

RDC: Avis Favorable relatif a la demande d’agreement de la China Taithe Bank of Congo SA en qualite de banque operant en Republique Democratique Congo (01.10.2016)







The ban was imposed in September after a series of large demonstrations that were brutally supressed by security forces, reportedly leaving dozens of people dead and injured.
GENEVA, Switzerland, November 3, 2016 – A group of United Nations human rights experts* has called on authorities in the Democratic Republic of the Congo (DRC) to lift an “unjustified” ban on protests in the capital, Kinshasa, amid social discontent over delayed presidential elections.
The ban was imposed in September after a series of large demonstrations that were brutally supressed by security forces, reportedly leaving dozens of people dead and injured.
“The rights to freedom of expression and freedom of peaceful assembly and of association are fundamental rights guaranteed by international law. These rights can only be restricted in very specific and narrowly defined circumstances,” the experts said.
“It is clear that the current situation in the DRC does not justify a general ban on demonstrations in several cities,” they noted. “In fact, given that the country is in a hotly disputed election period, people should be given more space, not less, to express their democratic freedoms.”
Since the ban on protests in Kinshasa took effect on 22 September, at least four demonstrations have been cancelled.
The UN experts have also raised fears over the National Dialogue agreement which took effect in October, postponing presidential elections beyond the constitutional deadline.
The agreement could be used to justify new and unacceptable restrictions on the legitimate activities of civil society organizations, violating their right to freedom of association, the experts warned.
“The protest ban and the restrictive tone of the National Dialogue agreement are both disturbing signs that democratic space is rapidly dissipating in the DRC, with human rights organizations and opposition parties bearing the brunt of the repression,” the independent experts said.
“In view of forthcoming demonstrations, in particular those planned for 5 November, we urge the Congolese authorities to revoke its decision to ban demonstrations,” they stated.
“The DRC is obligated to facilitate assembly and association rights and to protect people who exercise these rights,” the experts noted. “It is of the utmost importance that the country allows the development of an inclusive and participatory civil society sector at this critical juncture in the development of its democracy.”
The ban is the fourth of its kind in the DRC since 2015. Two remain in force, affecting Kalemie in Tanganyika province and Lubumbashi in Haut Katang.
The crackdown on protests in Kinshasa in September prompted an earlier statement from the experts, who condemned the authorities’ repeated use of “excessive force”, which included firing tear gas and live ammunition into crowds of protesters (check the September 2016 statement: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20573&LangID=E).
(*) The experts: Mr Maina Kiai, Special Rapporteur on freedom of peaceful assembly and of association, Mr. David Kaye, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and Mr. Michel Forst, Special Rapporteur on the situation of human rights defenders.







The newest report from Office of the United Nations High Commissioner for Human Rights (OHCHR) together with United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) dropped a report about Human Rights violations this October. These shows the violations of human rights, killings and rapes that have happen over a certain time period. The reports themselves say enough about the extent of how the Government and their Security Organizations does, plus the guerrilla warfare and the results of that in the DRC.
The reports are vivid and direct from political prisoners to rape incidence… the words themselves of what they did to the civilians there. Take a look!
“Initiatives and public advocacy conducted by the Congolese authorities, with the support of the international community, have resulted in the conviction of State agents for sexual violence in conflict in at least 231 cases, during the period under review. Also, according to information made available to the UNJHRO, at least 447 soldiers of the Congolese National Army (Forces armées de la République démocratique du Congo – FARDC) and 155 agents of the Congolese National Police (Police nationale congolaise – PNC) have been convicted for acts constituting human rights violations during the period under analysis. Despite the remarkable efforts made and considering the structural and financial difficulties facing the judicial system, this is a very low number compared to the 4,032 human rights violations committed by State agents. This, in addition to other factors, also shows that lack of effective prosecution contributes to the commission of other violations” (OHCHR/MONUSCO, P: iv, 2016).
Conflict Areas of Congo:
“During the reporting period, the six provinces affected by the conflict in eastern DRC, namely Ituri, North Kivu, South Kivu, Haut-Uélé, Bas-Uélé and Tshopo provinces registered the highest numbers of 5 human rights violations and abuses, which were mainly committed by combatants of more than 30 different armed groups. Between 1 January 2014 and end of March 2016, among the armed groups, the combatants of the Democratic Forces for the Liberation of Rwanda (FDLR) committed the largest number of abuses (685), followed by the Front for Patriotic Resistance in Ituri (FRPI) (662) and the Lord’s Resistance Army (LRA) (424). These abuses were mainly committed during attacks launched on villages, in a bid to control territories rich in natural resources or in reprisal against some individuals suspected of cooperating with parties to the conflict” (…) “. State actors have also committed human rights violations in eastern DRC, in particular FARDC soldiers and PNC agents. These State actors, mainly FARDC soldiers, committed human rights violations or violations of international humanitarian law during military operations against armed groups” (OHCHR/MONUSCO, P:4-5, 2016).
Political Prisoners:
“In the current electoral context, concern has been expressed in relation to actions taken by the judiciary and viewed as Government interference in the justice system. For example, the Special Rapporteur on the situation of human rights defenders expressed concern about “the arbitrary detention of three human rights defenders, Mr Fred Bauma Winga, Mr Christopher Ngoy Mutamba and Mr Yves Makwambala, which seem to be related to their legitimate and peaceful human rights activities” as well as “allegations of illegal obtaining of evidence, procedural flaws and unfair trials”. The Special Rapporteur further “voiced his concern at the difficult situation in which human rights defenders exercise their right to freedom of association, of peaceful assembly, of opinion and expression, in the DRC” (OHCHR/MONUSCO, P:9, 2016).
Prions:
“Weaknesses in the penitentiary system have been raised on multiple occasions during 2015 Etats généraux de la justice, and identified as a major obstacle to the fight against impunity. The UNJHRO has documented the escape of 2,604 people from detention centres in 2014 and 201526. Mass escapes take place on a regular basis throughout the countr” (…) “One illustrating example is the mass escape of 18 October 2014 of 326 out of the 433 detainees (130 condemned persons and 196 people in preventive detention) from the prison of Butembo, North Kivu province, following an attack on the prison by four men armed with AK-47 trying to free nine detained soldiers who turned out to be absent from the prison. To this day, only about a hundred of those escaped persons have been found” (OHCHR/MONUSCO, P: 10, 2016).
ADF Violence:
“From 1 October to 31 December 2014, at least 237 people – including 65 women and 35 children – were killed by suspected ADF combatants. At least 47 civilians were wounded, 20 were abducted and two were victims of sexual violence. During this period, suspected ADF elements have attacked at least 35 villages, using machetes, hammers and knives, amongst others, and carrying out summary executions of civilians. During the same period, the UNJHRO also documented the destruction and looting of houses. From 28 February 2016 to March 2016, civilians were targeted by suspected ADF combatants in several villages on both sides of the border between North Kivu and Ituri, in Bambuka-Kisiski (Beni territory, North Kivu province) and Bandavilemba (Irumu territory, Ituri province)” (OHCHR/MONUSCO, P: 12, 2016).
FARDC rape in Goma 2012:
“In November 2012, after the capture of Goma by the M23 armed group, FARDC soldiers withdrew to Minova, in South Kivu province, where they committed mass rapes and other human rights violations during a period of 10 days. On 5 May 2014, the Military Operational Court of North Kivu delivered its verdict on this case and sentenced 26 FARDC soldiers to prison terms ranging from three years to life imprisonment for crimes against humanity. Thirteen other soldiers have meanwhile been acquitted” (OHCHR/MONUSCO, P 14, 2016).
