A/HRC/19/48
38.
Although the 2006 Constitution abolished the obligation to request authorization for
the organization of demonstrations and substituted it with a system of prior notification,
authorities still treat demonstrations which appear to be contrary to their interests as
prohibited. On 1 September 2011, for example, PNC agents and FARDC soldiers dispersed
a demonstration by the Union pour la démocratie et le progrès social (UDPS) in MbujiMayi, Kasai Oriental; they allegedly used tear gas and shot live rounds in the air.
Reportedly, 35 civilians were arrested, several of whom were wounded as a result of illtreatment in detention. During demonstrations, journalists are regularly harassed, beaten
and their equipment is confiscated.
39.
In several instances, the Government directly interfered with the freedom of the
media. On 9 July 2011, for instance, the Minister of Communications and Media prohibited
the broadcasting of Radio Lisanga Television, an opposition-owned broadcasting station.
The signal was re-established on 14 July 2011, following a new ministerial decision. Since
the establishment of the CSAC in August 2011, this media-regulating body is the only
institution with the authority to impose administrative sanctions on the media and regulate
their deontological ethics.26 The High Commissioner therefore welcomed its establishment,
but was concerned that it was being established too close to the election date to be fully
operational during the pre-electoral period.
40.
On 9 November 2011, UNJHRO published a report on human rights and
fundamental freedoms during the pre-electoral period in the Democratic Republic of the
Congo,27 in which it denounced a number of human rights violations and acts of violence
targeting political party members, journalists and human rights defenders since November
2010. The report warned that such incidents could endanger the democratic process and
lead to post-electoral violence; it formulated recommendations, including for the Congolese
Government, to put an end and prevent the commission of further violations.
Activities of the Joint Human Rights Office
41.
Throughout the entire pre-electoral period, UNJHRO organized activities aimed at
strengthening monitoring activities throughout the country, including by human rights
NGOs, and preventing elections-related human rights violations. In this respect, UNJHRO
held workshops in the provinces to reach officials, political parties and the media. Round
tables were organized to bring together judicial and military authorities, journalists and
human rights defenders to improve the protection of the latter before, during and after the
elections. Police forces were provided training, in cooperation with other United Nations
entities, including the United Nations Police (UNPOL).
42.
Monitoring activities to document and verify election-related human rights incidents
were reinforced in cooperation with national human rights organizations. UNJHRO
facilitated coordination and the exchange of information between MONUSCO,
international organizations and national NGOs with a view to timely identifying and
addressing incitation to violence or hate speech as early as possible. Moreover, trials
involving members of political opposition parties and journalists were closely monitored to
determine whether the judiciary was being used a political tool. Once determined,
UNJHRO followed up individual cases of human rights violations and tried to find
appropriate redress through advocacy for the release of political detainees or supporting
judicial authorities.
26
27
14
Loi No. 11/001 du 11 janvier 2011 portant création, attribution et organisation du Conseil Supérieur
de l’Audiovisuel et de la Communication; Ordonnance présidentielle No. 11/054 of 12 August 2011.
OHCHR, “Report of the United Nations Joint Human Rights Office on human rights and fundamental
freedoms during the pre-electoral period in the DRC,” November 2011.
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