The African Commission on Human and Peoples’ Rights (the Commission), meeting in hybrid format virtual and in Banjul, The Gambia during its 85th Ordinary Session, held from 7 to 30 October 2025;
CONSIDERING its mandate to promote and protect human and peoples' rights in Africa under Article 45 of the African Charter on Human and Peoples' Rights (the African Charter);
RECALLING that one of the objectives of the African Union, as stated in Article 3(f) of its Constitutive Act, is to “promote peace, security and stability on the continent”;
ALSO RECALLING that the African Union’s theme of the year highlights “reparations” as a key component of “justice”;
REFERRING to the African Union Transitional Justice Policy (AUTJP) adopted on February 12, 2019, at the 32nd Ordinary Session of the AU Assembly in Addis Ababa, Ethiopia, and to the Commission's Study on Transitional Justice and Human and Peoples' Rights in Africa, adopted at its 24th Extraordinary Session held in Banjul, The Gambia, from July 30 to August 8, 2018, in accordance with Resolution ACHPR/Res.235 (LIII)2013 on transitional justice in Africa (adopted at its 53nd Ordinary Session, held in Banjul, The Gambia, from April 9 to 23, 2013)
CONSIDERING Articles 22 and 23 of the African Charter, which guarantee the rights to security, peace, and development, as well as other regional and international human rights instruments;
ALSO CONSIDERING Articles 58 and 60 of the African Charter, which require the Commission to address serious and massive violations of human and peoples’ rights, drawing inspiration from international human rights law;
CONSIDERING FURTHER Articles 10 and 11 of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (Maputo Protocol), which guarantee women the right to peace and protection in armed conflicts;
MINDFUL of Communication 277/99, Democratic Republic of Congo v. Burundi, Rwanda and Uganda;
ALSO MINDFUL of its previous resolutions on the human rights situation in the Democratic Republic of Congo (DRC), which acknowledge and condemn international crimes, serious and massive human rights violations, acts of violence against civilians, and specific acts of sexual and gender-based violence — namely:
Resolution ACHPR/Res.139(XXXXIV)08 of 24 November 2008;
Resolution ACHPR/Res.173(XLVIII)10 of 24 November 2010;
Resolution ACHPR/Res.241(EXT.OS/XIV)2013 of 24 July 2013;
Resolution ACHPR/Res.284(LV)2014 of 12 May 2014;
Resolution ACHPR/Res.424(EXT.OS/XXVI)2019 of 30 July 2019; and
Resolution 627(LXXXII)2025 of 11 March 2025;
TAKING INTO ACCOUNT Resolution ACHPR/Res.428(LXV)2019 on the Situation of Human Rights in the Republic of South Sudan, adopted during its 65th Ordinary Session, held from October 21 to November 10, 2019, in Banjul, The Gambia, which called on the country to establish a transitional justice process in accordance with the AUTJP and the Study of the Commission on Transitional Justice and Human and Peoples' Rights in Africa;
CONSIDERING the United Nations Report on the joint mission to investigate allegations of massacres and other human rights violations in Eastern Zaire (now DRC) since September 1996 (A/51/941, para. 1);
ALSO CONSIDERING the UN Office of the High Commissioner for Human Rights (OHCHR) Mapping Report on the most serious violations of human rights and international humanitarian law committed between March 1993 and June 2003 in the territory of the Democratic Republic of Congo (August 2010), in particular paragraphs 233 and 510–516, which establish beyond reasonable doubt the occurrence of acts of genocide, overwhelming evidence, premeditation, and a systematic genocidal plan during the massacres carried out on Congolese soil;
FURTHER CONSIDERING the successive UN Group of Experts Reports on the DRC mandated by the UN Security Council between 2004 and 2025 (S/2004/551 through S/2025/446);
TAKING NOTE of the recommendations from the 9th Transitional Justice Forum held from 30 September to 2 October 2025, jointly organized by the African Union and the Government of the DRC (Ministry of Human Rights, the National Fund for Reparations of Victims of Sexual Violence linked to conflicts and victims of crimes against peace and security of humanity – FONAREV, and the Interinstitutional Commission for Victim Assistance and Support for Reforms – CIAVAR);
RECOGNIZING THE URGENCY of ensuring justice for victims of these grave violations and international crimes after more than 30 years of suffering;
The Commission:
1. STRONGLY CONDEMNS all serious and massive violations of human and peoples’ rights, and all international crimes including genocide committed in the Democratic Republic of Congo by state and non-state actors, or by all parties involved in the conflicts, from their onset to the present day;
2. RECALLS the responsibility of the Government of the Democratic Republic of Congo to guarantee security throughout its territory and to protect its citizens and all populations residing therein, in particular by initiating investigations and relevant judicial proceedings for the prosecution of these grave violations and international crimes;
3. URGES the Government of the Democratic Republic of Congo to take all necessary measures, in collaboration with the African Union and other stakeholders, to ensure justice for victims — including through transitional justice mechanisms — based on its four fundamental pillars: the right to truth, the right to justice, the right to reparation, and the guarantee of non-repetition, and in line with the African Union Transitional Justice Policy and the ACHPR Study on transitional Justice;
4. Decides in accordance with its protection mandate under Article 45 and the provision of Article 46 of the African Charter to hold a hearing on the situation towards the development of effective justice and accountability process for victims of these violations and crimes.
Done in Banjul, 30 October 2025
