A/HRC/39/42
Central in 2016–2017 and an annual report on its activities. Three Commission delegates
have been seconded to the joint commission to investigate allegations of human rights
violations in connection with the demonstrations of 31 December 2017 and 21 January
2018 in Kinshasa, and have supported its investigative work and the preparation of its final
report.
IV. Conclusions and recommendations
A.
Conclusions
79.
During the reporting period, the human rights situation in the Democratic
Republic of the Congo has been characterized by a sharp increase in encroachments
on civil liberties and a continued shrinking of the democratic space. The persistence of
acts of harassment, threats and intimidation against journalists, political opponents
and human rights defenders, together with the prohibition and violent breaking up of
peaceful demonstrations by State agents, is of particular concern as the elections
scheduled for December 2018 draw nigh.
80.
The increased activism of armed groups and the response by the State has
continued to result in serious human rights violations in conflict areas, including an
alarming number of cases of sexual violence.
81.
It is essential to support the efforts to counter impunity observed during the
reporting period and urgently to open up the democratic space, with the aim of
creating the necessary conditions for an electoral process which is inclusive, peaceful
and credible.
B.
Recommendations
82.
The High Commissioner recommends that the Government of the Democratic
Republic of the Congo:
(a)
Guarantee protection of the rights and freedoms of all persons, including
political opponents, journalists and other civil society activists, and ensure that any
restriction of these freedoms is consistent with the principles of legality, necessity and
proportionality, in conformity with international law;
(b)
Proceed with the immediate release of all political prisoners and
prisoners of opinion, in order to create conditions conducive to the holding of
inclusive, peaceful and credible elections, in accordance with the Global and AllInclusive Agreement of 31 December 2016 and the electoral timetable of 5 November
2017;
(c)
Forthwith lift the blanket ban on demonstrations imposed throughout
the country and enact without delay the law establishing modalities for ensuring the
freedom to demonstrate in accordance with the Constitution and the international
obligations of the Democratic Republic of the Congo;
(d)
Ensure that the use of force by State agents, including in the context of
crowd management operations and military operations against the armed groups and
militias, strictly complies with the rules of international human rights law and
international humanitarian law;
(e)
Conduct as soon as possible independent, thorough, credible,
transparent and impartial investigations into allegations of serious human rights
violations and abuses, including those committed by State officials in the context of
demonstrations and by all parties in the provinces affected by the conflict, bring the
presumed perpetrators to justice and ensure prompt and proper redress for the
victims;
GE.18-13336
13
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents