A/HRC/33/36
13.
During the demonstrations of 26 May, the Office documented 77 human rights
violations nationwide. In four cities, demonstrations were held without incident, with good
police oversight, but in 16 other cities, the local administrative authorities and/or the
Congolese national police impeded or violently dispersed the demonstrations (the majority
of which had been banned). Two people were shot dead by agents of the national police
force and 18 persons were injured in these events, and 101 persons were arrested between
23 and 26 May 2016 in connection with the demonstrations. Nine of them were still being
detained when this report was drafted in June 2016. Moreover, at least two staff members
of the United Nations Organization Stabilization Mission in the Democratic Republic of the
Congo (MONUSCO) were threatened by members of the National Intelligence Agency
while they were observing the events in the course of their work.
14.
Persons who had declared their candidacy for the presidential election were
subjected to intimidation. For example, on 14 February 2016, members of FARDC and the
National Intelligence Agency arrested national deputy Martin Fayulu, president of the
opposition party Engagement pour la citoyenneté et le développement (Commitment to
Citizenship and Development) at party headquarters in Kinshasa, then beat him when he
resisted arbitrary arrest. He was detained for a few hours at military intelligence
headquarters for distributing leaflets advocating a day of protest (“dead town”) on 16
February.
15.
In June 2016, 39 persons who had been arrested in connection with the exercise of
their fundamental freedoms or for political reasons were still in detention, including in
pretrial detention, in Lubumbashi, Goma and Kinshasa. The citizen’s movement Lutte pour
le changement (Struggle for Change) (LUCHA) was targeted in particular, with at least 15
members convicted by the courts for exercising their fundamental freedoms. In the case of
Fred Bauma, arrested in Kinshasa on 15 March 2015 by PNC and ANR agents during a
workshop organized by Platform Filimbi, his trial for participation in an insurrectional
movement and endangering State security is ongoing. The Working Group on Arbitrary
Detention adopted an opinion stating that the ongoing detention of Fred Bauma was
arbitrary and that it began when he was exercising his freedom of expression and opinion.4
The Working Group requested the Government to release him without delay and to remedy
the serious material and non-material damage that he has suffered. Several special
rapporteurs, including those on torture and other cruel, inhuman or degrading treatment or
punishment and on the situation of human rights defenders, have expressed concern about
this case and others submitted to them.
16.
Little progress has been observed in strengthening the role of women in the electoral
process. Positive initiatives to promote equality and parity include improvements in the
legislative framework, such as an amendment to the Family Code aimed at abolishing all
discriminatory provisions, as well as Act No. 15/013 of 1 August 2015 on the
implementation of women’s rights and equality, which stipulates, inter alia, that women
must be represented in the political and administrative field, although it includes no quota
or binding measures to ensure parity, as provided for in the Constitution.5 Women are still
underrepresented in political positions, at both the national and municipal levels. For
example, during the elections of governors and vice-governors of 21 new provinces in
March 2016, only one woman was elected Governor, in the province of North Ubangi, and
five were elected Vice-Governors, in the provinces of Tshuapa, Equateur, Haut Katanga,
Haut Lomami and Lualaba.
4
5
6
A/HRC/WGAD/2015/31, paras. 20 and 21.
Article 14 of the Constitution of the Democratic Republic of the Congo (February 2006) states:
“Women have the right to equitable representation in national, provincial and local institutions. The
State shall ensure parity between men and women in such institutions.”
GE.16-13984
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents