2nd Meeting, 37th Special Session of the Human Rights Council

excellencies distinguished colleagues i hereby declare open the second meeting of the thirty seventh special session of the human rights council excellencies and distinguished colleagues before we review the draft resolution we will carry out a voting test so that each member can become familiar with the voting system when i ask the secretariat to open up the voting machine. You will see the voting buttons start to flash. To vote yes, press on the green button plus, for no on the red button minus, and for abstention on the white button, which has a zero on it. Please press on the buttons now. Have you come here for me?

I would please like to ask delegations to check to see if their vote is correctly reflected on the screen. It's just a test. We all realise that. If that is the case, then I will ask the Secretariat to close the voting machine. We will follow the standard voting procedures, as we have done in the preceding Council sessions. Please allow me to recall the basic points. Voting is reserved only for Member States of the Council. Observer States can only intervene in two cases when they introduce a draft resolution or decision, or when they are directly concerned by such a draft. Outside these situations, observer states cannot take the floor even on a point of order. All procedural motions, such as amendments, must be announced during the general comments segment. If a procedural motion is raised after voting has started, it will be considered as inadmissible. I would also like to recall to you that in line with article one hundred and twenty eight of the general assembly's rules of procedure the author of a proposal or an amendment cannot give an explanation of vote on his own proposal or amendment and lastly please allow me to recall that during the voting speaking time is limited to three minutes we will now consider the draft resolution excellences distinguished colleagues Ladies and gentlemen, we will now consider A/HR/7/37/L/1, which bears the title, The human rights situation in the east of the Democratic Republic of the Congo. I would like to give the floor to the representative of the Democratic Republic of the Congo to introduce the draft resolution. Excellency, you have the floor.

Mr. President, distinguished Council members, dear delegates, the draft resolution before the Human Rights Council under the code A/HR/7/37/L/1 bears the title The human rights situation in the east of the Democratic Republic of the Congo. It basically requests the following that the High Commissioner for Human Rights urgently establishes a fact-finding mission on the serious violations of human rights and the serious violations of international humanitarian law committed in North and South Kivu provinces in the east of the Democratic Republic of the Congo with a clear mandate, notably to investigate and establish the facts and circumstances and basic roots of all the allegations of human rights violations and attacks on them and violations of international humanitarian law, including those which have targeted women and children and which involve gender based and sexual violence. It must also collect and analyse evidence, particularly in cases against women and children, and that all the documentation and evidence be safely guarded, including the forensic materials, with a view to future judicial proceedings. Through the resolution, the Human Rights Council expects that the High Commissioner for Human Rights will draft recommendations and take on responsibility, which would attach responsibility for bringing an end to impunity and also establish individual accountability. There will be an oral update in the 59th session following an enhanced interactive dialogue. And this will also be followed up at the 60th session with an oral update again and another enhanced interactive dialogue. In order to combat impunity and to prevent a repetition of these violations, attacks on human rights and violations of international humanitarian law, the Council calls on Rwanda to express the respect, the sovereignty and territorial integrity of the Democratic Republic of the Congo and withdraw its troops from the territory in order to perpetuate a culture of accountability for human rights violations in that part of the Democratic Republic of the Congo which is regularly subject to attacks and negative forces effects will also call for the establishment of a commission of inquiry which will work in conjunction with the fact finding mission and have the same mandate. So my delegation calls on your solidarity once again, which you showed already towards the Congolese people through your mass support for an adoption by consensus of this resolution. Thank you.

The Secretariat has informed me there are further five co-sponsors of the draft resolution. I would now like to give the floor to the members of the Council who wish to make general comments on the draft resolution which has been presented. I cannot see any no, I now recognize the distinguished representative of Spain.

Thank you, President. It's my honour to speak on behalf of the members of the European Union and members of the Human Rights Council. This general comment has been agreed on by the European Union as a whole. We wish to express our full support to the RDC in its efforts to draw attention to the extremely serious situation in the east of the country. by using the mechanisms of the Human Rights Council. We share the view that the Human Rights Council has a role to play when there are human rights emergencies, as we can see in the DRC. We would also like to congratulate the DRC on having held fruitful negotiations. In view of the budgetary situation, we appreciate the Council's view that there would be a team of experts to initially observe the situation on the ground whilst a commission of inquiry is being set up. We would like to call upon all the members of the Council to support the draft resolution so that we can adopt it by consensus. If a vote is requested, the European Union will vote in favour and will ask everyone else to do the same. Thank you.

Thank you. I now call on the distinguished representative of Indonesia.

Thank you, Mr. President. Indonesia is deeply concerned about the worsening human rights and humanitarian situation in eastern DRC. We stand in solidarity with the people of the DRC. The unfolding crisis in North and South Kivu demands urgent and collective action. We strongly condemn all violations of international human rights and humanitarian laws, including the unlawful recruitment of child soldiers and sexual violence, as well as attacks on hospitals, schools, UN personnel, peacekeepers and humanitarian workers. These violences must stop. all parties to cease all hostile actions to prevent further human rights violations. Mr. President, the convening of this special session reflects the Human Rights Council's responsiveness and commitment to addressing urgent crisis. Our approach must be balanced, constructive, and solutions oriented. All parties must be encouraged to engage openly in dialogue as it is essential for resolving the conflict. While accountability remains crucial, it must not come at the cost of undermining opportunities for an inclusive political solutions for the region. Therefore, any emergency fact-finding mission must operate with impartiality, independence, and full transparency. Mr. President, we recognize the complex history behind this crisis, including colonial legacies. Regional solutions led by African nations remain key to achieving lasting peace. We commend regional partners for their efforts to promote peace and stability in the region. We urge all parties to return to peace negotiations and end the cycle of hostilities before more lives are lost. Moreover, Indonesia calls for all parties to ensure immediate humanitarian access, including urgent medical assistance. We also urge international partners to scale up supports, food, medical aid and shelter are desperately needed, especially for women and children. We hope for an end to violence and a path toward lasting peace and prosperity in the region. Finally, Indonesia reaffirms our unwavering respect for the sovereignty and territorial integrity of the DRC and thus supports the adoptions of the draft resolutions by consensus. I thank you.

We will now listen to the other concerned country, and I'll give the floor to the distinguished representative of Rwanda. Excellency, you have the floor.

Thank you, Mr. President. Allow me to start by seeking clarification from the SRS G Keita on the identity of 3,000 killed. whether they are combatant from the Kinshasa-led coalition or civilians. Mr. President, this council must not mischaracterize the conflict. M23 is Congolese movement with legitimate grievances. The DRC government has constantly failed to uphold the rights of the community this group represents. Congolese security forces are the primary perpetrators of human rights abuses, a pattern ongoing since 2019. They are serious security threats to Rwanda and grave rights violation against Congolese Tutsi that this council continue to ignore. Rwanda has always supported peace efforts and political solution. Since 1999, 10 agreements addressing this question have not amount to last peace, all due to the failure of the DRC governments to uphold its commitment. The claim that mineral resources fuel this conflict is false and insulting. The issue here is people fighting for their rights and for survival. Rwanda is not responsible for DRC economic dysfunction. Congolese officials benefit most from instability and a corrupt mining sector. Rwanda firmly opposes this resolution and call on all who seek true peace to vote against or at least abstain. Thank you, President.

Thank you for your statement. The Secretariat has informed me that there are budgetary implications from the draft resolution as presented. I will give the floor to Ms. Daniela Maniu, who is an expert in budget and finance in the support programmes of the Office of the High Commissioner for Human Rights. You have the floor, Madam.

Thank you, President.

Um, the present draft resolution, A, HRC S37 L1, as orally revised, proposes changes to operative paragraphs 15, 16 and 17 of the draft resolution. The Human Rights Council would, I would continue in French.

Decide to urgently establish a fact-finding mission on the serious human rights violations and attacks on the rights and the serious violations of international humanitarian law committed in North and South Kivu provinces in the east of the Democratic Republic of the Congo. Paragraph 16 requests that the High Commissioner for Human Rights urgently establish an investigating team which will report on the events covering the period from January 2022 up until the time of its complete report with the following mandate to investigate and establish the facts, circumstances and fundamental origins of all allegations and attacks on human rights and violations of international humanitarian law, including those affecting women and children and committed against and which include sexual and gender based violence and committed against internally displaced persons and refugees and possible international crimes in the context of the latest escalation of hostilities which is ongoing in the provinces in North and South Kivu. Collect and analyse the data of these violations, including those affecting women and children, recording and systematically conserving all information, documentation and items of evidence, including interviews, witness statements and forensic material, in line with best international practices, with a view to all future judicial proceedings. Collect and check all relevant information, including by working on the ground and cooperating with judicial bodies and other entities if necessary and identify as far as possible those who are responsible for the crime. for these violations of human rights, international humanitarian law and possible international crimes in the context of the latest and ongoing escalation of hostilities in North and South Kivu provinces, in order to ensure that the perpetrators are held accountable for their acts. to formulate recommendations, including measures to ensure accountability with a view to halting impunity and to address its root causes and to ensure the obligation of accountability and, where necessary, individual criminal responsibility as well as access to justice for victims. to present to the Human Rights Council an oral update of its work during the 59th session, followed by an enhanced interactive dialogue and a complete report on the subject in the 60th session, followed as well by an enhanced interactive dialogue. And in the 84th session of the General Assembly, submit a report to the General Assembly and to brief the Security Council on the subject and to identify and support cooperative mechanisms and accountability mechanisms at the level of international justice, such as the ICC and a special Criminal Court for the RDC. Paragraph 17 also decides that the High Commissioner will take part in an enhanced interactive dialogue during the 60th session and will replace the oral update of the High Commissioner and the interactive dialogue which should have taken place in the 58th session. investigating team must submit an oral report to the Council, followed by an enhanced interactive dialogue at the 63rd session, which will also be followed by an enhanced interactive dialogue.

The Secretariat has not been able to prepare and present a formal revised statement of financial implications for this draft resolution. An assessment of program budget implication would be developed following further internal consultation within the Secretariat. Uh, thank you, Mr. President.

Thank you. We'll now take action on the draft resolution A slash HRC slash 37 slash L1 as presented. I'll now give the floor to Council members who would wish to explain their vote before the vote. I can't see any requests for the floor. Is there anyone who is requesting a vote? I cannot see that either, so I consider that Draft resolution A/HRC/37/L.1 can be adopted without a vote. It is so decided. Thank you. We will now move to the explanations of vote and general comments after the vote, or after the adoption, I should say. of this text. Is there any delegation that would like to take the floor? I cannot see any requests for the floor. Excellencies, distinguished colleagues, this brings us to the end of this special session. Before we close the meeting, may I remind you that the report of the 37th special session is currently being prepared and will shortly be made available on the Council's extranet. Please allow me to remind you that delegations have the possibility to submit their comments within two weeks following the circulation of the said report and they should be addressed to the Council Secretariat. Can I consider the Council i beg your pardon can i consider that the council decides to adopt the draft report of the thirty seventh special session of the human rights council ad referendum it is so decided excellencies distinguished colleagues i hereby declare closed the thirty seventh special session of the human rights council thank you very much and all have a lovely weekend