E/CN.4/1990/17/Add.l
page 3
I.
HISTORICAL BACKGROUND AND LEGAL AND INSTITUTIONAL FRAMEWORK
6.
The first 5 years of Zaire's 30 years' existence as an independent State
were characterized by fierce internal war in which at least half a million
people reportedly lost their lives. Since President Mobutu Sese Seko came to
power in 1965, the internal situation has gradually stabilized. In the next
two decades, several upsurges of violent internal unrest occurred but,
according to governmental and non-governmental sources, at present there is no
activity by any armed opposition. No part of the country is under a state of
emergency. Only in one region (North Kivu), was part of the territory along
the border with Uganda declared an "operational zone" during the civil war in
that country, and is still classified as such. In an operational zone, an
Operational War Council (Conseil de guerre operationnel) is set up, as a
special tribunal, to try military personnel on charges linked to activities
affecting the State security. In an operational zone, however, the normal law
is applicable and the security forces have no more extensive powers than in
the rest of the country.
7.
During the first half of the last decade, serious violations of human
rights, including torture, were alleged to occur in the country. In 1985, the
Commission on Human Rights decided to consider the human rights situation in
Zaire, in conformity with the procedure provided for in Economic and Social
Council resolution 1503 (XLVIII). Since 1987, the number of human rights
violations in Zaire steadily decreased. In 1986, the Government decided to
establish a separate ministry, the Department of the Rights and Freedoms of
the Citizen (Departement des Droits et Libertes du Citoyen - DDLC), headed by
Vice-Prime Minister (Vice-Premier Commissaire d'Etat), Maitre Nimy Mayidika
Ngimbi. In 1989, the Commission on Human Rights decided to discontinue its
consideration of the human rights situation in Zaire under Economic and Social
Council resolution 1503 (XLVIII).
8.
Zaire is party to a great number of human rights treaties and
conventions. It is a party to the International Covenant on Economic, Social
and Cultural Rights as of 1 November 1976 and has also recognized, as of
1 February 1977 the right of individual complaint under the Optional Protocol
to the International Covenant on Civil and Political Rights. In 1987, Zaire
became a party to the African Charter on Human and Peoples Rights and on
1 February 1989 it reportedly decided to ratify the United Nations Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
However, according to information received by the Special Rapporteur at the
Centre for Human Rights in Geneva, Zaire has not yet deposited its protocol of
ratification with the Secretary-General of the United Nations in New York.
9.
In 1989, the Special Rapporteur received no allegations that torture
actually had been practised, although in two cases an urgent appeal was made
to the Government of Zaire to respect the physical and mental integrity of a
number of people who had been arrested (E/CN.4/1990/17, paras. 170-171).
Effective measures had apparently been taken to eliminate torture and serious
maltreatment. The Special Rapporteur highly appreciates the opportunity given
to him by the Government of Zaire to evaluate these measures and to have
consultations with the authorities about steps which may be taken eventually
to strengthen the rule of law in the country.