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

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