Democractic Republic of the Congo
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Country recommendations on civic space for UN´s Universal Periodic Review
CIVICUS makes six joint UN Universal Periodic Review submissions on civil society space: Cote d’Ivoire, Democratic Republic of Congo, Equatorial Guinea, Ethiopia, Nicaragua and Qatar
CIVICUS and its partners have made joint UN Universal Periodic Review (UPR) submissions on 6 countries in advance of the 33rd UPR session (April-May 2019). The submissions examine the state of civil society in each country, including the promotion and protection of the rights to freedom of association, assembly and expression and the environment for human rights defenders. We further provide an assessment of the States’ domestic implementation of civic space recommendations received during the 2nd UPR cycle over 4 years ago and provide a number of targeted follow-up recommendations.
Cote d’Ivoire: CIVICUS and the Coalition Ivoirienne des Défenseurs des droits Humains (CIDDH) examine the steps taken by the government of Cote d’Ivoire to address restrictions on civic space. We highlight the promulgation of the law on Human Rights Defenders and the subsequent Resolution passed to ensure implementation of the law. However, we note ongoing restrictions on freedom of expression, the targeting of journalists and bloggers by the authorities, attempts to undermine freedom of association and the tendency to use excessive force to disperse peaceful protests.
Democratic Republic of Congo (FR): CIVICUS and Ligue des Droits de la personne dans la région des Grands Lacs (LDGL) analyse the multiple unwarranted restrictions on civic space in the Democratic Republic of Congo (DRC). Authorities have systematically banned protests, in particular protests organised by civil society, social movements and opposition, while security forces have used excessive force against peaceful protesters, leading to hundreds of deaths. Additionally, HRDs and activists are subject to arbitrary arrests and judicial harassment, aimed at preventing them from exercising their democratic and civic rights. These unwarranted restrictions have intensified since the start of the political and security crisis in 2015, precipitated by President Kabila’s attempts to remain in power despite a constitutional two-term limit.
Equatorial Guinea: CIVICUS, the Committee Protect Journalists (CPJ), Centro de Estudios e Iniciativas para el Desarrollo (CEID), ONG – Cooperación y Desarrollo and EG Justice examine ongoing restrictions on freedom of association, attacks and intimidation of journalists and bloggers and the general disenabling environment for freedom of expression and independent media agencies. We further discuss threats faced by human rights defenders and the frequent violent repression of peaceful assemblies.
Ethiopia: CIVICUS, the Association for Human Rights in Ethiopia (AHRE), the Committee to Protect Journalists (CPJ), DefendDefenders, PEN International, Article 19, the Consortium of Ethiopian Rights Organizations (CERO), and Access Now examine the Government of Ethiopia’s fulfilment of the rights to the freedoms of association, peaceful assembly and expression, and unwarranted restrictions on HRDs since its previous UPR examination in 2014. While the government recently committed to addressing a range of restrictive legislation, alongside releasing large numbers of political prisoners, at the time of writing, the restrictive legal framework remains in place. Acute implementation gaps were found regarding recommendations relating to civic space including the rights to the freedoms of association and peaceful assembly.
Nicaragua (ES): CIVICUS and the Nicaraguan Network for Democracy and Local Development Federation (Red Local) address concerns about the violent repression of protests and the criminalisation of protest leaders and demonstrators, particularly of the student and peasant movements, as well as the intensification of the persecution and intimidation suffered by CSOs supporting social movements in Nicaragua. Along with the growing restrictions on freedom of expression that stem from media concentration in government hands and pressures against journalists and independent media covering issues such as corruption, elections and infrastructure or extractive projects, the submission further examines the alarming increase of unwarranted restrictions on the press linked to the coverage of protests and their violent suppression and related human rights violations.
Qatar: CIVICUS and the Gulf Centre for Human Rights highlight the continued restrictions on freedom of association and expression in Qatar, which include unwarranted arrests on foreign journalists and confiscation of equipment, and restrictions on online content under the Cybercrime Prevention Law. The authorities in Qatar also continue to restrict the formation of independent civil society organisations committed to the advancement of human rights, and there have been severe and undue limitations to freedoms of assembly resulting in almost no protests in Qatar despite serious human rights violations.
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Decisive leadership needed from SADC to address DRC crisis
By David Kode
The announcement of a date for general elections in a country roiled in political conflict and ruled by an unpopular leader should be regarded as a positive move. But not so in the Democratic Republic of the Congo.
Read on: Pambazuka
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Democratic Republic of Congo: stop the killing of protesters
CIVICUS, the global civil society alliance and Nouvelle Société Civile Congolaise (NSCC), condemn the senseless killing of at least 34 protesters in the Democratic Republic of Congo (DRC) in recent days. The killings have come as citizens have called for President Joseph Kabila to step down, following the formal end of his mandate on 19 December.
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DRC: ‘Civil society is targeted by politicians who see it as an obstacle to their power’
CIVICUS speaks with journalist and human rights activist Jonathan Magoma about recent elections in the Democratic Republic of the Congo (DRC).
Jonathan Magoma is Country Programme Director and interim Executive Director of Partnership for Integral Protection (PPI), a civil society organisation that works for peace and the protection of human rights defenders in the DRC and the region.
How free and fair were recent elections in the DRC?
The presidential election of 20 December 2023 was held so as to show the world that the government conducted it within the constitutional deadline, but it was marred by fraud and irregularities.
