UN Rights Council Urged to Tackle DR Congo Impunity

Human Rights Watch

The United Nations Human Rights Council should create an independent mandate to investigate abuses by all parties to the current conflict at the emergency session on the crisis in eastern Democratic Republic of Congo called for February 7, 2025, Human Rights Watch and other human rights groups said today. More than 77 Congolese, regional, and international human rights organizations issued a joint letter calling for such an international body.

The UN session is set to focus on the armed conflict between the M23 armed group and the Congolese military, which is supported by the Southern African Development Community (SADC) Mission to the Congo and a coalition of abusive militias known as "Wazalendo" ("patriots" in Swahili). Recent fighting has resulted in widespread atrocities against civilians, including unlawful killings, forced labor, sexual violence, and forced displacement.

"The current security and humanitarian crisis is a consequence of the impunity for Congolese and foreign groups responsible for serious crimes in Congo since the 1990s," said Stewart Muhindo, an activist with Lutte Pour le Changement (Fight for Change or LUCHA). "To overcome this cycle of violence and impunity, it is crucial for abuses and violations of human rights currently being committed in Congo to be systematically documented so that the truth is known and those responsible are held accountable."

The DR Congo's ambassador in Geneva submitted the request for a Human Rights Council emergency session on February 3 on behalf of 48 countries spanning all regions.

The fighting in eastern Congo has escalated in recent weeks as the M23 and allied Rwandan armed forces captured Goma, the capital of North Kivu province, and advanced into South Kivu province. The media have reported that during the recent fighting, nearly 3,000 deaths have been recorded in Goma alone. The fighting has displaced large numbers of people, disrupted the delivery of humanitarian aid, and caused food shortages in Goma.

The M23 and the Congolese army, along with their allies, have been implicated in serious abuses against civilians, including internally displaced people, Human Rights Watch said.

The human rights groups emphasized the need for an independent, impartial investigative body to hold all those responsible for serious abuses accountable, regardless of affiliation. They highlighted that existing bodies were not set up to adequately address the scale and severity of the abuses. The Human Rights Council should establish a mechanism that would ensure thorough documentation of violations, identify those responsible, and recommend measures to prevent future atrocities.

Human Rights Watch said that an independent investigative mechanism is crucial for several reasons. First, it would provide a comprehensive and impartial account of violations of international human rights and humanitarian law in eastern Congo, shedding light on abuses committed by all parties. Second, it would serve as a deterrent against future violations by signaling that the international community is committed to accountability. And third, it would offer a measure of justice to the victims and survivors, acknowledging their suffering and paving the way for reparations.

The African Union and African regional economic communities have recently indicated that violations of international humanitarian law, such as attacks against civilians and peacekeepers, constitute war crimes.

The emergency ministerial meeting of the AU's Peace and Security Council underscored the outcome of a summit meeting of the East African Community, the Economic Community of Central African States, the International Conference of Great Lakes, and the SADC by calling for respect and adherence to international humanitarian law and the protection of civilians, internally displaced people, and peacekeepers.

The appeal raised in the joint letter by the human rights organizations reflects the escalation of the current crisis and the pressing need for accountability in eastern Congo, Human Rights Watch said.

"UN Human Rights Council member countries should act decisively to create the requested independent mandate for eastern Congo," said Allan Ngari, Africa advocacy director at Human Rights Watch. "The people of eastern Congo have endured immense suffering for many years. It is critically important to take decisive action to end the cycles of violence and impunity and promote a future grounded in justice and respect for human rights."

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