Source: United Nations – Geneva
Human Rights Council Opens Special Session on the Situation of Human Rights in the Democratic Republic of the Congo
The Human Rights Council this morning opened its thirty-seventh special session on the situation of human rights in the Democratic Republic of the Congo.
Volker Türk, United Nations High Commissioner for Human Rights, said since the beginning of the year, the M23 armed group, supported by the Rwanda Defence Forces, had intensified its offensive in the provinces of North and South Kivu. If nothing was done, the worst may be yet to come for the people of the eastern Democratic Republic of the Congo, but also beyond the country’s borders. Once again, civilians were trapped in a spiral of violence in this crushing conflict. Since 26 January, nearly 3,000 people had lost their lives and 2,880 had been wounded. Sexual violence had been an appalling feature of this conflict for a long time and was likely to worsen in the current circumstances. The fighting had exacerbated a chronic humanitarian crisis, which was the upshot of persistent human rights violations.
Mr. Türk 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. 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
Surya Deva, Chair of the Coordination Committee of the Special Procedures, said the intensification of hostilities, particularly in North Kivu, following the renewed offensive by the Rwandan-backed M23 armed group, had led to widespread violence, forced displacement and serious violations of international human rights and humanitarian law. The scale and severity of the violence had reached unprecedented levels. The humanitarian consequences were devastating. Mr. Deva called for all parties to the conflict to adhere to their obligations under international humanitarian and human rights law; for the immediate cessation of attacks against civilians; for the protection of civilian infrastructure; and for unimpeded access for humanitarian actors to deliver assistance to those in need.
Bintou Keita, Special Representative of the Secretary-General in the Democratic Republic of the Congo and Chief of the United Nations Organization Stabilisation Mission in the Democratic Republic of the Congo (MONUSCO), said this conflict had continued for 30 years, and the population continued to live in fear. The attacks and pillaging against the United Nations and the Blue Helmets were condemned. It was urgent to restore peace and allow for a lasting rebuilding of the region. The Democratic Republic of the Congo and Rwanda must pursue diplomatic negotiations, particularly in the context of the Luanda process. Unless compelling measures were taken to cease the escalation of violence, there would be grave consequences. Ms. Keita hoped the session would pave the way to an end to the conflict and inclusive and sustainable development.
Patrick Muyaya Katembwe, Minister of Communication and Media of the Democratic Republic of the Congo, speaking as a country concerned, expressed deep gratitude to the Human Rights Council for holding the Special Session, a response to the urgent situation and massive human rights violations and attacks on civilians in North and South Kivu. Acts of unacceptable brutality compounded by unspeakable brutalities, like attacks against civilians, forced displacement, murders, rape, forced conscription of children and others were the responsibility of Rwanda as it supported its proxies. Peacekeeping forces, as well as humanitarian facilities, had been targeted, undermining their ability to protect civilians. The Democratic Republic of the Congo called for the establishment of an international commission of inquiry to investigate the human rights violations in the country, establish the truth as to who was responsible, and issue recommendations for holding them to account.
James Ngango, Permanent Representative of Rwanda to the United Nations Office at Geneva, speaking as a country concerned, said the current session was called for at a time when the situation was evolving rapidly. A chance should be given to regional initiatives to bear fruit before taking up the situation in the United Nations. The Democratic Republic of the Congo had unilaterally decided to expel the East African Community Force, a peacekeeping force, replacing it with the Southern African Development Community Mission with an offensive mandate. The current situation was due to imposing a military solution to a political problem. Rwanda opposed the attempts of the Democratic Republic of the Congo at portraying Rwanda as being responsible for the instability in that country, as this was a well-known deflection tactic used to escape being accountable for the atrocities Kinshasa and its allied armed forces were perpetrating against its own citizens. Rwanda would respond appropriately to the actions of the Democratic Republic of the Congo.