The electoral process was neither free nor fair. In several districts, rebel groups imposed their choices. In the province of Ituri, in the northeast of the DRC, the Chini ya Tuna armed group forced people to vote for a candidate from their community. The militias even took away two voting machines so they could enter the votes themselves.
Towards the centre of the country, in Sankuru province, the brother of a Congolese dignitary set up a militia to disrupt the election and commit violence against agents of the Independent National Electoral Commission (CENI), simply because he couldn’t line up as a national deputy candidate when his party failed to reach the required threshold. His armed men quietly took away election kits as observers looked on helplessly.
Candidates also distributed gifts in polling centres to influence voters in their favour. Some candidates or their representatives were caught distributing money to voters on election day, which is illegal. In some centres some were arrested by the police, while others were not apprehended.
In the Kabare district of South Kivu, for instance, electoral materials were transported to polling centres in the vehicles of a political party that was a member of the presidium of Sacred Union of the Nation (USN), the coalition backing the candidacy of President Félix Tshisekedi. Observers and voters at the centre cried foul.
What were the basis of the opposition’s fraud allegations?
The allegations of fraud made by the opposition are legitimate. They are based on the fact that a number of politicians close to the government kept full electoral kits in their homes in order to vote fraudulently. Voting machines were discovered in private homes containing ballot papers already signed and filled out. As a result, in most polling centres there was a shortage of voting machines, leading people in some districts to revolt.
On 31 December, CENI published the provisional results of the presidential election, proclaiming Tshisekedi, the incumbent seeking a second term, as the winner. But five days after this, on 5 January, CENI invalidated the votes received by deputy candidates who had run in the national and provincial legislative elections and the municipal vote held on 20 December. Their candidacies were voided following numerous accusations of illegal possession of voting machines, fraud, destruction of electoral material, ballot box stuffing and incitement to commit acts of violence against CENI agents. The excluded candidates include three serving ministers, four provincial governors, six senators and a member of the bureau of the National Assembly. Almost all were USN members.
At the same time, the electoral commission announced the annulment of the election results in the districts of Masimanimba in Kwilu province and Yakoma in North Ubangi province on the grounds of ‘massive and exaggerated fraud’. Unfortunately, the decision had nothing to say about the highly contested presidential election. But how could such irregularities have occurred at all other voting levels and not at the presidential election that was held on the same day and with the same ballot papers?
This question gave rise to debate within civil society and, within the political opposition, it prompted several demonstrations to contest this ‘sham’ election and demand its annulment. But it was in vain: on 20 January, Tshisekedi was sworn in by ‘his’ Constitutional Court as president of the DRC.
How did civil society, and PPI in particular, try to make the election free, fair and peaceful?
In the run-up to the election, we launched awareness campaigns to promote a peaceful vote. We held advocacy actions with election stakeholders, getting them to adhere to democratic values guaranteeing fair, free, transparent and inclusive elections and to the need to guarantee civic space before, during and after the elections. We also trained civil society groups and journalists in election observation and media coverage.
We observed the polls and contributed to the resulting civil society report. However, this report was not taken into account by the relevant bodies.
I personally carried out observation in a village about 35km north of the town of Bukavu, where what are viewed as ‘observers in waistcoats’ are more or less respected and most CENI agents knew me. But for no reason, I was forbidden to spend more than 15 minutes in a polling station. In neighbouring centres, people complained about lack of access to polling stations. Some observers also complained. In my polling station, the voting machine was supposed to start at 6am but was not put into operation until after noon, which made voters angry.
We continue to monitor the situation closely and assist human rights defenders, journalists and others who have been threatened or prosecuted for playing important roles or exposing irregularities during the elections. PPI is currently supporting two journalists and a civil society activist who are being prosecuted by the prosecutor general’s office in South Kivu province for denouncing electoral fraud perpetrated by a politician close to the government. PPI provides activists under threat with legal and judicial assistance, along with psychosocial support and advice on physical and digital security. Where necessary, medical or financial assistance, or even support for relocation, is offered to activists at risk.
It must be noted that we are still in an election period, as elections for senators and governors have not yet taken place. Originally scheduled for February, CENI has postponed them and they will now take place in late March and early April. Meanwhile, civil society continues to be targeted by politicians who see it as an obstacle to their power.
What were the demands of protesters on election day, and how did the government respond?
On 20 December, some people in Beni and Goma could not stand the wait. When they arrived at polling stations early in the morning, they could not find their names on the lists posted outside. What’s more, some polling stations were not yet open. In some centres, only two polling stations out of 10 were open, or one out of eight. Rumours circulated about some candidates’ illegal possession of voting machines. All this led to spontaneous demonstrations, particularly in Beni, where one centre was vandalised.
In several districts, voting continued beyond closing time. The government acknowledged ‘logistical difficulties’ but praised CENI for the ‘successful’ organisation of the elections. Obviously, CENI was not up to the task of managing the logistics of the elections. It was then announced that voters would be allowed to cast their ballots the following day, and voting resumed in almost every centre in the DRC. In Bas Uélé province, voting lasted three days, from 20 to 22 December.
What are your expectations for the post-election period?
I remain pessimistic because I am convinced that the elections were not transparent, free, credible or independent. What’s more, less than half of potential voters turned out. This is a strong message for a president who has supposedly been elected with more than 73 per cent of the vote among those who are said to have voted.
