DR Congo

Mission report of the Special Rapporteur on the situation of human rights in DR Congo: Note by the Secretary-General (E/CN.4/2003/44)

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E/CN.4/2003/44
COMMISSION ON HUMAN RIGHTS
Fifty-ninth session
Item 9 of the provisional agenda

QUESTION OF THE VIOLATION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS IN ANY PART OF THE WORLD

Mission report of the Special Rapporteur on the situation of human rights in the Democratic Republic of the Congo, the Special Rapporteur on extrajudicial, summary or arbitrary executions and a member of the Working Group on Enforced or Involuntary Disappearances

Note by the Secretary-General

1. In its resolution 2002/14, adopted without a vote on 19 April 2002 and approved by Economic and Social Council decision 2002/248 of 25 July 2002, the Commission on Human Rights recalled its decision to request the Special Rapporteurs on the situation of human rights in the Democratic Republic of the Congo and on extrajudicial, summary or arbitrary executions and a member of the Working Group on Enforced or Involuntary Disappearances to carry out a joint mission to the Democratic Republic of the Congo, while regretting that the security situation had not yet allowed such a mission.

2. In the same resolution, the Commission on Human Rights decided to request the Special Rapporteur on the situation of human rights in the Democratic Republic of the Congo and the Special Rapporteur on extrajudicial, summary or arbitrary executions and a member of the Working Group on Enforced or Involuntary Disappearances to carry out, as soon as security considerations permitted and, where appropriate, in cooperation with the National Commission of Inquiry to investigate alleged human rights violations and breaches of international humanitarian law in the Democratic Republic of the Congo (formerly Zaire) between 1996 and 1997, a joint mission to investigate all massacres carried out on the territory of the Democratic Republic of the Congo, including those in the province of South Kivu and other atrocities referred to by the former Special Rapporteur in his last report on the situation of human rights in the Democratic Republic of the Congo and in his previous reports, with a view to bringing to justice those responsible, and to report to the General Assembly at its fifty-seventh session and to the Commission at its fifty-ninth session.

3. The Commission on Human Rights also decided to request the Secretary-General to give all necessary assistance to the Special Rapporteur on the situation of human rights in the Democratic Republic of the Congo and to the joint mission, to enable them to discharge their mandates fully, and to request the United Nations High Commissioner for Human Rights to provide appropriate technical expertise to enable the joint mission to fulfil its mandate.

4. The Special Rapporteur on the situation of human rights in the Democratic Republic of the Congo, Iulia Motoc, has initiated a process of consultations with the other members of the joint mission to ascertain their availability.

5. The Special Rapporteur on the situation of human rights in the Democratic Republic of the Congo will go to Kinshasa in February 2003. She intends to make contact with the rebel groups in order to obtain their support for the mission and ensure conditions of safety on the ground.

6. Owing to the non-availability of financial resources and growing insecurity in some areas considered to be dangerous and inaccessible, particularly in the east of the country, the joint mission has not been able to proceed.

7. All relevant information will be found in the next report of the Special Rapporteur to the Commission on Human Rights at its fifty-ninth session.