A/HRC/45/49
about the universal periodic review recommendations. Further capacity-building activities in
aid of the commission took place in November 2019 and in February and May 2020. For
example, in May 2020, the Joint Office made available to the Commission documents and a
discussion paper on the proposed bill on the protection of persons with disabilities and the
proposed bill on the protection of pygmy indigenous peoples currently before Parliament.
65.
A national committee for the prevention of torture was established on 7 November
2019 by ministerial order, which is a positive development. However, this committee will
have to comply with the guidelines on national preventive mechanisms of the Subcommittee
on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
with respect to the committee’s functioning and guarantees of independence.
66.
On 20 August 2019, the Government established a ministry attached to the Ministry
of Social Affairs with responsibility for persons with disabilities and other vulnerable
persons. The Joint Office has undertaken to support this ministry in drafting a five-year
national strategic plan and a bill on the protection of persons with disabilities and developing
relations with United Nations treaty bodies and special procedures mandate holders. The
Joint Office’s support also included funding for some outreach activities, such as White Cane
Day and the International Day of Persons with Disabilities.
IV. Conclusions and recommendations
A.
Conclusions
67.
During the reporting period, the human rights situation in the Democratic
Republic of the Congo deteriorated, in particular as a result of increased attacks by
armed groups in the conflict-affected provinces, which led to a high number of human
rights violations and abuses, including sexual violence. The opening of democratic space
has led to a decrease in violations of civil and political rights, but restrictions on the
exercise of fundamental freedoms persist, including the unjustified and
disproportionate use of force to suppress demonstrations, as well as arbitrary arrests
and detentions and threats and attacks against journalists and members of civil society.
68.
In order to put an end to the cycles of violence, do justice to the victims of
violations and ensure greater protection of human rights, it is crucial to support efforts
to combat impunity, strengthen national mechanisms for the protection and promotion
of human rights, and develop transitional justice initiatives and actions aimed at
improving economic, social and cultural rights, which the COVID-19 pandemic has
further highlighted.
B.
Recommendations
69.
The High Commissioner recommends that the Government of the Democratic
Republic of the Congo:
(a)
Continue the opening up of democratic space, and guarantee the
protection of the rights and freedoms of all, including political opponents, journalists,
human rights defenders and other civil society actors;
(b)
Prosecute the perpetrators of serious human rights violations committed
during the violent repression of the demonstrations related to the electoral context in
2016, 2017 and 2018 and events involving members of the Bundu Dia Kongo movement
in Kinshasa and Kongo Central from 30 March to 22 April 2020;
(c)
Enact the law establishing measures to uphold freedom of demonstration
in accordance with the Constitution and the international obligations of the Democratic
Republic of the Congo;
(d)
Ensure that the bill on the protection and accountability of human rights
defenders and the bill on the general provisions applicable to non-profit associations
and public service institutions fully guarantee the rights of all persons to the protection
12
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