RES/19/27 The human rights situation in the Democratic Republic of the Congo and the strengthening of technical cooperation and advisory services

GE.12-13412 (E) 090512 140512

Human Rights Council Nineteenth session Agenda item 10 Technical assistance and capacity-building

Resolution adopted by the Human Rights Council∗

19/27 The human rights situation in the Democratic Republic of the Congo and the strengthening of technical cooperation and advisory services

The Human Rights Council,

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

Recalling also Council resolutions 5/1 of 18 June 2007, 7/20 of 27 March 2008 and S-8/1 of 1 December 2008,

Recalling further Council resolutions 10/33 of 27 March 2009 and 13/22 of 26 March 2010, as well as Council resolution 16/35 of 25 March 2011, in which the Council called upon the international community to support the national efforts of the Democratic Republic of the Congo and its institutions with a view to improving the human rights situation, and to respond to its requests for technical assistance,

Reaffirming that all States have an obligation to promote and protect the human rights and fundamental freedoms set forth in the Charter of the United Nations and the Universal Declaration of Human Rights, as well as obligations under the international covenants on human rights and other relevant instruments to which they are parties,

Expressing concern at the human rights situation in the Democratic Republic of the Congo, mainly in the eastern part of the country, resulting from violence, including sexual violence, against civilians, especially women and children, and taking note of the progress made by the authorities of the Democratic Republic of the Congo in the ongoing prosecution of the perpetrators of these acts and in the provision of reparations to victims,

Encouraging the efforts of the Government of the Democratic Republic of the Congo to put an end to impunity for crimes under international law by strengthening its justice system,

∗ The resolutions and decisions adopted by the Human Rights Council will be contained in the report of the Council on its nineteenth session (A/HRC/19/2), chap. I.

United Nations A/HRC/RES/19/27

General Assembly Distr.: General 3 May 2012 English Original: French

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Noting with concern the cases of threats and violence reported during the presidential and legislative elections, including against members of civil society and human rights defenders,

Acknowledging the joint role played by the Office of the United Nations High Commissioner for Human Rights in the Democratic Republic of the Congo and the human rights section of the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo in improving the human rights situation in the country,

Noting the existence of a national programme for the promotion and protection of human rights in the Democratic Republic of the Congo and the resolve of the Government to implement it,

Taking note of the decision of the National Independent Electoral Commission to continue organizing elections at the provincial and local levels, and calling upon the Government of the Democratic Republic of the Congo to hold free and fair elections with all due respect for the right of all parties to freedom of expression, assembly and opinion,

Considering that the Joint Committee on Justice serves as a framework for exchanges and coordination among partners in the field of justice in the Democratic Republic of the Congo,

Taking note of the report on the situation of human rights in the Democratic Republic of the Congo presented by the Government, which addresses in particular the judicial monitoring of the electoral process, the creation of endogenous mechanisms for monitoring the human rights situation and the implementation of the action plan on follow- up to recommendations relating to human rights,

Taking note also of the report of the High Commissioner on the human rights situation in the Democratic Republic of the Congo and the activities of her Office in the country,

1. Takes note of the commitment of the Government of the Democratic Republic of the Congo to cooperate with the Office of the United Nations High Commissioner for Human Rights in the Democratic Republic of the Congo and with the special procedures of the Human Rights Council;

2. Welcomes the adoption of the national action plan on follow-up to recommendations relating to the promotion and protection of human rights, and encourages the Government of the Democratic Republic of the Congo to set targets with precise deadlines for the implementation of the national action plan and the provision of technical assistance;

3. Takes note of the visit made to the Democratic Republic of the Congo from 25 July to 5 August 2011, at the invitation of the Government, by the independent expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights; 4. Encourages the Government of the Democratic Republic of the Congo to ensure that the human rights liaison entity is able to act as a framework for consultation and coordination in the field of human rights in the country, and welcomes the extension of this body’s activities to the provinces so as to ensure close monitoring of the human rights situation;

5. Commends the role played by the international community, in particular the European Union, the African Union, the Southern African Development Community, the Economic Community of the Great Lakes Countries and the Economic Community of Central African States, as well as the International Conference on the Great Lakes Region,

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in supporting the efforts of the Democratic Republic of the Congo to strengthen the rule of law and improve the human rights situation in the country;

6. Urges the Government of the Democratic Republic of the Congo to redouble its efforts, with the support of the international community, to quickly put an end to impunity and all violations of human rights and to bring the perpetrators to justice; 7. Welcomes the efforts of the Government of the Democratic Republic of the Congo to put an end to all human rights violations and to assist the victims of such violations, and encourages it to pursue its efforts in this regard;

8. Takes note of the organization of presidential and legislative elections in the Democratic Republic of the Congo on 28 November 2011;

9. Invites the international community to continue to support the Joint Committee on Justice as a framework for exchange and coordination of the various contributions made in the field of justice in the Democratic Republic of the Congo; 10. Also commends the Government of the Democratic Republic of the Congo for adopting and sending to the Senate bills on the protection of human rights defenders and on the establishment of a special court to hear cases involving grave violations of human rights and international humanitarian law, and encourages it to strive for the quick adoption by the new national Parliament of these instruments;

11. Takes note of the initiatives taken by the Government of the Democratic Republic of the Congo to promote the administration of justice and human rights, in particular by assigning the 2,000 newly recruited magistrates to posts throughout the country, by making the juvenile courts operational, by establishing a unit for the protection of human rights defenders and by organizing open-house events with a view to protecting the victims of human rights violations or abuses of power in the justice system; 12. Encourages the Government of the Democratic Republic of the Congo to continue to ratify international and regional human rights instruments and to promote human rights education;

13. Also encourages the Government of the Democratic Republic of the Congo to complete the establishment of a national human rights commission in accordance with the Principles relating to the Status of National Institutions for the Promotion and Protection of Human Rights (the Paris Principles); 14. Further encourages the Government of the Democratic Republic of the Congo to evaluate, together with all the parties concerned, the national action plan on follow-up to recommendations related to human rights and to inform the Council, at its twenty-fourth session, of the results of that evaluation;

15. Invites the Office of the High Commissioner, through its office in the Democratic Republic of the Congo, to increase and enhance the technical assistance programmes and activities requested of it by the Government, and to report thereon to the Council at its twenty-fourth session;

16. Encourages the new Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence to request to visit the Democratic Republic of the Congo and to report thereon to the Council;

17. Calls upon the international community to support the national efforts of the Democratic Republic of the Congo and its institutions with a view to improving the human rights situation in the country, and to respond to its requests for technical assistance;

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18. Decides to continue its consideration of the human rights situation in the Democratic Republic of the Congo at its twenty-fourth session.

55th meeting 23 March 2012

[Adopted without a vote.]