UN Establishes Mechanism To Investigate Atrocities In Congo
(ANALYSIS) In February, the U.N. Human Rights Council adopted a resolution agreeing to establish a fact-finding mission on the serious human rights violations and violations of international humanitarian law committed in the provinces of North Kivu and South Kivu in the eastern Democratic Republic of Congo.
The U.N. Human Rights Council further established an independent commission of inquiry to continue the work undertaken by the fact-finding mission. The resolution, adopted in an urgent session requested by Congo, comes after the ever-growing reports of the deteriorating situation in the country and as fighting between government forces and the Rwandan-backed M23 armed group intensified.
M23 rebels have seized Goma, the provincial capital and other regions, which has resulted in hundreds of thousands being forced to flee and seek safety in internally displaced persons (IDPs) camps.
During the session, members of the U.N. Human Rights Council condemned the persistent violations and abuses of human rights and the violations of international humanitarian law and international refugee law being committed in the region, in particular conflict-related sexual violence and gender-based violence, summary executions, abductions, enforced disappearances, targeted attacks against human rights defenders, journalists, other civil society actors and peacekeepers, and the bombing of sites for displaced persons, hospitals and schools, among others.
The U.N. Human Rights Council strongly condemned the military and logistical support provided by the Rwanda Defense Force to the M23, which continued to cause havoc across the region. It called upon the M23 and the Rwanda Defense Force to immediately end the human rights violations and abuses and violations of international humanitarian law in the North Kivu and South Kivu provinces. The U.N. body demanded that the M23 immediately cease all hostile actions in and withdraw from the occupied territories of Congo.
U.N. Police, the Moroccan Force, Senegalese Formed Police Unit and Congolese National Police carry out a mixed patrol mission to BUSHUGARA internal displaced persons camp in Goma, Congo. (Photo via MONUSCO/Kevin Jordan)
The U.N. Human Rights Council decided to establish a fact-finding mission to investigate the situation and establish the facts, circumstances and root causes of all the alleged violations and abuses of human rights and violations of international humanitarian law, as well as any international crimes, in the context of the most recent escalation of hostilities in North Kivu and South Kivu provinces.
The mandate of the fact-finding mission will also be to collect, consolidate and analyze evidence of such violations and abuses, including those affecting women and children, and to systematically record and preserve all information, documentation and evidence, including interviews, witness testimony and forensic material, consistent with international best practices, in view of any future legal proceedings.
The mechanism will document and verify relevant information and evidence, including through field engagement, and cooperate with judicial and other entities, as appropriate. It will also identify, where possible, the persons and entities responsible for violations and abuses to ensure that those responsible were held accountable for their actions.
The fact-finding mission is also to make recommendations, in particular on accountability measures, all with a view to ending impunity and addressing its root causes and ensuring accountability.
The U.N. Human Rights Council further decided to establish an independent commission of inquiry, made up of three experts with competency in international rights law, human rights and international humanitarian law, to be appointed as soon as possible by the president of the Human Rights Council, to continue the work undertaken by the fact-finding mission after the presentation of the complete report of the latter, with the same mandate as the fact-finding mission. The Council called for the mandate of the fact-finding mission to take immediate effect.
The mechanism must be established as a matter of urgency as the situation in Congo continues to deteriorate. Humanitarians are calling for $2.54 billion to support operations in Congo, amid ongoing attacks by M23 rebels in the east and a severe funding shortfall.
Some 21.2 million Congolese are affected by multiple crises, be it armed conflict, natural disasters or epidemics. The fact-finding mission will ensure monitoring.
Funding will try to meet the needs of the population. However, as long as M23 spreads havoc across the region, the humanitarian crisis in Congo will only deepen, and any monitoring or humanitarian efforts will only go so far.
This piece was republished from Forbes with permission.
Dr. Ewelina U. Ochab is a human rights advocate, author and co-founder of the Coalition for Genocide Response. She’s authored the book “Never Again: Legal Responses to a Broken Promise in the Middle East” and more than 30 UN reports. She works on the topic of genocide and persecution of ethnic and religious minorities around the world. She is on X @EwelinaUO.