grain Initiative.  This situation threatened the right to food worldwide, particularly in developing countries, and Ms. Al-Nashif said she could not stress enough the urgency for immediate international action to address this challenge.

The Human Rights Monitoring Mission in Ukraine continued to deploy teams across the country, including in high-risk areas, to document violations of international humanitarian and human rights law.  The urgency and gravity of the situation in Ukraine was undeniable.  With each passing day, the toll on human lives and rights escalated, painting a sombre picture of a conflict that continued to erode the foundations of dignity and humanity.  It was imperative for the international community to heed these findings and recommendations, and act decisively to halt the violations of rights and protect those caught in the crossfire of conflict.

Statement by Country Concerned

The President of the Council said the Russian Federation had indicated to the Secretariat that it would take the floor in the context of the list of speakers.

Ukraine, speaking as a country concerned, expressed solidarity with innocent victims of the large-scale terrorist attack from Gaza.  Just last Thursday a Russian missile attack on the village of Hroza, in Kharkiv region, killed at least 52 civilians, including an eight-year-old boy.  One out of every seven residents of this small village was killed.  The next day, on 6 October, a 10-year-old boy and his grandmother were killed and 27 people were injured in a Russian attack on the city of Kharkiv.  This sad news was the bitter reality for the people of Ukraine, where the past 19 months of unprovoked and unjustified Russia’s aggression were resulting in horrific abuses and human rights violations. 

The evidence presented in the Mission’s report on Russia’s mass murder of the Ukrainian prisoners of war in the detention facility in Olenivka could contribute to efforts to ensure that justice was served for those who remained in Russian detention.  The United Nations human rights machinery had to consolidate efforts in documenting the patterns of enforced deportations of Ukrainian children from the temporarily occupied territories of Ukraine to Russia and Belarus, to allow every abducted child to be brought back home.  The destruction by Russia of the Kakhovka Dam had led to one of the biggest industrial and ecological disasters in Europe, the impact of which would be felt for years to come.  To date, there were over 180 political prisoners held in Russian captivity. 

Tomorrow, at the United Nations General Assembly, the choice would be made for a new composition of the United Nations Human Rights Council.  Before taking this decision, the question needed to be asked: did an aggressor State have the right to be a member of the main United Nations human rights’ body?  The answer was obvious; the country, which had become a symbol of gross and systematic violations of human rights, could not be entrusted with the responsibility of advocating for universal respect and safeguarding of human rights and fundamental freedoms.

Discussion

Some speakers expressed appreciation to the High Commissioner and the Human Rights Monitoring Mission in Ukraine for their tireless efforts in documenting human rights violations; these efforts were crucial in shedding light on the grave situation in Ukraine.  They expressed full support to the work of the Monitoring Mission.  Many speakers also expressed sincere condolences to the victims of the Hamas terrorist attacks in Israel over the weekend, condemning these actions and expressing their solidarity to victims and their families. 

The ongoing Russian invasion had resulted in severe and widespread harm to Ukrainians, and violated international law and human rights principles, some speakers said.  According to numerous reports, Russia subjected civilians to summary executions, torture, enforced disappearances and sexual violence, among other violations.  Russia deported Ukrainian children to Russia and Belarus or forcibly transferred them to Russian-controlled territory.  Russia had systematically destroyed Ukrainian cities by deliberately attacking civilian, energy and critical infrastructure.  

Many speakers condemned the indiscriminate attacks on civilians, including the recent attack on Hroza village, deportations of children to Russia, and torture and ill-treatment of civilians on occupied territories.  All violations of international human rights law and international humanitarian law, committed in the context of Russia’s war of aggression against Ukraine, were also condemned.

Some speakers said the atrocities, destruction and suffering in Ukraine had led to human rights challenges across the world, escalating the current global food, economic and energy crisis.  With its decision to terminate the Black Sea Grain Initiative followed by increased attacks on Ukrainian ports, Russia was further exacerbating the global food crisis, disrupting grain deliveries worldwide and causing global food price increases.  The ecological consequences of destruction of the Kakhovka Reservoir were terrifying.  Russia was urged to resume the implementation of the Black Sea Grain Initiative.

