Human Rights Council Discusses the Situation of Human Rights in Ukraine and in the Democratic Republic of the Congo under its Technical Assistance and Capacity Building Agenda Item

The Human Rights Council this afternoon held an interactive dialogue on the report of the Office of the High Commissioner for Human Rights on the situation of human rights in Ukraine, as well as an enhanced interactive dialogue on the situation of human rights in the Democratic Republic of the Congo, both under its agenda item 10 on technical assistance and capacity building.

Christian Salazar Volkmann, Director of the Field Operations and Technical Cooperation Division at the Office of the High Commissioner for Human Rights, said the Russian Federation’s wide-scale armed attack had resulted in a dire human rights situation across Ukraine.  The people in Ukraine had experienced unspeakable suffering and devastation, as the armed conflict had led to a wide range of violations of human rights and international humanitarian law affecting both civilians and combatants.  Civilians continued to bear the brunt of the hostilities.  As of yesterday, the Office of the High Commissioner had documented 6,114 civilians killed, including 390 children, and 9,132 injured, including 690 children.  Mr. Salazar Volkmann stressed that the real figures were likely considerably higher.  The Council and the international community should do everything possible to prevent further escalation, encourage all efforts at peace, and ensure respect for international human rights and humanitarian law in Ukraine.

Ukraine, speaking as a country concerned, said the ongoing aggression by Russia against Ukraine, accompanied by massive human rights violations, war crimes, and crimes against humanity, were a deliberate destruction of the United Nations Charter.  Russia had put the world on the edge of the unthinkable with its nuclear threats, and its shelling of the Zaporizhzhia nuclear power plant had exposed the entire continent to a nuclear danger.  These actions represented an egregious affront to the human rights of all around the world and must be strongly rejected.  The report on the situation in Ukraine testified to Russia’s destruction; innocent people were being killed and their homes and lives were being destroyed.
Russia would be held accountable for its crimes against the Ukrainian people. 

In the discussion on Ukraine, many speakers said there had been atrocious violations of human rights across the territory of Ukraine.  All violations of international human rights law and international humanitarian law committed in the context of the Russia’s war of aggression against Ukraine and its latest escalation were condemned, and several speakers said any such violations required the strongest condemnation of all United Nations Members.  All the perpetrators must be held accountable.  Some speakers, however, said that this agenda item was designed for discussing technical assistance and capacity building, whilst including the country concerned, in the principles of genuine dialogue and cooperation, and this discussion was far from the issue of technical assistance, undermining the work of the Council.  The report showed a Western bias, and failed to show the war crimes, human rights violations and other violations for which the Kyiv regime bore responsibility, one speaker said.

Speaking in the interactive dialogue were Estonia on behalf of a group of countries, European Union, Denmark on behalf of a group of countries, Norway, Republic of Korea, Slovenia, Switzerland, Germany, Ireland, France, North Macedonia, Australia, Luxembourg, Lithuania, Venezuela, Russia, Netherlands, Syria, Czech Republic, Bosnia and Herzegovina, Iceland, Estonia, United States, United Kingdom, Belarus, Italy, Montenegro, Denmark, Republic of Moldova, Slovakia, Belgium, Poland, Bulgaria, Portugal, Sweden, Georgia, Malawi, Albania, Latvia, Türkiye, Austria, China, Romania, Japan, Finland, Liechtenstein and European Union on behalf of a group of countries.

Also speaking was the Ukrainian Parliament Commissioner for Human Rights, as well as the following non-governmental organizations: International Fellowship of Reconciliation, Conscience and Peace Tax International, World Federation of Ukrainian Women's Organizations, Baptist World Alliance, Human Rights House Foundation, Next Century Foundation, International Humanist and Ethical Union, iuventum e.V., Center for Global Nonkilling, and International Commission of Jurists.

The Council then started an enhanced interactive dialogue on the situation of human rights in the Democratic Republic of the Congo.

