A/HRC/39/42
prosecuted. At least 143 political prisoners and prisoners of conscience, including 12
women, were still in detention when this report was drafted.
13.
In addition, incommunicado detentions persist, imposed by the security services and
the National Intelligence Agency, including for long periods and without any judicial
oversight. These detentions are targeting, among others, civil society campaigners and
activists from opposition parties.
14.
In addition, arrests and convictions in connection with the exercise of fundamental
freedoms have continued. During the reporting period, the Joint Human Rights Office has
documented arbitrary arrests and other violations of the right to liberty and security of
person against 2,252 victims, including at least 103 women, in the exercise of their rights to
freedoms of expression and opinion, demonstration and peaceful assembly or association.
Several of these arrests were followed by convictions by the courts, indicating that the
courts are being used for political purposes. Media offences and the offence of insulting the
Head of State remain on the statute book and continue to lead to convictions.
15.
By contrast, few officials have been convicted for deeds constituting violations of
civil and political rights or fundamental freedoms.
16.
Threats and intimidation against journalists and disproportionate restrictions of
freedom of expression by the authorities have continued, with at least 90 journalists
experiencing violations during the reporting period. In addition, on 3 August 2017, the
Ministry of Communication and Media cancelled the accreditation of the Reuters
correspondent in the Democratic Republic of the Congo. The Ministry has also restricted
the freedom of movement of foreign journalists, requiring them to obtain prior
authorization before travelling outside Kinshasa. On 10 May 2018, the authorities expelled
two foreign journalists for breach of these procedures.
17.
The jamming of certain radio stations, including Radio France Internationale (whose
signal was restored in August 2017 after being blocked for nine months) and Radio Okapi,
along with the suspension of Internet and text messaging services throughout the country
also continued, in particular during major peaceful demonstrations, impeding the freedoms
of expression and of the press.
18.
While the Government announced the lifting of the general ban on demonstrations,
including during the thirty-seventh session of the Human Rights Council, in March 2018,
the authorities have continued severely to restrict the right to freedom of peaceful assembly,
including through such measures as the general prohibitions on demonstrations imposed by
local authorities in a number of cities and provinces. These policies are intrinsically
disproportionate, as they are adopted without any consideration of the specific
circumstances of each proposed meeting. They are therefore at variance with international
human rights law and the Constitution of the Democratic Republic of the Congo. In
addition to the general prohibitions, local authorities have regularly banned demonstrations
about which they had been notified in compliance with the Constitution.
19.
The Joint Human Rights Office has continued to monitor the implementation of
discriminatory measures relating to the authorization of demonstrations. While
demonstrations by the opposition tend to be prohibited, those organized by the presidential
majority are normally permitted. Where opposition parties and civil society organizations
have been able to organize demonstrations, notably those calling for the implementation of
the Global and All-Inclusive Agreement of 31 December 2016 and for the holding of
elections, these have routinely been suppressed by the authorities, including through the
illegal use of force by the security and defence forces.
20.
The High Commissioner condemns the violent suppression of protests and violations
committed in impeding the legitimate exercise of fundamental freedoms. During the
countrywide demonstration organized on 31 July, 15, 28 and 30 November, 19 and 31
December 2017, and 21 January and 25 February 2018, the actions of the defence and
security forces resulted in the deaths of at least 19 persons (including at least two women),
at least 251 persons were injured (including at least eight women) and at least 1,040 people
were arbitrarily arrested (including at least 11 women). The High Commissioner notes that
some efforts have been made to establish criminal liability, such as the sentencing of a
4
GE.18-13336
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