Speaking in the discussion, some speakers said they were deeply concerned about the escalating violence in the eastern Democratic Republic of the Congo and urged the M23 to stop its advance and withdraw immediately. Alarm was expressed about reports of widespread violations and abuses of human rights and international humanitarian law by multiple actors, including sexual and gender-based violence, the recruitment and use of child soldiers, and extrajudicial executions. Innocent civilians, including women and children, were enduring extreme suffering due to widespread violence, displacement, and deprivation of essential services such as food, water, and healthcare. Many speakers spoke in support of the establishment of an independent fact-finding mission to investigate serious human rights violations and breaches of international humanitarian law.
Speaking in the discussion were Sweden on behalf of the Nordic-Baltic countries, European Union, Morocco, Kenya, France, North Macedonia, Spain, Ghana, Germany, Switzerland, Albania, Cyprus, Belgium, Costa Rica, Burundi, Japan, Brazil, Republic of Korea, China, Ethiopia, Mexico, Netherlands, South Africa, Algeria, Gambia, Kyrgyzstan, Bulgaria, Malawi, Bolivia, Colombia, Liechtenstein, Luxembourg, Ireland, Russian Federation, Republic of Moldova, United Kingdom, Egypt, Sierra Leone, Italy, Holy See, Austria, Ukraine, Cameroon, Uruguay, Uganda, Canada, Australia, Paraguay, Türkiye, Guatemala, Zambia, Pakistan, India, Mauritania, Angola, Malta, Peru, Zimbabwe, Timor-Leste, Slovenia, Tanzania, and South Sudan.
Also speaking were Human Rights Watch, International Federation for Human Rights Leagues, World Organization against Torture, Rencontre Africaine pour la defense des droits de l’homme, Interfaith International, Centre du Commerce International pour le Développement, Amnesty International, International Bar Association, International Federation of ACAT (Action by Christians for the Abolition of Torture), International Catholic Child Bureau, International Human Rights Council, and TRIAL International.
The session was called for by the Democratic Republic of the Congo and was supported by 27 Member States of the Council and 21 Observer States.
The next meeting of the special session of the Human Rights Council will be at 3 p.m. on Friday, 7 February, when it will conclude the session after adopting a resolution on the situation of human rights in the east of the Democratic Republic of the Congo.
Keynote Statements
VOLKER TÜRK, United Nations High Commissioner for Human Rights, said his Office had long been sounding the alarm about this crisis, and he was deeply disturbed to see the violence escalate once again. Since the beginning of the year, the M23 armed group, supported by the Rwanda Defence Forces, had intensified its offensive in the provinces of North and South Kivu. If nothing was done, the worst may be yet to come, for the people of the eastern Democratic Republic of the Congo, but also beyond the country’s borders. There had been attacks by the M23 and their allies, with heavy weapons used in populated areas, and intense fighting against the armed forces of the Democratic Republic of the Congo and their allies. This raised serious concern in terms of respect for human rights and international humanitarian law.
Once again, civilians were trapped in a spiral of violence in this crushing conflict. Since 26 January, nearly 3,000 people had lost their lives and 2,880 had been wounded. Sexual violence had been an appalling feature of this conflict for a long time and was likely to worsen in the current circumstances. According to judicial authorities, during the prison break from Muzenze Prison in Goma on 27 January, at least 165 female prisoners were raped. Most of them were subsequently killed in a fire, the circumstances of which remain unclear. The High Commissioner said his team was also currently verifying multiple allegations of rape, gang rape and sexual slavery throughout the conflict zones. Hundreds of human rights defenders, journalists and members of civil society had reported that they had been threatened or were being pursued by the M23 and Rwandan forces.
Mr. Türk was also very concerned about the proliferation of weapons and the high risk of forced recruitment and conscription of children. The fighting had exacerbated a chronic humanitarian crisis, which was the upshot of persistent human rights violations. More than 500,000 people had been displaced since the beginning of January, in addition to the more than 6.4 million already displaced. The risk of violence escalating throughout the sub-region had never been higher. All those with influence over the parties involved, be they States or non-state actors, must step up their efforts to avert a conflagration and to support peace processes.
Mr. Türk 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. 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 military path was not the answer to the roots of this conflict. States must ensure that any support, financial or otherwise, did not fuel serious human rights violations. All those with influence must act urgently to put an end to this tragic situation.