Christian Salazar Volkmann, Director of the Field Operations and Technical Cooperation Division at the Office of the High Commissioner for Human Rights, said there had been some improvements in the human rights situation in the Democratic Republic of the Congo since the submission of the previous report in October 2021.  There was a decrease in the number of human rights violations and abuses, and violations of international humanitarian law documented by the United Nations Joint Human Rights Office.  However, the situation continued to be affected by an extremely fragile security context that bred violations and abuses of human rights and fundamental freedoms.  The security situation in the eastern provinces of the Democratic Republic of the Congo remained worrying.  Conflicts in the Democratic Republic of the Congo were fuelled by impunity, and the development of a national prosecution strategy was welcomed.

Albert Fabrice Puela, Minister of Human Rights of the Democratic Republic of the Congo, said efforts were being made in all areas to protect and promote human rights throughout the national territory.  Progress had been made by the Government, in particular with the establishment of transitional justice mechanisms.  The Government was committed to ensuring the protection and promotion of human rights holistically, and thus laws were being drawn up, including ones on access to information, human rights defenders, and public demonstrations, and other important laws affecting the administration of transitional justice, in particular in terms of reparations.  Mr. Puela said the victims of the armed conflicts, as well as the search for truth, justice, reparations, and guarantees of non-repetition, were all at the centre of the concerns and objectives of the Head of State and of his entire Government, because they constituted the only way to fight against the impunity of the warlords and to reduce all tensions between the communities. 

Bintou Keita, Special Representative of the Secretary-General in the Democratic Republic of the Congo, said the Democratic Republic of the Congo had continued to strengthen its legislation and improve its practice in the field of human rights.  The President had enacted two important laws: one on the protection of persons living with disabilities, and one on the rights of indigenous peoples, and these were significant steps forward in efforts to combat discrimination and ensure integration, giving them more political inclusion.  On transitional justice, the United Nations had continued to support national authorities put into place a process throughout the country.  Nevertheless, the situation remained concerning, due to ongoing insecurity in the east of the country.  The re-emergence of M23 was concerning, leading to thousands of Congolese having to leave their homes. 

Marie-Thérèse Keita-Bocoum, Member of the Team of Experts on the Democratic Republic of the Congo, said the fight in the Democratic Republic of the Congo against impunity, and the implementation of transitional justice in the province of Kasai Central were a key focus.  The lack of human, financial and material resources remained the main challenge for the effective and efficient functioning of the administration of justice.  The national process faced major challenges.  To address them, the Government needed national funding for the transitional justice process to ensure its credibility.  Ms. Keita-Bocoum encouraged massive financial support from the international community. 
Dismas Kitenge Senga, President and Co-founder of the Lotus Group, said the efforts of the Government to encourage and support human rights should be applauded.  The gross violations of international humanitarian law and the shrinkage of democratic space should be regretted and condemned.  The situation required a varied approach for through and lasting effectiveness.  Despite progress on the military level, there were struggles to stop the massacre of civilians and protect them from violations of international humanitarian law.  The efforts to combat impunity and corruption were welcome, and should be properly defined and considered as a structured and long-term policy to meet all international standards. 

In the discussion on the Democratic Republic of the Congo, some speakers said impunity for violations of human rights and international humanitarian law, the re-emergence of M23, and the Nairobi Process had all shown that it was essential to take due account of the transboundary nature of conflicts and transitional justice.  Hate speech calling for violence and discrimination against local populations must be fought by the Congolese authorities as resolutely as possible.  Some speakers said that over the past year, there appeared to be an improvement of the situation.  Other speakers said the increase in ethnic tensions, attacks on civilians and other human rights violations were of serious concern. 

Speaking in the discussion were the European Union and Iceland on behalf of a group of countries.

Speaking in right of reply was Russia.

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-first regular session can be found here.

The Council will next meet at 9 a.m. on Wednesday, 5 October when it will conclude the enhanced interactive dialogue on the situation of human rights in the Democratic Republic of the Congo.  It will then hold an enhanced interactive dialogue on the oral update of the High Commissioner on technical assistance and capacity building for South Sudan.

