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Human rights situation and the activities of the UN Joint Human Rights Office in the DR Congo: Report of the United Nations High Commissioner for Human Rights (A/HRC/51/61) (Advance Edited Version)

Countries
DR Congo
Sources
UN HRC
Publication date
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Human Rights Council
Fifty-first session
13 September–7 October 2022
Agenda items 2 and 10
Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General
Technical assistance and capacity-building

Human rights situation and the activities of the United Nations Joint Human Rights Office in the Democratic Republic of the Congo Report of the United Nations High Commissioner for Human Rights

Summary

The present report, submitted pursuant to Human Rights Council Resolution 48/20, provides an overview of the human rights situation in the Democratic Republic of the Congo between 1 June 2021 and 31 May 2022. The overview is based on information gathered and cases of violations and abuses documented by the United Nations Joint Human Rights Office in the Democratic Republic of the Congo and the activities conducted by the Office of the United Nations High Commissioner for Human Rights through the Joint Office. The report highlights key human rights developments, assesses the progress made in implementing the recommendations put forward by the High Commissioner in previous reports and by various United Nations human rights mechanisms and sets out recommendations for the Government.

I. Introduction

1. The human rights situation in the Democratic Republic of the Congo between 1 June 2021 and 31 May 2022 remains a concern, even though the number of human rights violations and abuses and violations of international humanitarian law documented by the United Nations Joint Human Rights Office has decreased. Further efforts are needed to provide better protection for civilians, especially in conflict-affected provinces, owing to the increased attacks carried out by armed groups, especially the Coopérative pour le développement du Congo, the Allied Democratic Forces (ADF), the Nyatura and various Mai-Mai factions.
Additional efforts need to be deployed to prevent further shrinking of civic space, which should be monitored closely in view of the elections in 2023. The election process has been facing delays, including with respect to electoral reforms. It has also been affected by tensions related to the appointment of members of the Independent National Electoral Commission and the resurgence of hate speech and incitement to discrimination, hostility or violence, creating risks of widespread ethnic and political tensions and violence.

2. The Joint Office continues to support the efforts of the Government of the Democratic Republic of the Congo to fulfil its international human rights obligations, particularly, in the areas of women, youth and the participation of indigenous groups in the public space, transitional justice processes, combating impunity and countering hate speech, including through enhanced engagement with the United Nations human rights mechanisms.

II. Main human rights developments

3. During the reporting period, the Joint Office documented at least 6,782 human rights violations and abuses, as well as violations of international humanitarian law, which reflects a decrease of 5 per cent compared to the preceding reporting period. At least 44 per cent of these violations and abuses were allegedly committed by State officials, primarily by members of the Forces Armées de la République démocratique du Congo (FARDC), and the Congolese National Police.

4. Although the overall number of human rights violations in the context of civic space has diminished compared to the previous reporting period, the Joint Office has observed an upward trend during the last quarter. That is due to an increased involvement of the Congolese National Police and the National Intelligence Agency in tracking journalists, human rights defenders and political opponents against a backdrop of political tensions in the provinces, a troubled electoral process and the imposition of the état de siège (state of siege), which has been used as a pretext to restrict freedoms.1

5. In the conflict-affected provinces, the situation has not significantly improved and civilians continue to be attacked by armed groups, with the number of victims of summary and extrajudicial executions increasing by 6 per cent. Facilitated by Kenya, the ongoing Nairobi consultations process between the Government and armed groups, is an encouraging step as it aims primarily to identify the necessary accompanying measures for voluntary disarmament. However, while this has allowed for a temporary lull in some areas, attacks by the Coopérative pour le développement du Congo, ADF and, most recently, the 23 March Movement (M23) have continued.

6. Measures taken in the implementation of the état de siège, which became effective on 6 May 2021 in North Kivu and Ituri provinces and has been extended 23 times seem to have neither dissuaded armed groups from attacking civilians, especially in sites of internally displaced persons, nor reduced the number of documented violations and abuses. During 12 months of the état de siège, 2,413 individuals (1,778 men, 471 women and 164 children) have been killed by members of armed groups, while 1,581 people (1,076 men, 365 women and 140 children) were killed during the same period prior to the imposition of the measure.
With the transfer of criminal cases from civilian courts to military jurisdiction by virtue of the ordinance of 6 May 2021 imposing the état de siège, the administration of justice has been negatively affected, with an increase in cases of prolonged pretrial detention, whereas the exercise of fundamental freedoms has significantly reduced under the restrictions imposed. However, on 18 March 2022, following a presidential ordinance renewing the état de siège, criminal jurisdiction was transferred back to civilian courts for certain offences, reducing the number of cases before military courts in the two provinces.

7. A joint military operation between FARDC and the Uganda People’s Defence Force against ADF has been under way since November 2021. Although there is little information currently available on their human toll, there is a substantial risk that civilians would be further harmed during these operations. In Katibombo and Buisegha, Beni territory, North Kivu province, Ugandan soldiers occupied two schools from 3 to 7 December 2021, where they stored ammunition, resulting in the suspension of classes.

8. During the reporting period, the Joint Office has continued to document cases of hate speech and incitement to hostility. It documented 13 cases of hate speech, using the six criteria established by the Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence. Based on the United Nations strategy and action plan to counter hate speech, the Joint Office continues to support government efforts at the national and local levels to prevent and address hate speech and its potential impact on the ground.