Technical Assistance to the Democratic Republic of the Congo and Accountability Concerning the Events in the Kasai Regions

A/HRC/RES/35/33No PDF available

Who created this mandate?

A Resolution of the General Assembly, under agenda item 10Technical assistance and capacity-building, published in 2017.

What subjects does this mandate have?

10 topics

Accountability Conferences Democratic Republic of the Congo Ethnic Conflict Experts Government Investigations Human Rights Violations Internal Security Report Preparation Technical Cooperation

What does this mandate say?

14 operative paragraphs

Condemns in the strongest terms all the violence, incitement to hatred and ethnic violence, human rights violations and abuses as well as violations of international humanitarian law witnessed in the Democratic Republic of the Congo, in particular those carried out in the Kasai regions since August 2016, including those involving ethnically motivated violence, violence and abuses against women and children, unlawful recruitment and use of child soldiers, assassinations, extrajudicial killings, enforced disappearances, rapes and other forms of sexual and gender-based violence, cases of mistreatment or torture and other cruel, inhuman or degrading treatment or punishment;

Urges the Government and all the relevant institutions of the Democratic Republic of the Congo to take all the necessary measures to prevent all violations of international humanitarian law and all the human rights violations and abuses in the Democratic Republic of the Congo, in particular when they constitute war crimes or crimes against humanity, and to hold accountable all those responsible, regardless of their political affiliation;

Emphasizes the individual responsibility of all stakeholders to act in strict compliance with the rule of law and human rights;

Urges the Government of the Democratic Republic of the Congo to respect, protect and guarantee all human rights and fundamental freedoms for all, in accordance with the State’s international obligations, and to respect the rule of law;

Recalls that the Government of the Democratic Republic of the Congo bears the primary responsibility to protect all civilians within its territory, and urges it to exercise maximum restraint and proportionate lawful use of force in its efforts to restore order, in accordance with international law;

Commends the role played by regional and international organizations as well as neighbouring countries in providing protection and assistance to all people affected by the crisis in the Kasai regions;

Calls upon the Government of the Democratic Republic of the Congo to continue its cooperation with the Office of the United Nations High Commissioner for Human Rights, the United Nations Joint Office for Human Rights in the Democratic Republic of the Congo, the Human Rights Council and its special procedures, and underlines the necessity for the United Nations Joint Office for Human Rights to have unfettered and timely access to the whole territory, in particular to the Kasai regions, to operate without hindrance and to have access to all relevant persons and documents;

Welcomes the commitment of the Government of the Democratic Republic of the Congo to continue its efforts through joint investigations on human rights violations and abuses and violations of international humanitarian law perpetrated in the Kasai regions with the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo and the United Nations Joint Office for Human Rights, in association with the African Union, as announced by the Minister for Human Rights during the interactive dialogue on the Democratic Republic of the Congo of 22 March 2017;

Takes note of the initial results of the national investigation into the allegations of human rights violations and abuses committed in the Kasai regions;

Requests the United Nations High Commissioner for Human Rights to dispatch a team of international experts, including experts from the region, to collect and preserve information, to determine the facts and circumstances in accordance with international standards and practice, and while ensuring the protection of all persons who will cooperate with the team, in cooperation with the Government of the Democratic Republic of the Congo, including by facilitating visits and access to the country, sites and persons, concerning alleged human rights violations and abuses, and violations of international humanitarian law in the Kasai regions, and to forward to the judicial authorities of the Democratic Republic of the Congo the conclusions of this investigation in order to establish the truth and to ensure that the perpetrators of deplorable crimes are all accountable to the judicial authorities of the Democratic Republic of the Congo;

Also requests the High Commissioner to present an oral update, and to invite the team to participate in an enhanced interactive dialogue at its thirty-seventh session, and requests the High Commissioner to present a comprehensive report with the team’s findings, and to invite the team to participate in an interactive dialogue at its thirty-eighth session;

Requests the Office of the High Commissioner to provide the necessary technical assistance to the Government of the Democratic Republic of the Congo regarding its investigations into the allegations of human rights violations and abuses committed in the Kasai regions;

Requests that the Office of the High Commissioner receive all necessary and appropriate resources for the conduct of this mandate;

Decides to remain seized of the situation.

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