RES/10/33 Situation of human rights in the Democratic Republic of the Congo and the strengthening of technical cooperation and consultative services

Human Rights Council

Tenth Session

Resolution 10/33. Situation of human rights in the Democratic Republic of the Congo and the strengthening of technical cooperation and consultative services

The Human Rights Council,

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

Recalling also Council resolution 5/1 of 18 June 2007,

Recalling further Council resolution 7/20 of 27 March 2008, in which it called on the international community to provide the Democratic Republic of the Congo with the various forms of assistance that the Democratic Republic of the Congo requested, with a view to improving the human rights situation,

Recalling its resolution S-8/1 of 1 December 2008, in which the Council condemned the acts of violence, human rights violations and abuses committed in Kivu, in particular sexual violence and the recruitment of child soldiers by the militia,

Expressing its appreciation for the role played by the international community, in particular by the African Union and the European Union, towards enhancing the rule of law and improving the human rights situation in the Democratic Republic of the Congo,

Considering that the pertinent work undertaken by the Office of the United Nations High Commissioner for Human Rights and the Human Rights Section of the United Nations Organization Mission in the Democratic Republic of the Congo is complementary to that of the thematic special rapporteurs and must be sufficiently reinforced,

Taking into consideration that the presence of the Office of the High Commissioner in the Democratic Republic of the Congo and the Human Rights Section of the United Nations Organization Mission in the Democratic Republic of the Congo have been merged with a view to achieving more efficiency in their work on the human rights situation in the country,

Considering the existence of a national programme for the promotion and protection of human rights in the Democratic Republic of the Congo and the willingness of the Government of the country to implement the same, in particular through the earmarking of greater budget allocations to the Ministry of Human Rights, whose structures will have to be expanded into provinces to enable greater protection of human rights,

Having reviewed the activity of the thematic special rapporteurs in relation to the human rights situation in the Democratic Republic of the Congo,

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1. Welcomes the commitment of the Democratic Republic of the Congo to pursue technical cooperation with the various thematic representatives and special rapporteurs as part of the follow-up to the human rights situation in the Democratic Republic of the Congo;

2. Also welcomes the cooperation of the Democratic Republic of the Congo with the thematic special procedures of the Council and its invitation to a number of them, including the Special Rapporteur on the situation of human rights defenders and the Representative of the Secretary-General on the human rights of internally displaced persons, to make recommendations within their respective mandates on how best to assist technically the Democratic Republic of the Congo in addressing the situation of human rights, with a view to obtaining tangible improvements on the ground, taking into account also the needs formulated by the Government of the Democratic Republic of the Congo;

3. Encourages the Democratic Republic of the Congo to continue ratifying human rights-related international and regional instruments, in particular the Convention on the Rights of Persons with Disabilities and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, and notes with satisfaction the decision by the Government to establish a national agency to combat sexual violence against women and children as part of its policy to fight impunity;

4. Also encourages the Democratic Republic of the Congo to finalize the establishment process of a national commission for human rights, pursuant to the Paris Principles, welcomes the promulgation by the President of the Republic of the law concerning the protection of the child, and invites the Government to fulfil its objective to promote human rights education at school, in academia, the armed forces of the Democratic Republic of the Congo, the national police force and security services;

5. Notes the report of the seven thematic special procedures on technical assistance to the Government of the Democratic Republic of the Congo and urgent examination of the situation in the east of the country (A/HRC/10/59) presented by the Representative of the Secretary-General on the human rights of internally displaced persons, acting on behalf of the other six representatives and special rapporteurs, and invites them to report again on the development of the situation to the Council at its thirteenth session;

6. Calls on the international community to increase the various forms of assistance requested by the Democratic Republic of the Congo with a view to improving the human rights situation;

7. Invites the Government of the Democratic Republic of the Congo to inform and update the Council, at its future sessions, on the human rights situation on the ground, specifying the difficulties it experiences and its relevant needs;

8. Takes note of the report of the United Nations High Commissioner for Human Rights on the situation of human rights in the Democratic Republic of the Congo and the activities carried out in the country by the Office of the High Commissioner (A/HRC/10/58), and invites the Office to report again to the Council, at its thirteenth session, on the development of the situation and those activities;

9. Calls on the international community to support the establishment of a local cooperation mechanism by the Government of the Democratic Republic of the Congo, the

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High Commissioner and the Human Rights Section of the United Nations Organization Mission in the Democratic Republic of the Congo, referred to as the entité de liaison des droits de l’homme;

10. Calls on the Office of the High Commissioner to increase and enhance, through its presence in the Democratic Republic of the Congo, its technical assistance programmes and activities, in consultation with the authorities of the country;

11. Decides to continue monitoring the human rights situation in the Democratic Republic of the Congo at its thirteenth session.

45th meeting 27 March 2009

[Adopted by a recorded vote of 33 to 0, with 14 abstentions. See chapter X. The voting was as follows:

In favour: Angola, Argentina, Azerbaijan, Bahrain, Bangladesh, Bolivia, Brazil, Burkina Faso, Cameroon, Chile, China, Cuba, Djibouti, Egypt, Gabon, Ghana, India, Indonesia, Jordan, Madagascar, Malaysia, Mauritius, Mexico, Nigeria, Pakistan, Philippines, Qatar, Russian Federation, Saudi Arabia, Senegal, South Africa, Uruguay, Zambia;

Abstaining: Bosnia and Herzegovina, Canada, France, Germany, Italy, Japan, Netherlands, Nicaragua, Republic of Korea, Slovakia, Slovenia, Switzerland, Ukraine, United Kingdom of Great Britain and Northern Ireland.]

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