A number of speakers called upon the international community to take a firm stance against Russia’s actions undermining the sovereignty and territorial integrity of Ukraine, and to support Ukrainians in their path for justice and peace.  Russia was urged to fully abide by its obligations under international law and cease its aggression against Ukraine.  The State should also grant access to all United Nations human rights mechanisms.  Accountability was vital; those who were responsible, including persons in a position of command, needed to be prosecuted.  Many speakers reiterated their strong support to Ukraine’s independence, sovereignty and territorial integrity. 

Some speakers said they opposed and rejected any attempt to manipulate the Council, which should avoid politicising human rights issues and applying pressure on the basis of human rights.  There was a need to protect indivisible, interrelated human rights through dialogue and cooperation.  Issues of human rights should be addressed with objectivity and impartiality, strictly abiding by the principles of the United Nations Charter.  This debate was a politically motivated approach by the West to turn the international community against the Russian Federation.  The Office of the High Commissioner for Human Rights must adopt an unbiased position and facilitate the prompt cessation of hostilities.

One speaker said the discussion today was an attempt to shift the blame for the crimes of the Ukrainian authorities against Russia, which was unacceptable.  It was striking that despite the regular Ukrainian strikes, the Office of the High Commissioner refused to see that it was the Ukrainian military behind these terrorist acts. 

Speakers asked if concrete action would be taken by the international community to mitigate the long-term human rights impact of the destruction of the Kakhovka dam?  Conflict-related sexual and other gender-based violence had tremendous effect on survivors and their communities.  What challenges or progress had the Office witnessed?  What further steps could be taken to hold Russia to account for the atrocities committed?  What could the international community do to guarantee that survivors of Russian violations received swift and fair compensation?  How could the international community assist children who had been forcibly transferred?

Concluding Remarks

NADA AL-NASHIF, United Nations Deputy High Commissioner for Human Rights, said on forced transfers and deportations of children and how to assist transferred children and to facilitate tracing and reunification, the international community should urge the Russian Federation to give international organizations meaningful access to the territory of Ukraine and the Russian Federation, which was crucial.  Detailed information on these children should also be provided to relevant bodies, as set out in international human rights and humanitarian law, including the immediate families.  The international community should also support the establishment of a functioning mechanism to identify these children and trace their family links.  The Office could support such a mechanism in its functioning.  The international community could also help build Ukraine’s own capacities in this regard, and should insist by adherence of the authorities of the Russian Federation with regard to changes of status to international standards.

On the torture of prisoners of war and civilian detainees, Ms. Al-Nashif said the international community should persist in urging the Russian Federation to provide independent monitors with meaningful access to detainees in the hands of the Russian Federation.  The international community should also continue to facilitate the work of the International Committee of the Red Cross and any other impartial humanitarian organization to make sure it could carry out these duties.  Families of the victims of arbitrary detention should know the location of their family members and be able to communicate with them.  Both parties should establish a national identification bureau which fell under their obligations under international humanitarian law. 

On conflict-related sexual violence, the majority of cases that the Office had managed to document fell under two main categories, including sexual violence used as a method of torture, and gang rape.  The majority of cases appeared to be taking place in areas controlled by the Russian Federation, the authorities of which appeared to tolerate such acts.  It was difficult to assess the prevalence of sexual violence, due to the lack of access, displacement, and the reluctance of victims to come forward.  The Mission in Ukraine had been working with partners to provide pathways and access to social and health support.  Law enforcement agencies should be assisted to develop staff capacities to document and investigate such cases, and support should be given to survivors. 

On accountability, the Council could take further steps to strengthen the capacities of monitoring and reporting mechanisms it had already created to ensure that international humanitarian law and international human rights violations were documented and investigated promptly.  All actors should be involved in facilitating the prosecution of individuals responsible for the crimes.  Given the catastrophic human rights consequences of the conflict, the Council must continue to press for intensified political and legal methods to ensure a fair and just outcome to the conflict.  National efforts for accountability must be prioritised, and the international community could strengthen its support to Ukrainian national bodies in such areas as forensic expertise, and an investigation of crimes based on international standards. 

On assistance and reparations for victims and survivors, the Russian Federation bore responsibility for all its wrong acts, including redress, and the Government of Ukraine should move to establish flexible programmes of reparation and assistance to victims without waiting for the outcome of legal proceedings.  The General Assembly had rejected the unlawful attempt to annex Ukraine.  On peace, the Office worked in coordination with all other United Nations entities to provide what it believed was necessary, with the ultimate goal always towards creating lasting peace in conflict-affected regions globally.  The international community must also assist Ukraine in improving its capacity with regard to safe de-mining operations.

Enhanced Interactive Dialogue on the Reports of the High Commissioner and the Team of International Experts on the Situation of Human Rights in the Democratic Republic of the Congo

Reports

The Council has before it the report of the Team of International Experts on the Democratic Republic of the Congo (A/HRC/54/76).  Also before the Council is the report of the United Nations High Commissioner for Human Rights on the situation of human rights in the Democratic Republic of the Congo (A/HRC/54/73).

Statements by Presenters

NADA AL-NASHIF, United Nations Deputy High Commissioner for Human Rights, said the human rights situation in the Democratic Republic of the Congo remained of serious concern.  Between 1 June 2022 and 31 May 2023, the United Nations Joint Human Rights Office documented 5,135 human rights violations and abuses, as well as violations of international humanitarian law committed by members of armed groups and the State’s defence and security forces, with a majority committed in North Kivu and Ituri.  Despite major efforts by the authorities, the number of people killed in the east of the country had increased compared to the previous reporting period.  Sexual violence in conflict-affected areas remained of extreme concern, with recorded cases of at least 630 victims, including 444 women, 176 girls and 10 men.  These, compounded by natural disasters and epidemics, had led to an unprecedented humanitarian crisis.  The number of food insecure people was estimated at 25.8 million.  The Democratic Republic of the Congo had the largest number of internally displaced persons in Africa, 6.1 million.

To reverse current trends, the Government, with the support of the international community, needed to urgently address the root causes of the situation by tackling poverty, inequalities and injustice, including by addressing discrimination and investing in women and young people.  It was also necessary to combat the illegal exploitation of natural resources and illicit economic practices.  The Disarmament, Demobilisation, Community Rehabilitation and Stabilisation Programme and the various peace and transitional justice initiatives currently being implemented had the potential to help the country come to terms with its painful past.  Regional efforts and initiatives, in particular those of the African Union, the Conference on the Great Lakes Region, the Southern African Development Community, and the East African Community, to promote peace, security and stability in the region were to be commended. 

Ms. Al-Nashif said the presentation of the report came at a time when preparations were underway for the presidential, legislative and local elections of 20 December.  The Office was concerned about ongoing tensions over the independence of the electoral commission and lack of consensus on the legal framework governing the electoral process.  Authorities were urged to ensure the electoral process was free, fair, non-violent, transparent and inclusive.  The measures taken by the authorities to combat impunity were welcomed.  During the period covered by the report, 314 people, including 71 members of the State armed forces, 20 members of the Congolese national police and 143 members of armed groups were convicted of human rights violations and abuses.  On 15 May 2023, the Uvira garrison military court sentenced Munyololo Mbao, former leader of a faction of the Raia Mutomboki armed group, to life imprisonment for crimes against humanity, including forced pregnancy. 

While these measures were encouraging, further action was needed to curb the widespread impunity by all perpetrators.  Ms. Al-Nashif called on the authorities to complete ongoing investigations, ensuring that they were impartial and independent and that the perpetrators were brought to justice.  The authorities should intensify their efforts to adopt the draft law on tribalism, racism and xenophobia as an essential piece of legislation to prevent and counter hate speech and reduce inter-communal violence.  The international community needed to support the Office in addressing challenges to allow it to continue to deliver on its human rights mandate in close cooperation with the authorities of the Democratic People’s Republic of the Congo.

ALBERT FABRICE PUELA, Minister of Human Rights of the Democratic Republic of the Congo, said this was a pivotal moment for the Democratic Republic of the Congo, with the upcoming election.  Significant efforts had been undertaken in seeking to allow the country to live up to its international commitments on human rights, including the respect, implementation and promotion of these rights.  The country faced the challenges of war, imposed upon it, and the armed groups that were terrorising the eastern part of the country, and yet was seeking to protect and promote the fundamental freedoms and rights of all.  The Democratic Republic of the Congo had a top priority when it came to impunity: establishing transitional justice mechanisms.  Despite all that had been achieved in terms of putting in place the various elements of transitional justice, there was still a long way to go.  The authorities were seeking to establish justice, and that reparations were paid to those who had fallen victim to violence in the past. 

The Democratic Republic of the Congo had seen that disproportionate use of force had been used to put down demonstrations, and was working to ensure that the perpetrators of the crimes were brought to justice and prosecuted by the law, which had occurred.  The Government was committed to ensuring that all human rights violations were punished, and would investigate the 617 incidents reflected in the mapping report from the High Commissioner.  The Democratic Republic of the Congo had made significant progress in ensuring reparations would be paid to victims of conflict-related sexual violence and victims of crimes against humanity.  It had made other steps in protecting human rights, including new legislation protecting persons with disabilities and other vulnerable persons, and that all agencies had to coordinate and ensure that they respected and implemented fundamental human rights.  New legislation was underway to protect human rights defenders.  The Democratic Republic of the Congo stood ready to continue to collaborate fully with all mechanisms to protect and promote human rights.

BINTOU KEITA, Special Representative of the Secretary-General in the Democratic Republic of the Congo, said since she spoke last March, the human rights situation in the Democratic Republic of the Congo had remained affected by armed violence and by the gradual increase of political tension as the country prepared for elections in December this year.  Since the beginning of the year, nine individuals were killed per day on average by members of armed groups.  Ms. Keita condemned the escalating violence by armed groups which had caused over 94,000 internally displaced persons in the past 10 days.  The implementation of the Rwanda roadmap was the possible solution to this crisis.  The United Nations Organization Stabilisation Mission in the Democratic Republic of the Congo was supporting the political process and military operations, to ensure disarmament of foreign and armed groups.  The M23 were called upon to dismantle operations and return to positions on the ground, as per the Rwanda roadmap.  Humanitarian needs remained vast and the Stabilisation Mission’s efforts were focused on building shelters and meeting those in need in effective areas.  The Council needed to play an increased role in mobilising support mechanisms for humanitarian assistance. 

Ms. Keita welcomed the progress achieved in transitional justice, however, challenges remained huge.  She encouraged the authorities to roll out the projects on truth, justice and reconciliation to all areas of the country and support the disarmament programme, which would help guarantee non-repetition.  The Democratic Republic of the Congo was moving towards elections and authorities were encouraged to safeguard civic space, particularly the rights of journalists.  Ms. Keita noted the sentencing of two officials regarding the events in August, and urged authorities to provide just reparations to victims.  She invited the Council to keep the Democratic Republic of the Congo on top of its agenda.  The Council needed to continue to provide adequate resources to the Democratic Republic of the Congo and address the root causes of the conflict, as they related to the right to development. 

BESSOLÉ RENE BAGORO, Member of the Team of International Experts on the Democratic Republic of the Congo, said as part of implementation of the second part of the mandate, the Office had bolstered the membership of the team, which had visited the Democratic Republic of the Congo, and had fruitful consultations through various means, including bilateral workshops.  These activities had allowed the team to assess the progress made in implementing the recommendations made in previous reports and assess the activities of various stakeholders.  The report came at a time with the gradual withdrawal of the United Nations Organization Stabilisation Mission in the Democratic Republic of the Congo, a worsening of the situation, and upcoming elections.  There was resurgence of the M23 armed group, and growing hostility to the Stabilisation Mission.  The humanitarian situation remained of concern.

There were insufficient financial and human resources allocated to the entire justice system, but the Government was seeking to respond to criticism and improve access to justice.  The team applauded the reform of the prison system and the training given to judges, and encouraged further training of judges across the country.  The team welcomed the Government’s attempts to fight impunity in the armed forces.  It also welcomed the forensic legal team put in place and supported by the Office of the High Commissioner for Human Rights.  The Government was encouraged to implement the road map on forensic medicine.  The initiatives taken at the national level, including on transitional justice, were also appreciated.  However, major challenges remained, and the Government should improve communication and harmonisation among the various initiatives underway to strengthen the pragmatic approach to transitional justice, among others.  There was a need to consider collective reparations.  The progress made at the national level gave the team confidence, and the team called upon the international community and financial backers to support the transitional justice process, to ensure that it was a lasting process in the Democratic Republic of the Congo.

FIFI BAKA MULE, Executive Secretary of the Gender and Women's Rights Network, said today her country was preparing for the general elections that would take place in two months' time.  The Government had harmonised some national laws that promoted women's rights in accordance with the Constitution and other international commitments, but their implementation was not effective.  Congolese women were not yet protected against violence and discrimination.  Many factors prevented women from participating in public life.  The exemption from application fees for parties that had achieved parity was a positive step forward.  Despite this progress, only one woman was currently running for president; women represented 17 per cent of those running for national parliament, 28 per cent of those running for provincial parliament, and 43 per cent of those running for municipal elections.  During the tense pre-election period, it was important for the Government to guarantee free, democratic and transparent elections, while respecting freedom of expression. 

Civilians continued to be subjected to violence in the Democratic Republic of the Congo, particularly women and children.  The increased vulnerability caused by population displacement was pushing women and girls into prostitution.  Beyond the humanitarian aid that needed to be provided, strong measures needed to be taken to ensure the safety of the displaced, to fight impunity and to effectively care for survivors.  The defence and security forces, with the support of the regional force and the United Nations Organization Stabilisation Mission in the Democratic Republic of the Congo, needed to deploy more resources to protect the civilian population.  The armed conflict had caused the massive displacement of women and children in the eastern provinces of the country.  Women human rights defenders were victims of prejudice and exposed to violence daily.  Parliament should expedite the law protecting human rights defenders.  Ms. Mule advocated for women’s involvement in the peace process.  The top priority for Congolese women and girls was peace, security and durable solutions.

Discussion

In the discussion, some speakers recognised the challenges that the Democratic Republic of the Congo still faced: the report indicated an increase in cases of violations and abuses, including gender-based violence and conflict-related sexual violence, and an upsurge in attacks against civilians.  Victims and survivors continued to face difficulties in obtaining reparations.  An additional source of concern was the persistence of hate speech and incitement to violence in this pre-electoral period.

Some speakers also remained particularly worried about shrinking civic space, disproportionate use of force, arbitrary arrests, detention of political opponents, threats and attacks directed against journalists and civil society, and the deterioration of the humanitarian situation, with recurring attacks by armed groups that drove forced displacement and extreme hardship for millions of Congolese.

The deteriorating security and humanitarian situation, caused primarily by the armed group M23, as well as other armed groups, severely impacted the rights of the Congolese population.  The violence also jeopardised the safe conduct of the coming general elections, and elections could not be held in three territories due to insecurity.  The state of siege in the provinces of North Kivu and Ituri remained.  Accountability and the rule of law must be ensured.

A speaker exhorted the entire international community not to underestimate the particularly grave threat posed by Allied Democratic Forces’ continued attacks and growing extremist radicalisation.  The Government must continue efforts to strengthen security and stability, and assist civilians by providing them with humanitarian assistance, another speaker said, and the international community must provide technical assistance to the Government and relevant bodies.  

Some speakers said the Government must respect freedom of expression and of association, and commit to opening civic space, including through free and fair elections, and ensure that civil and political rights were fully respected, through an elective process that was entirely credible.  Violence during recent demonstrations in Goma was unacceptable, and the authorities should conduct transparent investigations.  There was also concern for the acts of sexual violence committed by armed groups, and the country was encouraged to ensure justice and transitional justice.

Among questions raised were what the international community could do to support the Democratic Republic of the Congo in this pre-electoral period; and what impact could the ongoing violence have on the safe conduct of the coming elections.

 

Produced by the United Nations Information Service in Geneva for use of the media;
not an official record. English and French versions of our releases are different as they are the product of two separate coverage teams that work independently.

 

 

HRC23.144.E