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

Presentation of Oral Update

CHRISTIAN SALAZAR VOLKMANN, Director of the Field Operations and Technical Cooperation Division at the Office of the High Commissioner for Human Rights, presenting the oral update of the Office of the High Commissioner regarding the findings of the periodic report of the Office on the situation of human rights in Ukraine, pursuant to Council resolution 47/22, said the report covered the period of 1 February to 31 July 2022. 

Since the start of the reporting period, the Russian Federation’s wide-scale armed attack had resulted in a dire human rights situation across Ukraine.  The people in Ukraine had experienced unspeakable suffering and devastation, as the armed conflict had led to a wide range of violations of human rights and international humanitarian law affecting both civilians and combatants.  Civilians continued to bear the brunt of the hostilities.  As of yesterday, the Office of the High Commissioner had documented 6,114 civilians killed, including 390 children, and 9,132 injured, including 690 children.  Mr. Salazar Volkmann stressed that the real figures were likely considerably higher.  The vast majority of civilian casualties that the Office of the High Commissioner had documented were caused by the use of explosive weapons in populated areas, for the most part by Russian armed forces and affiliated armed groups.  While the Office had not been able to assess compliance with international humanitarian law for each individual incident, the sheer scale of damage and destruction was a strong indication that violations had occurred.

Mr. Salazar Volkmann said the hostilities had also damaged and destroyed homes and critical civilian infrastructure on a scale which strongly suggested failure to comply with the rules of international humanitarian law governing the conduct of hostilities, including the principles of distinction, proportionality and precaution, and the prohibition of indiscriminate attacks.  Beyond the direct impact of the hostilities, the Office of the High Commissioner also had concerns about the rights to freedom of opinion, expression and peaceful assembly.  Such rights had been restricted in territory occupied by the Russian Federation or controlled by Russian armed forces and affiliated armed groups.  There were concerns that the shrinking civic space and highly restrictive environment in these areas deterred people from reporting the human rights violations that they had experienced or witnessed.

The Office of the High Commissioner had documented a range of violations of the rights to life, liberty and security, and continued to corroborate the alleged killings of hundreds of civilians in over 30 settlements in Kyiv, Chernihiv, Kharkiv, and Sumy regions, while they were controlled by Russian armed forces in February and March.  As the hostilities continued, disturbing accounts were emerging of violations of human rights and international humanitarian law in the context of detention, of both civilians and prisoners of war.  Enforced disappearances and arbitrary detention of civilians had become widespread in territory controlled by Russian armed forces or affiliated armed groups.  Appalling reports of torture and ill-treatment of both civilians and prisoners of war continued.  On a lesser scale, the Office had also documented cases of torture and ill-treatment by Ukrainian armed forces of prisoners of war, during their capture or while in transit to camps of internment.

Mr. Salazar Volkmann said that with the purported annexation of the Ukrainian regions of Donetsk, Luhansk, Kherson and Zaporizhzhia, further to so-called referenda, the Russian Federation had taken steps which deepened rather than resolved the conflict, and exacerbated the human rights violations associated with it, moving further away from peace toward escalation.  The Council and the international community should do everything possible to prevent further escalation, encourage all efforts at peace, and ensure respect for international human rights and humanitarian law in Ukraine.

Statement by Country Concerned

Ukraine, speaking as a country concerned, said that it was a critical moment for international law and order, and for human rights.  The ongoing aggression by Russia against Ukraine, accompanied by massive human rights violations, war crimes, and crimes against humanity, were a deliberate destruction of the United Nations Charter.  Russia had put the world on the edge of the unthinkable with its nuclear threats, and its shelling of the Zaporizhzhia nuclear power plant had exposed the entire continent to a nuclear danger.  These actions represented an egregious affront to the human rights of all around the world and must be strongly rejected.  The report on the situation in Ukraine testified to Russia’s destruction; innocent people were being killed and their homes and lives were being destroyed.  Just a few days ago, 16 Russian missiles had killed 30 and injured more than 100 people in a civilian convoy in Zaporizhzhia.  A mass grave with 440 Ukrainian bodies with signs of torture had been found, another example of the numerous war crimes committed by Russia.