SURYA DEVA, Chair of the Coordination Committee of the Special Procedures, said the intensification of hostilities, particularly in North Kivu, following the renewed offensive by the Rwandan-backed M23 armed group, had led to widespread violence, forced displacement, and serious violations of international human rights and humanitarian law. The scale and severity of the violence had reached unprecedented levels. The humanitarian consequences were devastating, as those displaced often found themselves with no access to shelter, water, sanitation, food, medical care or education. Women and children were particularly at risk, facing heightened exposure to gender-based violence and trafficking for purposes of sexual slavery. There was also concern for the devastating impact on children, who were at serious risk of all six grave violations against children in armed conflict.
Mr. Deva called for all parties to the conflict to adhere to their obligations under international humanitarian and human rights law; for the immediate cessation of attacks against civilians; for the protection of civilian infrastructure; and for unimpeded access for humanitarian actors to deliver assistance to those in need. All parties involved in the conflict should refrain from supporting or using mercenary-related actors, as they would prolong the conflict.
The international community had a moral and legal obligation to act decisively. Member States should increase humanitarian funding to ensure the continued provision of essential services and assistance to displaced populations. Coordinated diplomatic efforts must be intensified to support peace negotiations and to hold accountable those responsible for violations of international human rights and humanitarian law.
The international community should step up efforts to support humanitarian operations, ensuring that adequate resources were allocated to assist displaced populations and those affected by violence. Women should be fully included in conflict resolution and peacebuilding efforts. There must be independent investigations into all reported human rights violations, including attacks on civilians, sexual and gender-based violence, and other abuses perpetrated during the conflict.
BINTOU KEITA, Special Representative of the Secretary-General in the Democratic Republic of the Congo and Chief of the United Nations Organization Stabilisation Mission in the Democratic Republic of the Congo (MONUSCO), said this conflict had continued for 30 years, and the population continued to live in fear. The attacks and pillaging against the United Nations and the Blue Helmets were condemned. Since the beginning of the year, an unprecedented advance of the M23 and the Rwandan forces had been seen, preceded by violent clashes between the two sides, injuring thousands, and with alarming mid- and long-term consequences. The risks of gender-based violence and violence against children were of great concern. Violations and abuse of human rights had increased, and the humanitarian situation declined. Agricultural and mining activities were paralysed.
Fighting impunity against the serious crimes committed could be impeded due to the damage done to the judicial forces in Goma. It was urgent to restore peace and allow for a lasting rebuilding of the region. The Democratic Republic of the Congo and Rwanda must pursue diplomatic negotiations, particularly in the context of the Luanda process. Unless compelling measures were taken to cease the escalation of violence, there would be grave consequences.
The clashes in densely settled areas, including Goma, had had devastating consequences on the human population, with an increase in crime and violence. Civil society actors and human rights defenders were a major population at risk. The suspension of social networks was an infringement of the right to information. In a region with a sensitive history, ethnically motivated attacks remained a serious concern. The humanitarian situation in Goma was catastrophic. The international community must advocate for humanitarian access to Goma immediately. Ms. Keita hoped the session would pave the way to an end to the conflict and inclusive and sustainable development.
Statements by Countries Concerned
PATRICK MUYAYA KATEMBWE, Minister of Communication and Media of the Democratic Republic of the Congo, speaking as a country concerned, expressed deep gratitude to the Human Rights Council for holding the special session, a response to the urgent situation and massive human rights violations and attacks on civilians in North and South Kivu, the result of attacks and offenses by the Rwandan Defence Forces and their M23 and AFC proxies. Indiscriminate attacks had deliberately targeted the vulnerable, a flagrant violation of international obligations. Areas of shelter had been turned into military targets, imperilling the lives of thousands of innocent people.