In such a context, the legitimacy of the government will inevitably be called into question. Moreover, in December, former CENI president Corneille Nanga initiated a political-military movement allied with the M23 terrorist movement, which is supported by the Rwandan government and waging war in the east of the country.
In the post-electoral period, serious human rights violations are likely to occur, as was documented during Tshisekedi’s first five-year term, even though he had promised to make respect for human rights and democracy his priority.
Now that the ruling coalition has claimed an absolute majority in parliament, it is quite possible that it will start changing laws for its benefit, and even constitutional articles that were considered untouchable. This would create chaos and torpedo our hard-won democracy.
What should be done to strengthen democracy in the DRC?
At present, civic space in the DRC is repressed to the extent that it is virtually closed. Political rhetoric contradicts developments on the ground. Opponents are prosecuted and imprisoned for their opinions. Protesters are put down in a bloody way. Journalists such as Stanis Bujakera, Blaise Mabala, Philémon Mutula and Rubenga Shasha and many activists are persecuted and imprisoned for doing their job. We are intimidated, sometimes threatened and people are murdered.
If we are to have any hope of strengthening democracy in the DRC, we will have to hold the government to account for its internal and external commitments. The fourth cycle of the United Nations Human Rights Council Universal Periodic Review, due later this year, is a great opportunity for Congolese leaders to renew their commitment to democracy and respect for fundamental rights.
Global civil society and the human rights community must stand shoulder to shoulder with Congolese activists in the quest for democracy. This can be achieved through joint advocacy and lobbying activities, as well as capacity development and exchanges of experience.
Civic space in the DRC is rated ‘repressed’ by theCIVICUS Monitor.
Contact PPI through itswebsite and follow@PPIREGIONALE and@JonathanMagoma on Twitter.
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DRC: ‘The United Nations’ peacekeeping mission has failed’
CIVICUS speaks about the ongoing protests against the United Nations (UN) Organization Stabilization Mission in the Democratic Republic of the Congo (DRC), MONUSCO, with social activists Espoir Ngalukiye and Sankara Bin Kartumwa.
Espoir and Sankara are members of LUCHA (Lutte Pour Le Changement), a civil society organisation (CSO) that advocates for human dignity and social justice in the DRC. It has played a role in peaceful protests against MONUSCO.
What triggered the anti-MONUSCO protests?
The eastern region of the DRC has faced security issues for over three decades. People are protesting for MONUSCO to leave because its strategy to maintain peace has failed.
MONUSCO was deployed to restore peace in the DRC by protecting civilians, facilitating safe electoral processes and fighting rebel groups. But it has been in the country for close to 20 years and the opposite has happened: the number of armed groups has risen, people continue to live in unsafe conditions and innocent lives are being lost despite the presence of MONUSCO.
It was the peacekeeping mission’s job to prevent that happening, but it has not served us diligently and has proven to be useless. Right now, extremely high levels of violence are causing many people to migrate in search of safety. This alone is evidence enough that the peacekeeping mission has failed.
Many people in local communities do not have a good relationship with MONUSCO because they believe the mission has not taken up its role to protect them. Civilians’ lack of trust, in turn, makes it challenging for MONUSCO to carry out its mandate. But if it was effective, people would not be protesting against it.
How have the authorities responded to protesters’ demands?
The immediate response has been violence by both MONUSCO and the Congolese authorities. We have seen people injured and killed just because they were part of the protests. People are angry because security issues have been ongoing for years, and MONUSCO should have seen this coming: it was only a matter of time before people started acting on their anger towards the mission. MONUSCO should have come up with ways to deal with the situation without people having to lose their lives.
As for the Congolese authorities, they have arrested people unlawfully. Most people who have been detained are facing terrible conditions in prison and our concern is that they all get justice. We do not want them to be tortured for fighting for their rights.
The UN Secretary-General has condemned the violence and called for the Congolese government to investigate it. But the demand for MONUSCO’s departure has not been addressed, and protesters say they will not stop demonstrating until MONUSCO leaves.
Unfortunately, the Congolese authorities have not addressed our concerns either. From our standpoint, they will be the next to be targeted because they have been elected and are paid to protect us. If they cannot live up to their responsibilities, we will hold them accountable. They must join their voice to ours and ask MONUSCO to leave.
What is civil society in general, and LUCHA in particular, doing to help improve the situation?
LUCHA is a CSO that advocates for change in a non-violent manner. We have tried to show people it is possible to advocate for change without using violence. Our members have participated in protests against MONUSCO, which we believe are legitimate and constitutional, so we also demand non-violence and respect for the law on the government’s part. Our country has a violent history, and we would like to change that narrative.
We are an organisation led by young people who have experienced war and conflict and want to see a better society emerge, and a better future for all. We struggle for Congolese people and their right to have access to basic needs, starting with living in a safe environment. We have members on the ground in the areas where the protests are happening, and their role is to monitor the situation and report on the events taking place.
LUCHA is using our social media accounts to inform people in and outside the DRC about the situation and how it is impacting on so many innocent lives. We hope this will create awareness and push the authorities to address our demands.
Our monitors on the ground also work to ensure protesters do not employ violence, but this has proven to be a challenge because most people are tired and at this point they are willing to do whatever it takes to get MONUSCO to leave, even if it means using violence.
What should the international community do to help?
The international community has been hypocritical and has always prioritised their own needs. It is unfortunate that the recent events are happening in a mineral-rich area of our country. Many powerful people have interests there and are willing to do anything to ensure they are protected. That is why so few countries are speaking up against what is happening.
Geography also puts us at a disadvantage. Maybe if we were Ukraine our voices would have mattered but we are the DRC, and international players only care about our resources and not our people. But the people who are getting killed in the DRC are human beings who have families and lives and dreams just like the ones being killed in Ukraine.
The international community must understand that we need peace and security, and that MONUSCO has failed to deliver and needs to leave our country. It must listen to the voice of the people who are sovereign. Listening to the people will be the only way to stop the protests. Trying to stop them any other way will lead to more violence and more deaths.
Civic space in the DRC is rated ‘repressed’ by theCIVICUS Monitor.
Get in touch with LUCHA through itswebsite or itsFacebook page, and follow@luchaRDC on Twitter. -
DRC: 500 political prisoners released under new administration but concerns persist
42nd Session of the UN Human Rights Council
Statement during Adoption of the Universal Periodic Review report of the Democratic Republic of CongoThe Ligue des Droits de la personne dans la région des Grands Lacs (LDGL) and CIVICUS welcome the government of DRC's engagement with the UPR process. We also welcome some positive initial steps with regards to civic space taken by President Félix Tshisekedi during his first nine months in office, including his commitment to release more than 500 political prisoners.
In our joint UPR Submission, we documented that since its last review, DRC has not implemented, nor taken any concrete steps to implement, recommendations relating to civic space. We welcome the government’s acceptance of recommendations on civic space in this UPR cycle, and look forward to their implementation, although we regret that the DRC did not accept recommendations relating to engagement with Special Procedures mandate holders.
Press freedom in DRC is seriously hampered by restrictive legislation, which contains provisions criminalizing press offenses. Journalists are subjected to threats, intimidation, physical attacks, arbitrary arrest and judicial prosecution, with almost complete impunity. TV reporter Steeve Mwanyo Iwewe was sentenced on 1 March 2019 to one year in prison – later reduced to a six- month suspended sentence - on charges of ‘insulting authorities’ while he covered a protest of local state employees.
Under the former administration, protests were systematically banned, protesters arbitrarily arrested and often met with excessive force by security personnel, leading to hundreds of deaths. Although protests are no longer systematically banned, excessive use of force, including the use of live ammunition, is still a recurrent issue. One person was killed during opposition protests in Kinshasa and Goma on 30 June 2019.
Some restrictive draft legislation should be amended or withdrawn. The draft law on the protection of HRDs contains restrictive provisions and limitations that are not in line with the UN Declaration on Human Rights Defenders. The draft modifying the Law on Associations would restrict civic space if approved in its current state.
Mr President, the DRC’s UPR review provides an opportunity for the DRC to put into practice its promises. LDGL and CIVICUS call on the Government of DRC to take proactive measures to implement recommendations relating to create and maintain, in law and in practice, an enabling environment for civil society.
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DRC: Ongoing restrictions on civic freedoms must be addressed and accountability ensured
Statement at 48th Session of the UN Human Rights Council
Item 10: Enhanced Interactive Dialogoue on the High Commissioner's report on the Democratic Republic of Congo
Delivered by Lisa Majumdar
Thank you, Madame President, and thank you High Commissioner for your report. We share your concerns on ongoing restrictions on civic freedoms. Journalists and HRDs continue to face threats, harassment, intimidation and arbitrary arrests, while protests have been at times met with disproportionate force.
In the past few months, under the state of emergency laws in the provinces of Ituri and North Kivu, three journalists - Joël Musavuli, Héritier Magayane and Barthelemy Kubanabandu Changamuka – were killed, and numerous others have received threats. Actualite.cd journalist Sosthène Kambidi was arrested by military officers last month on accusations of “criminal conspiracy, rebellion and terrorism” for being in possession of a video of the murder of two UN monitors in 2017. Kambidi was involved in a media investigation on the circumstances of those murders.
Protests are too often met with disproportionate force on the part of security forces. An opposition protest to demand the depoliticization of the national electoral commission in September 2021 was violently repressed by police officers in Kinshasa, who also beat and assaulted journalists who were covering the protest, including RFI correspondent Patient Ligodi.
Human rights defenders have been subjected to arbitrary detention and judicial harassment for their peaceful activism. LUCHA activists Elisée Lwatumba Kasonia and Eric Muhindo Muvumbu were arrested in April while calling for a strike to protest increasing insecurity. They were charged with “civil disobedience” and “threatening an attack” and released under stringent bail conditions in July. Other LUCHA activists, Parfait Muhani and Ghislain Muhiwa, have been charged with defamation, among other charges, and await trial before the Military Court.
We call on the Tshisekedi administration to ensure that fundamental freedoms are respected, including by reviewing all restrictive legislation, decriminalising press offences, and as a matter of urgency ensuring the protection of human rights defenders and journalists.
To ensure sustained improvements, ending impunity for rights violations, including those against civil society, must be a priority. To this end, we call on the Council to maintain critical ongoing efforts towards accountability, including that of the team of international experts on Kasai. We further ask the High Commissioner how members and observers of this Council can best support those on the ground to prevent further civic space violations.
We thank you.