Musenyi:
“From 20 to 22 September 2015, FARDC soldiers assigned to 33071st Battalion under the leadership of Colonel Jules Dhenyo Beker reportedly committed several human rights violations in Musenyi village, in the vicinity of Maibano, Kalehe territory, South Kivu province, during an operation to track down Rayia Mutomboki chief Mweke Atobaibwa. Civilians were arrested and taken to a school used by the military operation’s leadership. A 16-week old baby reportedly died following a beating. Nineteen women were raped (or gang-raped in some cases), 31 people were subjected to cruel, inhumane or degrading treatments and arbitrary arrests while 78 others were subjected to looting and/or extortions. The next day, a high ranking FARDC official reportedly visited the scene of the incident and ordered the population not to report what had happened” (OHCHR/MONUSCO, P: 32, 2016).
Kavumu:
“Since May 2013, at least 20 children under 12 and thirty children aged between 12 and 17 have reportedly been abducted, raped and subjected to genital mutilations in Kavumu, 35 km from Bukavu, in the groupement of Bugorhe, Kabare territory, South Kivu province. The victims were reportedly abducted in their sleep without any witness and returned home or near their residence after being raped or mutilated. According to judicial authorities, these crimes were reportedly perpetrated in the context of initiation rituals and fetishist practices. Reportedly, these rapes and abductions also sought to terrorize the local population. On 17 March 2016, in Kavumu, a human rights defender who had spoken out on cases of rape against children in Kavumu and denounced the implication of a local leader, as well as the inaction of judicial authorities, was summarily executed by armed men wearing PNC uniforms.” (OHCHR/MONUSCO, P: 33, 2016).
For the ones that hasn’t followed the nation, the FARDC and the Guerrillas in the DRC will this be eye-opening, for others this is old news. Still, the reports prove certain aspects of life in regions and parts of DRC… This is more to show the dirty and nitty gritty that too many civilians and people of the DRC have lived through. This is what you can call a stern warning that people should care about the senseless violence against humanity in the DRC. Peace.
Reference:
OHCA/MONUSCO – ‘Accountability for Human Rights Violations and Abuses in the DRC: Achievements, Challenges and Way forward’ (1 January 2014 – 31 March 2016) – October 2016


The Secretary-General takes note of the conclusion of the national dialogue in the Democratic Republic of the Congo (DRC). He commends Edem Kodjo, the African Union Facilitator for the dialogue, as well as participants to the talks for their work and commitment towards a peaceful solution to the crisis in the context of the electoral process.
The Secretary-General hopes that the implementation of the agreement will contribute to a more conducive climate for the respect of fundamental rights and freedoms essential to political debate and credible elections. He urges the Government to remain actively engaged with all political stakeholders, including through continued confidence-building measures. These include in particular the further release of political prisoners and respect for the right to peaceful assembly and freedom of expression. He also calls on political groups who were not part of the national dialogue to seek to resolve their differences peacefully.
The Secretary-General reiterates the crucial importance of peaceful and credible elections for the stabilization and consolidation of constitutional democracy in the DRC, in keeping with the Constitution and the African Charter on Democracy, Elections and Governance.
Déclaration attribuable au porte-parole du Secrétaire général sur la République démocratique du Congo
Le Secrétaire général prend note de la conclusion du dialogue national en République démocratique du Congo (RDC). Il félicite Edem Kodjo, le facilitateur de l’Union africaine pour le dialogue, ainsi que les participants aux pourparlers pour leur travail et leur engagement envers une solution pacifique à la crise dans le contexte du processus électoral.
Le Secrétaire général espère que la mise en œuvre de l’accord contribuera à un climat plus propice au respect des libertés et droits fondamentaux essentiels au débat politique et à des élections crédibles. Il exhorte le gouvernement à rester activement engagé avec tous les acteurs politiques, notamment en continuant d’adopter des mesures de confiance. Celles-ci comprennent en particulier de nouvelles libérations de prisonniers politiques et le respect du droit de réunion pacifique et de la liberté d’expression. Il appelle également les groupes politiques qui ne faisaient pas partie du dialogue national à s’employer à résoudre leurs différends de manière pacifique.
Le Secrétaire général réaffirme l’importance cruciale d’élections apaisées et crédibles pour la stabilisation et la consolidation de la démocratie constitutionnelle en RDC, conformément à la Constitution et à la Charte africaine de la Démocratie, des Elections et de la Gouvernance.
New York, le 19 octobre 2016