Acts of unacceptable brutality compounded by unspeakable brutalities, like attacks against civilians, forced displacement, murders, rape, forced conscription of children and others were the responsibility of Rwanda as it supported its proxies. Peacekeeping forces, as well as humanitarian facilities, had been targeted, undermining their ability to protect civilians. The Democratic Republic of the Congo called for the establishment of an international commission of inquiry to investigate the human rights violations in the country, establish the truth as to who was responsible, and issue recommendations for holding them to account.
It was vital to strengthen early-warning mechanisms and prevent further escalations of violence. There must be immediate and unfettered humanitarian access to evacuate the injured and reduce the risk of the spread of epidemics. The Council must hold Rwanda accountable for its war crimes and crimes against humanity. It was vital that international pressure be applied to Rwanda so that it ceased to support the armed groups and withdrew from Congolese territory.
The Democratic Republic of the Congo remained ready to work with all regional and international actors to put a stop to this crisis and an end to the suffering in the east of the country, calling on Rwanda to act responsibly and take immediate measures to cease supporting armed groups.
JAMES NGANGO, Permanent Representative of Rwanda to the United Nations Office at Geneva, speaking as a country concerned, said the current session was called for at a time when the situation was evolving rapidly. A chance should be given to regional initiatives to bear fruit before taking up the situation in the United Nations. The Democratic Republic of the Congo had unilaterally decided to expel the East African Community Force, a peacekeeping force, replacing it with the Southern African Development Community Mission with an offensive mandate. The current situation was due to imposing a military solution to a political problem. This was due to the preservation of the Democratic Forces for the Liberation of Rwanda that had perpetrated genocide in Rwanda and then fled to the Democratic Republic of the Congo, where they continued to spread their genocidal ideology, and also to the marginalisation of the Kinyarwanda-speaking Congolese communities, particularly Tutsi, by the Democratic Republic of the Congo.
There had been no condemnation of the Democratic Republic of the Congo leadership. There was no special session of the Human Rights Council when a Special Rapporteur had warned about war crimes and crimes against humanity in the Democratic Republic of the Congo previously. Rwanda opposed the attempts of the Democratic Republic of the Congo at portraying Rwanda as being responsible for the instability in that country, as this was a well-known deflection tactic used to escape being accountable for the atrocities Kinshasa and its allied armed forces were perpetrating against its own citizens. Rwanda would respond appropriately to the actions of the Democratic Republic of the Congo.
Discussion
Some speakers said they were deeply concerned about the escalating violence in eastern Democratic Republic of the Congo and urged the M23 to stop its advance and withdraw immediately. Rwanda must cease its support for the M23 and withdraw its armed forces. Rwanda’s military presence in the Democratic Republic of the Congo was strongly condemned as a clear violation of international law, the United Nations Charter, and the territorial integrity of the Democratic Republic of the Congo.
Alarm was expressed about reports of wide-spread violations and abuses of human rights and international humanitarian law by multiple actors, including sexual and gender-based violence, the recruitment and use of child soldiers, and extrajudicial executions. Innocent civilians, including women and children, were enduring extreme suffering due to widespread violence, displacement, and deprivation of essential services such as food, water, and healthcare. Reports of explosive weapons used in populated areas and attacks on internally displaced person sites were particularly alarming.
Some speakers said all sides must prioritise the protection of civilians, ensure safe and unhindered humanitarian access, and fully respect their obligations under international law, including human rights law and international humanitarian law. For decades, the area had witnessed instability and conflict, for a range of causes. Reports of grave human rights violations, including summary executions, demanded immediate attention. The attacks on peacekeepers constituted violations of international law. The Rwandan Government must respect the territorial integrity of the Democratic Republic of the Congo, which latter must cease cooperation with the Democratic Forces for the Liberation of Rwanda.
All parties must reopen negotiations, respect international law, and honour their commitments made under the Nairobi and Luanda process, committing fully to the peace process. All allegations of human rights violations and abuses must be investigated, and perpetrators held accountable for their crimes. An independent fact-finding mission must be established to investigate all accounts. Acts of violence targeting civilians and civilian infrastructure were condemned, and must come to an end.
