A/HRC/39/42 A. Human rights and fundamental freedoms in the context of elections 8. In its consideration of the previous periodic report submitted by the Democratic Republic of the Congo, the Human Rights Committee of the United Nations called on the Government to respect the constitutional right of every citizen to participate in public affairs and to take all necessary measures in order to increase the participation of women in public life, in particular their representation at the highest levels of Government (see CCPR/C/COD/CO/4, paras. 16 and 48). The Committee also recommended legislative measures to ensure that any restriction on the exercise of freedom of expression complied with the strict requirements set out in the International Covenant on Civil and Political Rights. It also recommended the investigation, prosecution and conviction of persons responsible for harassment, threats or intimidation against journalists, political opponents and human rights defenders (ibid., para. 40). In addition, the Committee called for the decriminalization of media offences and the offence of insulting the Head of State and the adoption of measures to guarantee the rights of all persons to the protection and promotion of human rights. The Committee also called for the harmonization of the legislative framework with the Constitution to guarantee the right to peaceful assembly and to prevent and eliminate all forms of excessive use of force by officers of the police and security services (ibid., paras. 40, 42 and 44). 9. During the reporting period, the special procedures of the Human Rights Council called on the Government, on two occasions, to put an end to violations of civil and political rights and to the widespread climate of repression against civil society. 1 Some delegations also expressed concern regarding the bill to regulate the work of nongovernmental organizations2 and requested the Government to take all the necessary measures to ensure that its provisions and their implementation did not violate the freedoms of expression, association and peaceful demonstration (see COD/2/2017, 15 November 2017). 1. Current situation and action taken by the Government 10. The sharp increase in the number of violations of civil and political rights continues to threaten the democratic environment and the credibility of the electoral process as the elections scheduled for 23 December 2018 draw near. Between June 2017 and May 2018, the United Nations Joint Human Rights Office in the Democratic Republic of the Congo documented 1,466 violations associated with restrictions on democracy throughout the country, representing a 35 per cent increase over the previous period (1,080 violations), almost half of which were committed by Congolese national police officers. 11. The opening up of democratic space is critical to an electoral process which is inclusive, transparent, peaceful and credible. Despite repeated commitments in this regard, the Congolese authorities have continued to impose more and more restrictions, both disproportionate and unjustified, on public freedoms. Acts of violence, threats, harassment and intimidation against persons perceived as critical of the regime have increased, targeting in particular the leaders or members of opposition parties, civil society activists, human rights defenders and journalists and other media personnel. 12. While there have been releases of political prisoners and prisoners of conscience during the reporting period, there has been no progress on the high-profile cases mentioned in the Global and All-Inclusive Agreement of 31 December 2016. The Minister of Justice has taken measures for the granting of parole and unconditional release,3 but has excluded the offences for which political prisoners and prisoners of conscience are usually 1 2 3 GE.18-13336 See UA COD 2/2018, 26 January 2018 (https://spcommreports.ohchr.org/TMResultsBase/ DownLoadPublicCommunicationFile?gId=23600) and UA COD 3/2018, 27 February 2018. (https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=23645). Bill amending and supplementing Act No. 004/2001 of 20 July 2001 on general provisions applicable to non-profit organizations and public service institutions. See the report of the twelfth extraordinary meeting of the Council of Ministers (www.ppdrcgov.net/compterendus.php). 3