A/HRC/33/36
and that members of political parties, journalists and human rights defenders are able to
carry out their activities freely, in conformity with international standards.2 At the thirtyfirst session of the Human Rights Council, the Special Rapporteur on the situation of
human rights defenders and other rapporteurs regretted the lack of cooperation by the
authorities, which had responded to only one of their communications.
1.
Current situation and action taken by the Government
7.
During the reporting period, State actors were responsible for a great many
violations of fundamental freedoms. The United Nations Joint Human Rights Office
documented 553 human rights violations related to the restriction of democratic activities
nationwide between June 2015 and May 2016, mainly in provinces where opposition
parties and civil society actors are particularly active, and in the towns of Kinshasa,
Lubumbashi, Kalemie, Bukavu and Goma.
8.
The most frequently documented violations concerned the right to liberty and
security of the person and the freedoms of peaceful assembly, expression and opinion. The
victims were mainly members of opposition political parties (402 victims) and
representatives of civil society (200 victims). Those who are alleged to have committed the
violations recorded are mainly members of PNC and of the National Intelligence Agency
(ANR).
9.
In the pre-electoral context,3 restrictions on civil liberties, threats and intimidation
against members of political parties and civil society and journalists, arbitrary arrests and
detentions and executive interference in the administration of justice are particularly
worrying developments. This trend, steadily increasing since January 2015, is likely to
affect the credibility of the electoral process, particularly as, to the knowledge of the Office,
only one agent of the State has been investigated or prosecuted for acts constituting such
violations.
10.
On 14 December 2015, Parliament adopted a law establishing modalities for
ensuring the freedom to demonstrate, subject to prior notice, in accordance with the
Constitution and international law. However, the Office of the President has returned the
text to Parliament for review.
11.
Since then, general prohibitions on demonstrations were enacted by local authorities,
for example in Kalemie, Lubumbashi and Bandundu, in violation of the principles of
necessity and proportionality. The Office has observed that different principles are applied
by the local authorities and security forces, depending on the political affiliation of the
organizers. In fact, demonstrations by the opposition and civil society are in most cases
prohibited, while those of the presidential majority are generally permitted.
12.
By way of example, at least 12 events planned by opposition groups and civil
society in several cities throughout the country on 26 May 2016 have been banned by the
administrative authorities concerned, although prior notice of these events was given. Their
purpose was to call for the organization of elections within the constitutional time frame
and to condemn recurrent massacres in Beni, North Kivu province. They followed a ruling
by the Constitutional Court on 11 May 2016, interpreted by many as authorizing the current
President to remain in power beyond the end of his term, until a new President may take
office.
2
3
GE.16-13984
A/HRC/27/5, para. 134.134.
According to the Constitution, presidential and legislative election must be held before the end of
2016.
5
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