Civic space in the Democratic Republic of the Congo (DRC) is rated as "repressed" by the CIVICUS Monitor
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DRC: Rapport du Dialogue sur la Démocratie: 12 Juillet 2018
Dialogue sur la Démocratie organisé Yole!Africa, Goma, 12 Juillet 2018
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Human rights monitoring needed in Democratic Republic of Congo
Letter sent to UN Member State Missions
Re: Creating a dedicated country-wide human rights monitoring and reporting mechanism on the Democratic Republic of Congo at the UN Human Rights CouncilYour excellency,
We, the undersigned Congolese, regional, and international organizations, write to urge your delegation to support the creation of a country-wide human rights monitoring and reporting mechanism on the Democratic Republic of Congo at the upcoming 39th session of the United Nations Human Rights Council.
The ongoing human rights violations committed by Congolese security forces and armed groups throughout the country – coupled with a pattern of impunity and the potential for renewed outbreak of large-scale violence in the coming months, amidst a crackdown on human rights in the context of the uncertain electoral process – necessitate increased and dedicated human rights monitoring and public reporting to help prevent further abuses and achieve the goals of accountability.
Congo is facing a human rights crisis, as the authorities clamp down on the rights to freedom of expression and peaceful assembly of critics who insist that President Joseph Kabila has stayed in power beyond his constitutionally mandated two-term limit by delaying elections and suppressing dissent. The elections are now scheduled to be held on 23 December 2018. Civil society and the political opposition in Congo have expressed serious concerns about the credibility, fairness, and inclusivity of the electoral process, and risks of further delays. There is a real risk of more crackdowns and potential political violence as the election deadline nears, with possible consequences throughout the volatile region.
From August 1 to 7, Congolese security forces fired teargas and live ammunition to disperse political opposition supporters, killing at least two people – including a child – and injuring at least seven others with gunshot wounds, during the candidate registration period for presidential elections. Authorities also restricted the movement of opposition leaders, arrested dozens of opposition supporters, and prevented one presidential aspirant, Moïse Katumbi, from entering the country to file his candidacy.
Since 2015, Congolese security forces have killed nearly 300 people during largely peaceful protests. Congolese authorities have banned meetings and demonstrations by the opposition and civil society groups. Hundreds of opposition supporters and democracy activists have been jailed. Many have been held in secret detention facilities without charge or access to family members or lawyers. Others have been tried and convicted on trumped-up charges. The government has also shut down Congolese media outlets, expelled international journalists and researchers, and periodically curtailed access to the internet and text messaging.
The human rights crisis has been linked to political tensions and violence in Congo, which could worsen as the election approaches. Armed groups and security forces have attacked civilians in many parts of the country, including the Kasaïs, the Kivus, Ituri, and Tanganyika. Today, some 4.5 million Congolese are displaced from their homes. More than 100,000 Congolese have fled abroad since January 2018, raising the risk of increased regional instability.
At the Human Rights Council in June, the team of international experts on the Kasai region presented their final report, expressing shock at the magnitude of the violence and the dire human rights situation that has persisted since 2016. An estimated 5,000 people, and possibly many more, have been in killed, and more than 1.4 million people displaced from their homes. No one has been held to
account for the murders in March 2017 of UN investigators Michael Sharp and Zaida Catalán and the disappearance of the four Congolese who accompanied them, and only a few low-level suspected perpetrators have been prosecuted for the violence against Congolese in the region. In July 2018, the Council requested the High Commissioner for Human Rights to dispatch a team of two international human rights experts to monitor and report on the implementation by Congolese authorities of the Kasai investigation’s recommendations.
Since early this year, violence intensified in various parts of northeastern Congo’s Ituri province, with terrifying incidents of massacres, rapes, and decapitation. Armed groups launched deadly attacks on villages, killing scores of civilians, torching hundreds of homes, and displacing an estimated 350,000 people.
Armed groups and security forces in the Kivu provinces also continue to attack civilians. According to the Kivu Security Tracker, assailants, including state security forces, killed more than 580 civilians and abducted at least 940 others in North and South Kivu since January 2018.
In the southeastern province of Tanganyika, more than 200 people were killed, 250,000 others displaced, and numerous villages and displacement camps burned since intercommunal violence broke out in mid-2016. Nobody has been held to account to date, and the situation remains volatile.
Considering the scale and complexity of the human rights challenges in Congo, and the many regions in the country requiring scrutiny, a dedicated mechanism is needed with the mandate to cover the country as a whole which can conduct the needed monitoring and reporting to the Human Rights Council and make recommendations to the government of Congo and the international community with a view to preventing further human rights violations and abuses and achieving accountability. The Council should create such a mechanism in September to complement the work of the UN joint human rights office in Congo and ensure adequate scrutiny and reporting of human rights violations and abuses in the electoral context.
We urge your delegation to support the creation of such a mandate.
With assurances of our highest consideration,
11.11.11
Action pour la Restauration de la Paix et la Justice (ARPJ)
Agir Ensemble pour les Droits de l’Homme (AEDH)
Agir pour des Élections Transparentes et Apaisées (AETA)
Amnesty International
Asian Forum for Human Rights and Development (FORUM-ASIA)
Association Africaine de Défense des Droits de l’Homme (ASADHO)
Association Congolaise pour l’Accès à la Justice (ACAJ)
Association des Femmes Juristes Congolaises (AFEJUCO)
Carrefour pour la Justice, le Développement et les Droits Humains (CJHD-RDC)
CCFD – Terre Solidaire
Centre d’Observation des Droits de l’Homme et d’Assistance Sociale (CODHAS)
Centre d’Études et de Formation Populaire pour les Droits de l’Homme (CEFOP/DH)
Cercle National de Réflexion sur la Jeunesse en RDC (CNRJ-RDC)
CIVICUS: World Alliance for Citizen Participation
Commission Justice et Paix Belgique
Ecumenical Network Central Africa (OENZ)
European Network for Central Africa (EurAc)
Fastenopfer/Action de Carême
Femmes et Enfants en Détresses/Uvira et Fizi (SOS FED)
Forum réfugiés Cosi
Franciscans International
Global Centre for the Responsibility to Protect
Groupe d’Associations de Défense des Droits de l’Homme et de la Paix (GADHOP)
Groupe Lotus
Human Rights Watch
International Commission of Jurists
International Federation for Human Rights Leagues (FIDH)
International Refugee Rights Initiative (IRRI)
Justicia Asbl
La Voix des Sans Voix pour les Droits de l’Homme (VSV)
Ligue des Électeurs (LE)
Never Again Coalition
Nouvelles Dynamiques pour le Développement Rural Intégral (NODRI)
Œil des Victimes des Violations des Droits de l’Homme (OVVDH)
Pax Christi International
PMU
Protection International
Réseau des Femmes pour les Droits des Enfants et des Femmes (REFEDEF)
Réseau des Victimes de l’Insécurité au Congo (REVI Asbl)
Réseau pour la Réforme du Secteur de Sécurité et Justice (RRSSJ)
SAPI
Secours Catholique – Caritas France
The African Centre for Democracy and Human Rights Studies (ACDHRS)
The Enough Project
Tournons la Page
World Organisation Against Torture (OMCT) -
La nécessité de la revalorisation de la liberté d’expression dans la République Démocratique du Congo
Réponse à l’appel ouvert par Diamena-Lema Matundu, activiste pour un Congo Libre
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NGO soldiers on giving holistic care to rape survivors in DRC
CIVICUS speaks to Julienne Lusenge, director of SOFEPADI (Solidarite Feminine pour la Paix et le Development Integral), an NGO based in the Democratic Republic of Congo which supports and empowers women and girls who are rape and domestic violence survivors.
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RDC: 500 prisonniers politiques libérés sous la nouvelle administration mais des inquiétudes persistent
Conseil des droits de l'homme des Nations Unies
Déclaration orale: Adoption du rapport EPU de la République Démocratique du CongoLa Ligue des Droits de la personne dans la région des Grands Lacs (LDGL) et CIVICUS accueillent l’engagement pris par le gouvernement de la RDC dans le processus de l’EPU. Nous saluons également les premières mesures positives prises par le président Félix Tshisekedi au cours de ses neuf premiers mois en ce qui concerne l'espace civique, notamment son engagement à libérer plus de 500 prisonniers politiques.
Dans notre soumission conjointe à l'EPU, nous avons documenté que, depuis son dernier examen, la RDC n'a mis en œuvre ni pris de mesures concrètes pour mettre en œuvre les recommandations relatives à l'espace civique. Nous accueillons l’acceptation par le gouvernement des recommandations relatives à l’espace civique dans ce cycle de l’EPU et nous attendons avec intérêt leur mise en œuvre bien que nous regrettions que la RDC n’ait pas accepté des recommandations concernant l’engagement avec les titulaires de mandat au titre des procédures spéciales.
La liberté de la presse est gravement entravée par des lois restrictives, qui contiennent des dispositions criminalisant les délits de presse. Les journalistes sont soumis à des menaces, à l'intimidation, à des agressions physiques, à des arrestations arbitraires et à des poursuites judiciaires, avec une impunité quasi totale. Le 1er mars 2019, le journaliste Steeve Mwanyo Iwewe a été condamné à un an de prison - plus tard réduit à une peine de six mois avec sursis - pour "insultes aux autorités", alors qu'il couvrait une manifestation d'employés de l'Etat local.
Sous le gouvernement précédent, les manifestations étaient systématiquement réprimées et des manifestants arrêtés arbitrairement. En plus, une force excessive de la part des forces de sécurité depuis faisait des centaines de morts. Bien que les manifestations ne soient plus systématiquement interdites, le recours excessif à la force, y compris l'utilisation de balles réelles, restent un problème récurrent. Une personne a été tuée lors des manifestations de l'opposition à Kinshasa et à Goma le 30 juin 2019.
Certains projets de lois sont restrictifs et devraient être modifiés ou annulés. Le projet de loi sur la protection des DDH contient plusieurs dispositions restrictives et limitations qui ne sont pas conformes à la Déclaration des Nations Unies sur les défenseurs des droits de l'homme, tandis que le projet de modification de la loi sur les associations restreindrait l'espace civique si approuvé en son état actuel.
Monsieur le Président, l’examen de l’EPU offre à la RDC l’occasion de concrétiser ses promesses. La Ligue des droits de la personne dans la région des Grands Lacs et CIVICUS invitent le gouvernement de la RDC à prendre des mesures proactives pour répondre à ces préoccupations et à mettre en œuvre les recommandations visant à créer et à maintenir, en droit et en pratique, un environnement favorable pour la société civile.
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Six countries added to watchlist of countries where civic freedoms are under serious threat
New #civicspace watchlist - Six countries to keep an eye on: https://t.co/E5ih0npWYM pic.twitter.com/gWwAzUCHrz
— CIVICUS (@CIVICUSalliance) August 20, 2018- Bangladesh, Maldives, Cameroon, DRC, Guatemala, Nicaragua join global watchlist
- Escalating rights violations include killings, attacks on protesters, media, opposition
- Neighbours, international community must pressure governments to end repression
Six countries in Asia, Latin America and Africa have been added to a watchlist of countries which have seen an escalation in serious threats to fundamental freedoms in recent weeks and months.
