A/HRC/13/64
of Les amis de Nelson Mandela pour la défense des droits humains (AMDH), who had been
in detention for having denounced what he considered slave-like working conditions in a
company in Bas-Congo Province, was provisionally released after close to two months in
detention. These cases illustrate that the judiciary is being used as a tool to intimidate those
whom the Government perceives as opponents.
34.
Activists and journalists face arbitrary arrests, intimidation, ill-treatment and death
threats on a daily basis. During the night of 27 to 28 July 2009, in the town of Kanshi, in
Mbuji Mayi, a group of five armed individuals, wearing FARDC uniforms, reportedly
broke into the premises of a local NGO, Centre d’étude et de formation populaire pour les
droits de l’homme (CEFOP/DH), and ordered the guard to provide them with the address of
the head of the organization. The guard refused to cooperate and was reportedly tortured.
On 18 August 2009, three human rights activists were arrested at Mpemba, Katanga
Province. They were allegedly subjected to ill-treatment by two ANR agents and one PNC
officer. A similar pattern of repression exists for victims and witnesses.
Actions taken by the United Nations Joint Human Rights Office
35.
As Congolese authorities have been slow to act to increase protection of human
rights defenders, both responsive and proactive measures have been taken by other
stakeholders. UNJHRO pays special attention to allegations of human rights violations
against human rights activists, journalists, victims and witnesses as they are often the target
of repression by public authorities for speaking out against government policy or the
problematic realities in the country. Besides intervening in these cases, UNJHRO also takes
measures to prevent them. Through a project funded by the European Commission,
UNJHRO has established a national network of human rights NGOs specialized in the field
of protection and provided capacity-building to them in nine provinces. Moreover, NGOs
have organized themselves in provincial protection networks. In cooperation with
UNJHRO, these networks have taken many protective measures for persons who are
threatened by relocating them and providing them with medical, psychosocial, socioeconomic and legal assistance thanks to a protection trust funded with the support of
Switzerland, Sweden and the United Kingdom of Great Britain and Northern Ireland.
Obstacles to the implementation of existing recommendations
36.
High-ranking government officials sustain a climate of intimidation and repress
opposition views rather than encouraging public dialogue and scrutiny of governance.
Police, military, judicial and especially political authorities have not always valued the
nature and legitimacy of the work done by human rights defenders and journalists. They
claim to lack the means to carry out their own protection functions. Moreover, victims and
witnesses are often reluctant to testify because they fear acts of retaliation for speaking out
or bringing a claim, as they have a right to do.
F.
Administration of justice and impunity
Existing recommendations
37.
The existing recommendations in the area of administration of justice and the fight
against impunity call for strengthening the justice system and law enforcement. The
Congolese parliament should bring existing legislation into conformity with international
standards and give priority to the adoption of fundamental laws for the reform of the justice
system. It should enact legislation establishing the constitutional court and a credible,
independent national human rights commission. The legislative body should also pass the
implementing legislation for the Rome Statute of the International Criminal Court. In
addition, Congolese State institutions should enable the judiciary to fulfil its constitutional
GE.10-10563
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