241: Resolution on the Human Rights Situation in the Democratic Republic of Congo

The African Commission on Human and Peoples’ Rights (the Commission), meeting at its 14th Extraordinary Session held from 20 to 24 July 2013 in Nairobi, Kenya:

Considering that one of the objectives of the African Union as stipulated in Article 3 (f) of its Constitutive Act is to “promote peace, security and stability on the continent”;

Recalling its mandate to promote and protect human and peoples’ rights in Africa in accordance with the African Charter on Human and Peoples’ Rights (the African Charter);

Further recalling the obligations of the DRC under the African Charter and other regional and international human rights instruments ratified by the DRC;

Considering Articles 22 and 23 of the African Charter which guarantee the right to security, peace and development, as well as other regional and international human rights legal instruments;

Bearing in mind its previous resolutions on the human rights situation in the DRC, in particular Resolution 139 of 24 November 2008 and Resolution 173 of 24 November 2010;

Concerned by the renewed fighting, since 14 July 2013, between elements of the M23 rebel group and the Congolese military in Goma, North Kivu;

Concerned by the continued deterioration of the human rights situation in eastern DRC following several attacks carried out against the civilian population by the various armed rebel groups, including rape and other violence against women and children;

Deeply concerned by the humanitarian situation as a result of the massive and forced displacement of thousands of civilian populations following the persistent insecurity and serious and massive human rights violations committed by armed groups operating in eastern DRC;

Strongly condemns the renewed fighting between the regular army and the M23 rebel group and the acts of violence committed against the civilian population by the various armed groups involved in the conflict in eastern DRC;

Reiterates its call for all the parties to the conflict to put an immediate end to fighting and to promote dialogue towards a peaceful resolution of the conflict and the peace, security and stability of the country;

Reminds the Congolese Government of its responsibility to guarantee security across its territory and to ensure the protection of its citizens;

Calls on the Congolese authorities to take the necessary measures to put an end to the persistent conflict towards fully restoring the authority of the State in eastern DRC;

Urges the Congolese Government to take the necessary measures to put an end to impunity, including by ensuring that perpetrators of acts of violence are brought to justice;

Calls on the countries of the sub-region to effectively implement the Peace, Security and Cooperation Framework Agreement signed in Addis Ababa on 24 February 2013, the main objective of which is to restore peace in eastern DRC;

Calls on the International Conference on the Great Lakes Region, the African Union and the international community to continue their efforts towards a return to lasting peace in the DRC;

Further calls on the Congolese authorities to expedite the ratification of the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (the Kampala Convention).

Nairobi, Kenya, 24 July 2013