Nearly one fifth of Ukraine’s territory remained occupied by Russia.  Russian forces were sending Ukrainian citizens to filtration camps before forcibly re-locating them to Russia, in violation of the Geneva Convention.  They were not refugees but forcibly deported persons.  Russia had organised the illegal mass adoption of Ukrainian children after they had been forcibly transferred from occupied territories of Ukraine to Russia.  These 200,000 Ukrainian children had been deprived of their right to a decent childhood in their homeland.  By forcing people to the election ballots at gun point, Russia had committed a crime against citizens’ right for free and fair elections.  In occupied Crimea, Russia deliberately focused its mobilisation for military conscription on Crimean Tatars, in a blatant act of ethnic cleansing.  Russia violated every international law and did not deserve a seat in any multilateral institution.  Russia would be held accountable for its crimes against the Ukrainian people. 

Discussion

In the ensuing discussion, some speakers said each day, the world witnessed the horror as Russia continued to commit atrocities in Ukraine.  Since the full-scale invasion, reportedly over one million Ukrainians had been unlawfully deported to Russia or unlawfully forcibly displaced to Russian occupied territories.  Ukrainian children were unlawfully deported for illegal adoptions in Russia.  The aggressor’s brutal network of filtration camps masked hideous abuses and violations of human rights and international humanitarian law.  The weight of these crimes fell not least on women and girls, who faced rape and sexual and gender-based violence and abuse.  There had been atrocious violations of human rights across the territory of Ukraine.

All violations of international human rights law and international humanitarian law committed in the context of Russia’s war of aggression against Ukraine and its latest escalation were condemned, and several speakers said any such violations required the strongest condemnation of all United Nations Member States: all the perpetrators must be held accountable.  Speakers also condemned the discoveries of mass graves, in particular the sickening discoveries recently in Izium, and the increasing number of civilian casualties across Ukraine.  All allegations must be thoroughly investigated, and international accountability efforts to ensure justice for victims should be supported. 

The atrocities, destruction and suffering in Ukraine unleashed by this flagrant violation of the United Nations Charter had led to human rights challenges across the world by causing current global economic, food and energy crises.  Russia’s responsibility for that crisis was unquestionable.  Russia should abide by its obligations under international law and end the unlawful deportations and forcible displacements of Ukrainian civilians, including of children; implement the provisional measure order rendered by the International Court of Justice on 16 March; and cease its aggression against Ukraine entirely, unconditionally, and immediately.  Many speakers also rejected the illegal and sham referenda held in Ukraine by the occupying forces, and the consequent illegal attempted annexation of four Ukrainian regions, saying that they had no effect and would never be accepted, calling for the restoration of Ukraine to its internationally recognised borders.  There was also concern for the nuclear situation with regard to power plants in Ukraine.

Some speakers said that item 10 of the Council’s agenda was designed for discussing technical assistance and capacity building, whilst including the country concerned, in the principles of genuine dialogue and cooperation.  The resolution that gave rise to this discussion was far from the issue of technical assistance, reflecting the politicisation of the Council, distorting the mandate entrusted to it, and ran counter to the original designs, showing politicisation, selectivity and double standards, undermining its work, failing to protect and promote human rights and to protect victims of violations.  The report showed a Western bias, and failed to show the war crimes, human rights violations and other violations for which the Kyiv regime bore responsibility, one speaker said.

Concluding Remarks

CHRISTIAN SALAZAR VOLKMANN, Director of the Field Operations and Technical Cooperation Division at the Office of the High Commissioner for Human Rights, said Crimean Tatars continued to be disproportionately targeted by the police and targeted under terrorist proceedings, which often fell short of human rights standards.  The Human Rights Council should encourage the Russian Federation to allow access to Crimea, and remind it of its human rights obligations to the population of Crimea.  Human rights defenders and lawyers working in the Crimea required the support of the Human Rights Council.  Forcing Crimean Tatars into the Russian army amounted to a war crime.  The international community needed to support the evacuation of persons in vulnerable situations, including the disabled and elderly persons, from conflict situations.  The assistance provided should reach these vulnerable groups.  There was a network in Ukraine of civil society, and it was important to support them locally. 

Mr. Salazar Volkmann said a significant number of forced deportations towards Russia had been documented by the Office of the High Commissioner.  International humanitarian law forbade the forced transportation of protected persons, which could amount to war crimes, and the Office continued to investigate these, along with the allegations of forced transportation of children for adoption by Russian families, which was prohibited under the Fourth Geneva Convention.  On filtration, through interviews with individuals who were detained and subsequently released, the Office had verified that civilians were subjected to so-called filtration by the Russian forces, resulting in numerous human rights violations. 

Men and women perceived as having ties with the Ukrainian forces were subject to various forms of human rights violations by Russian forces.  Allegations of human rights violations by Ukrainian armed forces in areas which they had regained control of were also a matter of concern, in particular with regard to security checks, which should be carried out in line with human rights standards.  On conflict-related sexual violence, the Office of the High Commissioner was trying to assess the situation, but it was a difficult thing to assess, although it was working on improving its capacity to assess conflict-related sexual violence. 

On the annexation issue, Mr. Salazar Volkmann said any annexation of any State by another under threat of force was a violation of the United Nations Charter.  The impact of the so-called referenda and purported annexation was being monitored.  The efforts of the Government of Ukraine to investigate and prosecute war crimes were noted, and the international community should advocate for accountability at all levels, whilst supporting regional and international mechanisms.

Enhanced Interactive Dialogue on the Situation of Human Rights in the Democratic Republic of the Congo

Reports

The Council has before it the report of the High Commissioner on the situation of human rights in the Democratic Republic of the Congo (A/HRC/51/61), and a report by the Team of International Experts on the Democratic Republic of the Congo (A/HRC/51/60).

Key-note Statements

CHRISTIAN SALAZAR VOLKMANN, Director of the Field Operations and Technical Cooperation Division at the Office of the High Commissioner for Human Rights, said there had been some improvements in the human rights situation in the Democratic Republic of the Congo since the submission of the previous report in October 2021.  There was a decrease in the number of human rights violations and abuses, and violations of international humanitarian law documented by the United Nations Joint Human Rights Office.  However, the situation continued to be affected by an extremely fragile security context that bred violations and abuses of human rights and fundamental freedoms. 

Between 1 June 2021 and 31 May 2022, at least 6,782 human rights violations and abuses were documented; a decrease of 3 per cent compared to the previous period.  The majority of the violations and abuses were attributed to armed groups, whilst 44 per cent were committed by State agents, mainly by members of the armed forces and the Congolese National Police.  Since the beginning of 2022, the Joint Human Rights Office in the Democratic Republic of the Congo had also documented a resurgence of restrictions on civic and political space.  Mr. Salazar Volkmann called on the authorities to ensure that these restrictions ceased and to increase the judicial oversight on the intelligence services. 

The security situation in the eastern provinces of the Democratic Republic of the Congo remained worrying.  About 2,413 people were killed by members of armed groups during the first 12 months of the state of siege, while nearly 5.5 million people had been forced to leave their homes due to the violence.  The attacks of the M23 armed group in the province of North Kivu against the defence and security forces, civilians, and the United Nations Organization Stabilisation Mission in the Democratic Republic of the Congo had plunged the province into a new cycle of violence, resulting in dozens of deaths and the displacement of thousands of people.  Mr. Salazar Volkmann strongly condemned the human rights abuses by members of armed groups, including the M23, the ADF and CODECO, calling on them to stop such violence.  The Government should accelerate the operationalisation of the National Programme for Demobilisation, Disarmament and Community Reintegration and Stabilisation, and authorities should ensure that military measures taken in the context of the fight against insecurity were implemented in strict compliance with human rights and international humanitarian law.

Mr. Salazar Volkmann said the conflicts in the Democratic Republic of the Congo were fuelled by impunity, and the development of a national prosecution strategy was welcomed.  Between 1 June 2021 and 31 May 2022, the Office documented 442 convictions related to serious human rights violations and abuses, with 156 involving the defence and security forces and 118 involving members of armed groups.  Concern was expressed at the slow pace of judicial processing. 