The new watchlist released by the CIVICUS Monitor, an online platform that tracks threats to civil society across the globe, identifies growing concerns in Bangladesh, Maldives, Cameroon, Democratic Republic of the Congo (DRC), Guatemala, and Nicaragua. Activists and civil society organisations in these countries are currently experiencing a severe infringement of civic freedoms, as protected by international law.
Violations include brutal attacks by police on peaceful protests in Nicaragua and Bangladesh; the murder of human rights defenders in Guatemala; the killing of protesters and a brutal state campaign against activists and the political opposition in the DRC; and the prosecution of human rights defenders and journalists on fabricated charges in Cameroon, amidst an escalating civil conflict.
“It is deeply concerning to see escalated threats to basic rights in these countries,” said Cathal Gilbert, CIVICUS Civic Space Research Lead.
“It is crucial that these six governments wake up to their failure to respect international law and take swift action to respect their citizens’ most basic freedoms in a democratic society,” Gilbert said.
“We also call upon neighbouring states and international bodies to do put pressure on these countries to end the repression.”
Over the past year, authorities in Bangladesh have used repressive laws to target and harass journalists and human rights defenders, restrict freedom of assembly and carry out the enforced disappearances of opposition supporters. The human rights situation has deteriorated further ahead of national elections scheduled for late 2018. Members of the Bangladesh Chhatra League (BCL), the student wing of the ruling party Bangladesh Awami League (BAL), have attacked student activists, academics and journalists with impunity.
In Nicaragua, at least 300 people have been killed since protests began in April 2018, with hundreds more kidnapped or missing. The demonstrations were initially sparked by regressive changes to the social security system but grew to include calls for President Daniel Ortega to resign in the wake of his brutal repression of peaceful protests. While large-scale marches have subsided in recent days, some continue amid a tense political situation as the Ortega government continues to silence critics despite agreements struck with international bodies, and an undertaking to allow an IACHR investigation into the violence. Attacks on protestors are perpetrated both by state forces and armed groups aligned with the government.
This year, between January and July alone, at least 18 human rights defenders (HRDs) were killed in Guatemala. There were also two assassination attempts and 135 other attacks, with 32 of those aimed at women HRDs. In early August, United Nations Special Rapporteurs issued a statement raising the alarm at the spike in killings in 2018. Reports from Guatemala indicate that the space for civil society has worsened due to land disputes and actions by corporate interests, the source of targeted violence against specific groups of activists.
Despite the announcement that Congolese president Joseph Kabila will not run for a third term, tensions are still high in the DRC, ahead of scheduled elections in December. In recent months, protestors, youth movements, human rights defenders, journalists and the political opposition have all faced widespread state repression, including arrests. In June this year, CSOs and UN Special Rapporteurs expressed serious concerns about a planned new law that would give authorities power to dissolve non-governmental organisations (NGOs) over public order or national security concerns.
In Maldives, a widespread crackdown on dissent began in February 2018 when a court ordered the release of opposition leaders. This decision led to the arbitrary arrest of judges, scores of opposition politicians and activists as well as the use of unnecessary force by police to disperse peaceful demonstrations. There are also documented cases of people being ill-treated in detention. With elections due on 23rd September 2018, civic space is likely to become increasingly contested. Already in May 2018, the Electoral Commission moved to bar four opposition leaders from running in the upcoming presidential elections.
In Cameroon, an escalating conflict in the country’s Anglophone regions between armed separatists and the government has sparked a mounting humanitarian crisis. It began as protests in 2016, resulting in state repression of protests and the arrest and prosecution of protest leaders. The conflict intensified in recent months with killings and human rights violations committed by both sides. At least 100 civilians, 43 security officers and an unknown number of armed separatists have reportedly been killed, according to an International Crisis Group report. NGOs and human rights defenders have also been targeted.
In the coming weeks, the CIVICUS Monitor will closely track developments in each of these countries as part of efforts to ensure greater pressure is brought to bear on governments. CIVICUS calls upon these governments to do everything in their power to immediately end the ongoing crackdowns and ensure that perpetrators are held to account.
ENDS.
For more information, please contact:
Cathal Gilbert
Grant Clark
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Statement: Investigation needed into human rights violations in the Democratic Republic of the Congo
35th session UN Human Rights Council
Statement on situation of human rights in the Democratic Republic of the Congo
20 June 2017CIVICUS shares the concern of the High Commissioner over the widespread human rights violations committed in the Kasai Central and Kasai Oriental provinces of the DRC since August 2016.
Extrajudicial executions of civilians and other atrocities have been systematically carried out forcing over 30.000 people to flee to neighbouring countries and leaving approximately 1.27 million others internally displaced.
We are concerned by the threats and increased violence targeting journalists including those who covered the massacres in the Kasai region. We express alarm over the closure of private media outlets deemed critical of the government.
Mr. Vice President, peaceful protests held recently were violently repressed and security forces carried out widespread arrests of people suspected of organising or participating in such protests.
We are also concerned about the arbitrary arrest and detention of human rights defenders for exposing failures of the national economy, the provision of social services and democratic reform.