The role of the Blue Helmets was essential, speakers said, and they must be protected, with several speakers expressing condolences to the families of those Blue Helmets who paid the ultimate price in defence of the fundamental rights of the Congolese people. The United Nations Organization Stabilisation Mission in the Democratic Republic of the Congo (MONUSCO) must ensure the protection of civilians, and a speaker called for its mandate to be supported and renewed further. The international community must strengthen its support for peacekeeping operations and humanitarian assistance. A sustainable solution demanded coordinated efforts, including dialogue, reconciliation, and development initiatives that fostered stability and social cohesion.
A number of speakers said this was a critical juncture in the region, with a potential for over-spill in the region as a whole. Dialogue and cooperation must be encouraged and supported, including through the Luanda and Nairobi processes. The deliberations in the Council must not undermine these, and instead support a return to peace, with the discussions aimed at building consensus and agreement. Political fragmentation must be addressed in Rwanda, with an end put to public negative ethnic discourse, and the international community must work together to build a just and peaceful world. The Council must address the challenges under its mandate. Members of the Council must work to ensure that there was no further deterioration of the situation.
The M23 must immediately withdraw from the territories under its control, a speaker said, and there must be a return to the negotiating table: all efforts must be made to put an end to the humanitarian disaster. All those involved in the conflict must put an end to human rights violations and protect the rights and lives of civilians. The population was exhausted from the decades of suffering. Rwanda must withdraw its support for the M23, which must immediately cease its attacks and withdraw.
Some speakers said the sovereignty and territoriality of the Democratic Republic of the Congo must be protected and supported, and many speakers supported this, urging all sides to respect it and for the international community to support it. All armed groups must lay down their weapons and withdraw from the sovereign territory of the Democratic Republic of the Congo, and respect the United Nations Charter, engage in dialogue, and work towards re-establishing peace and stability in the country. There was a risk of this igniting the Great Lakes region, a speaker said, supporting the peaceful coexistence of nations.
Many speakers spoke in support of the establishment of an independent fact-finding mission to investigate serious human rights violations and breaches of international humanitarian law committed in North and South Kivu, in the eastern Democratic Republic of the Congo, as stipulated in the proposed resolution. The humanitarian community must rally support to protect the most vulnerable segments of the population, in particular women and children. The fact-finding mission must be fully funded and staffed appropriately, a speaker urged. Given the sheer scale of human suffering, the Council could not afford to turn a blind eye to the earnest appeal of the country concerned to ensure that the perpetrators of these heinous crimes were held accountable.
Profound alarm was expressed with regard to the increasing risk of violence against women and girls and the recruitment of children into the conflict. It was imperative that those responsible for human rights violations and atrocities were brought to justice. There was no military solution to the crisis, and only a political, negotiated solution could bring an end to the situation. Those who put their economic interests above human dignity must cease to do so. Peace and security must be brought to the region.
At this critical juncture, all parties must exercise restraint, de-escalate tensions, and prioritise dialogue to prevent further loss of life, uphold international humanitarian law and human rights, ensure the protection of civilians, and safeguard fundamental freedoms. It was vital to ensure immediate and unimpeded access to humanitarian aid for the civilian population.
It was crucial that the Human Rights Council provided necessary support for thorough investigations into grave human rights violations and abuses, with a view to bringing the perpetrators to justice and ensuring comprehensive accountability. A sustained and inclusive dialogue was crucial to achieving a long-term and peaceful resolution to the crisis. Diplomatic negotiations were, a speaker said, the only way to resolve the situation. All parties must respect international humanitarian law, and must support the mediation efforts made both internationally and regionally. A political solution must be found that respected the independence and territoriality of the Democratic Republic of the Congo.
The need for the Council to make efforts to alleviate the sufferings of victims of human rights violations and abuses was crucial, and all parties involved must respect their obligations under international humanitarian law and international human rights law. There must be an immediate end to hostilities and a permanent solution found through peaceful means and inclusive dialogue among all parties concerned, and speakers pointed out the need for “African solutions to African problems”, supporting the Luanda and Nairobi processes. African regional solutions were fully supported by several speakers, who spoke of the efforts of the Southern African Development Community Mission.
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