A/HRC/39/42
police officer to life imprisonment for murder, attempted murder, diversion of ammunition,
illegal possession of a weapon of war and disobeying instructions on 26 February 2018 in
Mbandaka (Equateur Province).
21.
The establishment by the Government of a joint commission to investigate alleged
human rights violations committed in connection with the demonstrations of 31 December
2017 and 21 January 2018, which completed its work on 10 March 2018, has been an
encouraging development. The commission, supported by the Joint Human Rights Office,
drew up relevant recommendations in response to the violations that had been committed
and to guarantee the exercise of fundamental freedoms. The Commission stressed the need
for criminal investigations to be carried out into the violations and human rights abuses
committed in connection with the demonstrations, and also for the provision of medical
care and the establishment of a compensation fund for the victims. At the time of writing of
the present report, implementation of these recommendations remained limited.
22.
The High Commissioner regrets that the provisions of the act on the protection and
accountability of human rights defenders, passed by the National Assembly on 20
November 2017, have the effect of restricting the activities of human rights defenders,
rather than protecting them. The bill on non-profit associations and public service
institutions, under consideration by the political, administrative and judicial committee of
the National Assembly, continues to raise concerns, including those prompted by the overly
burdensome administrative requirements, the State’s discretionary powers over the
registration of associations, the lack of judicial oversight and restrictions on funding.
Lastly, no progress has been made towards adoption of the bill establishing modalities for
ensuring the freedom to demonstrate and the right of access to information.
23.
Scant progress has been made in enhancing the role of women in the electoral
process. The new electoral act, which was promulgated on 24 December 2017, lacks any
provision making the admissibility of the lists submitted by political parties conditional
upon the inclusion of a minimum quota of women candidates. All the same, during the
voter identification and registration exercise, followed by the cleaning up of the electoral
rolls, the registration rate of women was 51 per cent.
2.
Action taken by the Joint Human Rights Office
24.
The Joint Human Rights Office has continued its documentation work and has
followed up alleged violations of human rights during the electoral process and also the
situation of political prisoners and prisoners of conscience.
25.
The Joint Human Rights Office submitted a number of recommendations with a
view to opening up the democratic space, ensuring compliance with both national and
international rules and standards regarding the use of force, and combating impunity for the
perpetrators of human rights violations, based on the report on the use of illegal, unjustified
and disproportionate force in the management of public demonstrations in the Democratic
Republic of the Congo from January 2017 to January 2018, jointly published by OHCHR
and the Mission of the United Nations Organization Stabilization Mission in the
Democratic Republic of the Congo (MONUSCO). 4
26.
The Joint Human Rights Office has also alerted the Government to the lack of
progress in the implementation of the recommendations set out in two investigation reports
issued by OHCHR and MONUSCO in 2017 on human rights violations committed in
connection with the demonstrations of 19–21 September 2016 in Kinshasa and 19
December 2016 across the entire country. 5
4
5
GE.18-13336
See www.ohchr.org/Documents/Countries/CD/BCNUDH-Report_March2018.pdf.
Report on human rights violations in the Democratic Republic of the Congo in the context of the
events of 19 December 2016 (www.ohchr.org/Documents/Countries/CD/UNJHRO
December2016_en.pdf) and preliminary investigation report on human rights violations and violence
perpetrated during demonstrations in Kinshasa between 19 and 21 September 2016
(www.ohchr.org/Documents/Countries/ CD/UNJHROSeptember2016_en.pdf).
5
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