Sadly, some of these human rights defenders are being held in undisclosed locations without access to family members and lawyers. Others have been tortured while in detention.
We urge the Council to launch an independent international investigation into the atrocities committed in the Kasai region and for all perpetrators to be held accountable for their actions.
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United Kingdom responds to CIVICUS members’ Security Council questions
As part of its consultations with civil society during its Presidency of the Security Council for the month of August, the United Kingdom’s Permanent Mission to the United Nations responded to questions submitted by CIVICUS members on the security situations in the Democratic Republic of Congo, Eritrea/Ethiopia, Gaza and Myanmar.
Civil society play an important role in the Security Council’s agenda and CIVICUS thanks the United Kingdom and all members of the Security Council for their ongoing commitment to involving civil society in the council’s workings.
Democratic Republic of Congo
Seven questions were submitted from civil society in the Democratic Republic of Congo reflecting a high level of concern about the security situation there in the lead up to elections in December. Members asked if the Council is monitoring the current situation as well as how the Council plans to prevent deaths during the upcoming elections.
The Security Council is monitoring the situation in DRC closely. In resolution 2409 we asked the Secretary General to provide us with 30 day reports. The Council also discusses the DRC frequently. The Security Council continues to underline the importance of peaceful, credible, inclusive and timely elections on 23 December 2018, in line with the electoral calendar, leading to a peaceful transfer of power, in accordance with the Congolese Constitution. The Security Council also continues to stress the importance of protecting civilians, including through the mandate for MONUSCO which includes the protection of civilians as a strategic priority. During the UK Presidency, there was a Security Council briefing on the DRC, focusing on the upcoming elections. The Ambassador’s statement can be found here.
Eritrea-Ethiopia
A question on Eritrean-Ethiopian relations noted that the relationship has begun to normalise and improve rapidly. While there is no doubt that international and regional efforts have played a role in this improvement it is remarkable that there has been a push for an improvement of human rights and the democratic situation on the Ethiopian side but that the same has not been extended to Eritrea. Does the Security Council now plan to push to improve the human rights situation in Eritrea?
The Security Council issued a statement on the Signing of Joint Declaration of Peace and Friendship between Eritrea and Ethiopia on 9 July 2018.
Gaza
Palestinian Consultative Staff for Developing NGOs, from the West Bank asked about why the Council is reducing UN Relief and Works Agency (UNRWA) services, especially to children, women and elderly people. They also asked if the Security Council would consider visiting Gaza.
UNRWA was established and is mandated by the UN General Assembly. The possibility of service suspension due to UNRWA’s current financial shortfall is a matter of grave concern to members of the Security Council; as was expressed during the 22 August Council consultations on the situation in the Middle East.
The UK remains firmly committed to supporting UNRWA and Palestinian refugees across the Middle East. In the face of growing financial pressures, the UK has provided approximately $60 million USD in 2018. We continue to urge others to provide additional funding and regular disbursements to ensure that UNRWA can continue its essential work.
The Security Council is following closely and with concern the situation in Gaza, including through regular briefings such as that provided to the Council on 22 August by Under-Secretary-General Rosemary DiCarlo.
Myanmar
Maisaa Alamoodi a women’s rights activist from Saudi Arabia asked if the Council would consider imposing sanctions on the Government of Myanmar if it continues to abuse the rights of the Rohingya and prevent their safe return home.
The UK’s overriding long term aim is the safe, voluntary and dignified return to Rakhine, under international monitoring, of as many as possible of the million Rohingya refugees currently in Bangladesh. We currently do not deem the conditions are right for the refugees to return. We will support Burma to do this, but it needs to make tangible improvements on the ground. Most immediately, Burma should allow the UN unfettered access to northern Rakhine.
The UK has welcomed Burma’s announcement of a Commission of Inquiry into the violence in Rakhine. It is now essential that the Burmese government now sets out how the investigation will be credible, transparent and impartial. We are still awaiting the ICC's decision if it has jurisdiction over Rohingya deportations to Bangladesh (a Rome Statute signatory).
Other questions received from CIVICUS members this month covered civic freedoms in Colombia, the withdrawal of UNAMID troops from Darfur, food insecurity in the Sahel, the relocation of the United States Embassy to Jerusalem, the deterioration of civic space in Uganda, Sudanese leader, Omar Al Bashir’s case in the International Criminal Court and the global threat of cyber crime.
These question/response are the outcomes of a Monthly Call to CIVICUS members to submit their question to the President of the UN Security Council. This is an opportunity for members to connect with an important international forum where decisions are made. CIVICUS staff pose the questions on CIVICUS members’ behalf during the President’s brief each month. Stay in touch and be part of this action by joining CIVICUS as a member.
For more information please contact Lyndal Rowlands,
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Violent attacks on peaceful protests in the DRC: Civil society writes open letter to President Joseph Kabila
One hundred and eighty-five civil society organisations from 33 African countries have written an open letter to President Joseph Kabila of the Democratic Republic of Congo (DRC) raising concerns over ongoing attacks on protestors and the targeting of human rights defenders.
Recently, on 19 September 2016, security forces violently dispersed protests by citizens who criticised the failure of the electoral commission - Commission Electorale Nationale Independente(CENI) to meet the deadline for announcing the timeframe for the next elections. The government announced that 17 people, including three police officers were killed during clashes although civil society and political observers argue that the figure is much higher. Several protesters also suffered from gunshot wounds.