AFTERNOON - Human Rights Council Establishes Fact-Finding Mission on Human Rights Abuses and Violations in the Provinces of North Kivu and South Kivu in the Democratic Republic of the Congo, Also Establishes Independent Commission of Inquiry to Continue Work of the Fact-Finding Mission

The Human Rights Council this afternoon concluded its thirty-seventh special session on the human rights situation in the Democratic Republic of the Congo, adopting a resolution in which it established a fact-finding mission on the serious human rights violations and abuses and violations of international humanitarian law committed in the provinces of North Kivu and South Kivu, in the eastern Democratic Republic of the Congo.  The Council further established an independent commission of inquiry to continue the work undertaken by the fact-finding mission. 

In the resolution on the human rights situation in the Democratic Republic of the Congo (A/HRC/37/L.1) as orally amended, adopted without a vote, the Council condemned in the strongest possible terms the persistent violations and abuses of human rights and the violations of international humanitarian law and international refugee law being committed in the provinces of North Kivu and South Kivu in the Democratic Republic of the Congo, in particular conflict-related sexual violence and gender-based violence, summary executions, abductions, enforced disappearances, targeted attacks against human rights defenders, journalists, other civil society actors and peacekeepers, and the bombing of sites for displaced persons, hospitals and schools. 

The Council also strongly condemned the military and logistical support provided by the Rwanda Defence Force to the M23, which continued to cause many civilian casualties, renewed displacement and significant trauma among the population; called upon the M23 and the Rwanda Defence Force to immediately end the human rights violations and abuses and violations of international humanitarian law in North Kivu and South Kivu provinces; and called for the strict observance of all human rights and fundamental freedoms and for the protection of civilians and critical civilian infrastructure in these provinces.

The Council demanded that the M23 immediately cease all hostile actions in and withdraw from the occupied areas and that the Rwanda Defence Force cease its support of the M23 and urgently withdraw from the territory of the Democratic Republic of the Congo, in order to contribute to the prevention of further violations and abuses of human rights and violations of international humanitarian law in North Kivu and South Kivu provinces. 

The Council decided to urgently establish a fact-finding mission on the serious human rights violations and abuses and violations of international humanitarian law committed in the provinces of North Kivu and South Kivu, in the eastern Democratic Republic of the Congo, and requested the High Commissioner to urgently set up the fact-finding mission, which was to draw up a report on the events that occurred between January 2022 and the date of the presentation of its comprehensive report, with the following mandate: to investigate and establish the facts, circumstances and root causes of all the alleged violations and abuses of human rights and violations of international humanitarian law, including those affecting women and children, and which include sexual or gender-based violence or committed against internally displaced persons or refugees, and of potential international crimes in the context of the most recent escalation of hostilities in North Kivu and South Kivu provinces.

The mandate of the fact-finding mission was also to collect, consolidate and analyse evidence of such violations and abuses, including those affecting women and children, and to systematically record and preserve all information, documentation and evidence, including interviews, witness testimony and forensic material, consistent with international best practices, in view of any future legal proceedings; to document and verify relevant information and evidence, including through field engagement, and to cooperate with judicial and other entities, as appropriate; and to identify, to the extent possible, the persons and entities responsible for violations and abuses of human rights and violations of international humanitarian law, as well as any international crimes, in the context of the most recent escalation of hostilities in North Kivu and South Kivu provinces in order to ensure that those responsible were held accountable for their actions. 

The fact-finding mission would also make recommendations, in particular on accountability measures, all with a view to ending impunity and addressing its root causes, and ensuring accountability, including, as appropriate, individual criminal responsibility, and access to justice for victims.  It would present an oral update to the Human Rights Council at its fifty-ninth session, to be followed by a comprehensive report, at its sixtieth session, and to present also a comprehensive report to the General Assembly, at its eightieth session. 

The Council also decided to establish an independent commission of inquiry, made up of three experts with competency in international rights law, human rights, and international humanitarian law, to be appointed as soon as possible by the President of the Human Rights Council, to continue the work undertaken by the fact-finding mission after the presentation of the complete report of the latter, with the same mandate as the fact-finding mission.  The Council called for the mandate of the fact-finding mission to take immediate effect. 

The Council adopted the report of the special session ad referendum. 

The special session started this morning with a statement by Volker Türk, United Nations High Commissioner for Human Rights, who called on all parties to lay down their weapons and resume dialogue within the framework of the Luanda and Nairobi processes.  In the meantime, all parties to the conflict must respect international human rights law and international humanitarian law.  The M23, Rwandan forces and all those supporting them must facilitate access to humanitarian aid.  Air, land and lake routes must be reopened to establish humanitarian corridors and guarantee the safety of humanitarian actors. In these circumstances, it was crucial to establish the facts and bring the perpetrators to justice.  He said an independent and impartial investigation must be opened up into human rights violations and abuses, and violations of international humanitarian law, committed by all parties. 

The fifty-eight regular session of the Human Rights Council will be held from 24 February to 4 April 2025. 

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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.

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