Mr. Salazar Volkmann welcomed the progress made in the area of transitional justice, including the continuation of the national consultations on transitional justice in seven provinces.  While the United Nations and the Congolese authorities were engaged in the United Nations Organization Stabilisation Mission in the Democratic Republic of the Congo’s transition process, a precipitous and uncoordinated withdrawal could have serious consequences on the human rights situation in the east of the country.  This was even more important as recent violent demonstrations had negatively impacted the human rights and protection of civilians’ mandate.  It was crucial that early warning and response mechanisms on electoral violence be developed and supported as general elections approached.

ALBERT FABRICE PUELA, Minister of Human Rights of the Democratic Republic of the Congo, said efforts were being made in all areas to protect and promote human rights throughout the national territory.  Progress had been made by the Government, in particular with the establishment of transitional justice mechanisms whose implementation was to be carried out through national consultations in every province, with support from the Office of the High Commissioner.  These national consultations, the first in the country, were an unprecedented referendum to receive from the victims, who were at the heart of the process, their perceptions, expectations and needs with regard to truth, justice, and non-recurrence, in order to ensure a true policy of national progress, and in order to prevent any new conflicts and restore peace.

Since the adoption of the Universal Periodic Review outcome of the Democratic Republic of the Congo, sectoral implementations of certain recommendations had been made, despite certain issues impeding the implementation of all recommendations.  An interim report was thus being drawn up, to show the Government’s commitment to ensuring that all Congolese enjoyed their human rights to the greatest extent possible.  The Government was committed to ensuring the protection and promotion of human rights holistically, and thus laws were being drawn up, including ones on access to information, human rights defenders, and public demonstrations, and other important laws affecting the administration of transitional justice, in particular in terms of reparations.

Mr. Puela said the victims of the armed conflicts, as well as the search for truth, justice, reparations, and guarantees of non-repetition, were all at the centre of the concerns and objectives of the Head of State and of his entire Government, because they constituted the only way to fight against the impunity of the warlords and to reduce all tensions between the communities. 

BINTOU KEITA, Special Representative of the Secretary-General in the Democratic Republic of the Congo, said the Democratic Republic of the Congo had continued to strengthen its legislation and improve its practice in the field of human rights.  The President had enacted two important laws: one on the protection of persons living with disabilities, and one on the rights of indigenous peoples, and these were significant steps forward in efforts to combat discrimination and ensure integration, giving them more political inclusion.  On transitional justice, the United Nations had continued to support national authorities put into place a process throughout the country.  Rapid implementation of transitional justice, de-arming and stabilisation: these would allow the country to move towards the achievement of economic, social and cultural rights for all the people of the Democratic Republic of the Congo.  Nevertheless, the situation remained concerning, due to ongoing insecurity in the east of the country.  The re-emergence of M23 was concerning, leading to thousands of Congolese having to leave their homes. 

The efforts of the Heads of State in East Africa and the Great Lakes region in seeking to overcome these challenges were applauded.  Stabilising relationships between the Democratic Republic of Congo and Rwanda was a goal that was being sought.  There was a need for a mechanism that would guarantee respect for human rights and international humanitarian law during military operations that took place on Congolese soil, and this was also being worked towards.  A clear analysis of what had been done should show the way forward, but the fact remained that the violent demonstrations in July, resulting in the deaths of civilians and of personnel of the United Nations Organization Stabilisation Mission in the Democratic Republic of the Congo, were due to hate speech, and were incompatible with the freedoms of expression and of assembly.  In order to meet the security challenges posed by armed groups, there was a need for cohesion and support from the population.  The more able the Mission was to fulfil its mandate, the more quickly it would be able to achieve sustainable results.  There was a need for capacity building in all areas, including those where the Mission had closed its offices.  There was a need for cooperation from all sides in all joint action taken in the Democratic Republic of the Congo.  Work was being done to continue to combat rising incidents of violence and conflict: a crisis must at all costs be avoided.

