Resolution on the Human Rights Situation in Republic Democratic of Congo

The Forum of Participation of NGOs, meeting on 10-12 November 2007, in Brazzaville, Republic of Congo,

Considering the ongoing violent armed conflict in North-Kivu between the Armed Forces of Democratic Republic of Congo and the rebel forces of the former General, Laurent Nkunda, since December 2006, as well as the attacks by the Democratic Forces for the Liberation of Rwanda and by the Mayi Mayi militia against the rebels led by Nkunda;

Considering the blatant violations of human rights and international humanitarian law committed by all parties to the conflict against the civilian population, including murders, rapes and other forms of sexual violence and pillaging;

Considering also the alarming situation in other regions of the country, including South-Kivu, North Katanga and Ituri, faced with continuing grave human rights violations;

Considering that crimes of sexual violence are perpetrated in a massive and systematic manner;

Considering the reigning impunity for perpetrators of such crimes from all parties to the conflict;

Considering that as a result of the conflict 350,000 Congolese civilians have been forcibly displaced since the beginning of 2007;

Considering that the civilian population is facing a humanitarian catastrophe;

The NGO Forum requests the ACHPR to adopt a resolution calling on:

The Congolese Authorities:

1. To take all necessary measures to ensure that the perpetrators of the most serious crimes are prosecuted, in accordance with international human rights law and international criminal law;
2. To ensure the effective implementation of Law N° 06/018 of 20 July 2006 on rape and other forms of sexual violence, modifying and supplementing the Decree of 30 January 1940 establishing the Criminal Code;
3. To cooperate fully with the International Criminal Court;
4. To end the use of child soldiers within the Armed Forces of Democratic Republic of Congo, and to prosecute the perpetrators of this crime;
5. To continue and strengthen efforts to create a unified national army respectful of international humanitarian and human rights law.

The Democratic Forces for the Liberation of Rwanda and Rebel Forces led by Laurent Nkunda:

1. To stop immediately attacks on civilians;
2. To stop immediately the use of child soldiers;
3. To disarm and to join the national army.

The Neighbouring States:

1. To cease all support to rebel movements.

The UN Mission in Democratic Republic of Congo:

1. To strengthen civilian and military means to ensure the full protection of vulnerable civilians.

The International Criminal Court:

1. To prosecute the perpetrators of the most serious crimes, including sexual crimes, committed in DRC since July 2002, notably in Kivu.

The International Community:

1. To support the fight against impunity of the most serious crimes committed in DRC, notably by creating mix tribunal.

Done in Brazzaville, November 12th, 2007