MARIE THÉRÈSE KEITA-BOCOUM, Member of the Team of international experts on the Democratic Republic of Congo, said the fight in the Democratic Republic of the Congo against impunity, and the implementation of transitional justice in the province of Kasai Central were a key focus.  The four visits undertaken in the Democratic Republic of the Congo and the dialogue with the authorities, communities and civil society enabled two key points to be formed.  First, the Democratic Republic of the Congo had the potential to build a national judicial system; and secondly, the will for peace and reconciliation in justice and national solidarity existed everywhere in the country, even when violence and looting continued.  The Democratic Republic of the Congo could break the cycle of socio-political tensions and violent armed conflicts.  To do this, the State needed to strengthen peace, disarmament and reconciliation, as well as the community fabric and solidarity with the victims; repress supporters of murderous discrimination; and put an end to impunity in all forms.  Only a transitional justice system, created by and for the Congolese, would make it possible to achieve this.

Ms. Keita-Bocoum said the lack of human, financial and material resources remained the main challenge for the effective and efficient functioning of the administration of justice.  She noted the ongoing project to recruit 2,000 new magistrates by the Government, and welcomed that the President of the Republic had authorised the waiver of the immunity of certain general officers implicated in the pending priority cases, and that other court decisions had been issued by the High Military Court for high profile cases.  Several initiatives had been taken at the national level by the Government, including the creation of a Joint Reflection and Guidance Commission on Transitional Justice; the establishment of the Disarmament, Demobilisation, Community Recovery and Stabilisation Programme; and the launch of national popular consultations in provinces, which would allow communities to express their needs and wishes in terms of truth, reparation, justice and guarantees of non-repetition. 

However, Ms. Keita-Bocoum said, the national process faced major challenges.  To address them, the Government needed national funding for the transitional justice process to ensure its credibility.  She encouraged massive financial support from the international community.  The process of establishing a national reparations fund and the development of a system to enable victims to benefit from adequate reparations needed to be accelerated.  A pragmatic approach to transitional justice which took into account the needs of the population, including in the context of insecurity and inter-communal conflicts, needed to be adopted. 

DISMAS KITENGE SENGA, President and Co-founder of the Lotus Group, said the efforts of the Government of the Democratic Republic of the Congo to encourage and support human rights should be applauded.  The gross violations of international humanitarian law and the shrinkage of democratic space should be regretted and condemned.  The situation required a varied approach for thorough and lasting effectiveness.  Despite progress on the military level, there were struggles to stop the massacre of civilians and protect them from violations of international humanitarian law.  The efforts to combat impunity and corruption were welcome, and should be properly defined and considered as a structured and long-term policy to meet all international standards.  Although there were some positive prosecutions, the society believed that light had not been shed, nor responsibilities at the highest levels addressed.  The justice system still faced difficulties with regard to finances and independence.

Mr. Senga said that in a society marked by ongoing armed conflict, the transitional justice mechanism should be led by the victims and civil society organizations in a participatory approach, without minimising the reparations for victims.  There should be a national policy based on the needs of the truth process and applied by victims and civil society organizations.  It was urgent to complete the legislative process to protect human rights defenders and journalists.  National human rights institutions needed to demonstrate their independence and openness to fully play their role in the context of political tensions.  There was an urgent need to update laws on such topics as the freedom of expression.  Human rights were at the heart of peace and consolidation of international law, and it was vital that the international community consolidate the role of the Joint Human Rights Office so that it could oversee the situation across the country.

Discussion

In the discussion, some speakers said impunity for violations of human rights and international humanitarian law, the re-emergence of M23, and the Nairobi Process had all shown that it was essential to take due account of the transboundary nature of conflicts and transitional justice.  Hate speech calling for violence and discrimination against local populations must be fought by the Congolese authorities as resolutely as possible.  Some speakers said that over the past year, there appeared to be an improvement of the situation.  Other speakers said the increase in ethnic tensions, attacks on civilians and other human rights violations were of serious concern.  The security situation and the challenges to good governance were serious impediments to judicial systems.  Accountability must be ensured, taking all evidence into consideration to shed full light on the heinous crimes that had occurred.

 

Link: https://www.ungeneva.org/en/news-media/meeting-summary/2022/10/afternoon-human-rights-council-discusses-situation-human-rights

 

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