Spotlight on NHRIs: advancing human rights in DRC
As the fourth cycle of the Universal Periodic Review (UPR) of the Democratic Republic of Congo (DRC) approaches, scheduled for November 5, 2024, attacks on human rights defenders remain a major concern.
Attacks, intimidation and killings of human rights defenders continue on a daily basis in the DRC, despite repeated calls for the authorities to intensify their efforts in investigating these violations, arresting and prosecuting the perpetrators". Mary Lawlor, Special Rapporteur on the situation of human rights defenders.
Between June 2023 and April 2024, the UN Joint Human Rights Office in the DRC documented 387 cases of intimidation, threats of physical violence and attacks on human rights defenders and 67 journalists, perpetrated by state agents and armed groups.
In the framework of the UPR, the DRC received 45 recommendations concerning the protection of human rights defenders, including 15 made specifically during the third cycle. These recommendations were reinforced by other UN mechanisms, notably by the Committee against Torture in 2019. Among them was the recommendation to adopt a law recognizing and protecting the work of human rights defenders, guaranteeing independent and thorough investigations into any violations they may suffer. However, despite these advances, the law introduces a requirement for defenders to register with the DRC's National Human Rights Commission (CNDH-RDC) in order to obtain an identification number.
This requirement, while intended to organize and supervise the activities of defenders, could be seen as contrary to the principle that anyone can defend human rights, without the need for prior registration. This administrative formality could dissuade some people from getting involved in human rights advocacy by adding a bureaucratic hurdle.
As part of its efforts to promote the exchange of best practices between stakeholders, notably National Human Rights Institutions (NHRIs), in the UPR process, UPR Info interviewed Mr. Paul Nsapu Mukulu, President of the CNDH-RDC. The CNDH accredited with Status A by the Global Alliance of National Human Rights Institutions (GANHRI) in, August 15, 2018, in Kinshasa.
The interview highlighted the Commission's crucial role in the drafting of the law to protect human rights defenders and the implementation of other UPR recommendations.
What role did the CNDH play in the law designed to protect human rights defenders?
CNDH played a key role in the design of the law aimed at protecting human rights defenders. Working closely with civil society organizations, we actively participated in the drafting and validation of the advocacy, and then worked with parliamentarians to ensure the law's adoption and promulgation. Although one version was drafted by the CNDH, the law underwent several revisions before reaching its final form.
At present, our efforts are focused on disseminating the law nationwide and establishing an internal mechanism for the protection of human rights defenders.
Have you observed any improvements in the human rights situation implemented by the State over the past three years?
In addition to the law on the protection of human rights defenders, several important measures have been implemented in response to the recommendations of the Universal Periodic Review (UPR). These include the enactment of a law on parity, which has enabled the gender dimension to be integrated into many key sectors. This initiative aims to ensure greater gender equality in the country's political, economic and social spheres.
In addition, particular attention has been paid to ensuring women's representation in electoral processes, by ensuring their presence on electoral lists, thereby strengthening their political participation. Another major achievement is the adoption of law no. 22/029 of June 29, 2022, which amends legislation on the organization of elections, incorporating specific provisions aimed at promoting women in Congolese political life.
These measures testify to the DRC's ongoing efforts to respond to human rights recommendations and promote gender equality.
How has the CNDH contributed to the achievements you mentioned above?
Since its creation in 2015, the CNDH has collaborated with various partners, including civil society organizations, the government, parliament and UN agencies. We organize regular meetings to monitor human rights developments and coordinate the efforts of the various players. We have also lobbied the President of the Republic and the relevant ministries to implement our recommendations. In addition, we have raised awareness among magistrates of civil and military courts and tribunals of the need to correct violations of the rights of detainees, and trained prison staff and judicial police officers in respect for the rights of arrested and detained persons.
How did the CNDH become involved in the latest cycle of the UPR?
Upon receipt of the recommendations addressed to the DRC, the CNDH, with the support of partners such as UPR Info, the Carter Center, OSISA and Avocats Sans Frontières, took action to ensure their implementation.
A key aspect of this process has been to build the capacity of the actors involved in the UPR, providing them with the tools they need to monitor the implementation of the recommendations. Subsequently, the CNDH collaborated with civil society organizations to collect data from the relevant ministries, and worked in close coordination with the Comité Interministériel des Droits de l'Homme, which brings together delegates from various ministries, to follow up recommendations by theme.
The CNDH also took part in the validation of mid-term and alternative reports, and contributed to the drafting of the government report.
What strategies does the CNDH use to advocate at national level for the effective implementation of UPR recommendations?
The CNDH works closely with the inter-ministerial human rights committee under the aegis of the Ministry of Human Rights. We organize regular meetings with civil society to monitor progress and identify actions needed to implement recommendations.
Is there anything you'd like to share with your NHRI colleagues in other countries?
We encourage our colleagues to draw inspiration from the CNDH-RDC's strategies, particularly in promoting a special protection mechanism for human rights defenders. It is also essential to establish an open and ongoing dialogue with the government to regularly assess the human rights situation at national level.
Can you give a personal definition of what the UPR means to you?
The UPR is a unique mechanism of the Human Rights Council. It encourages each Member State to carry out a peer review of its human rights record every four and a half years. It is important to note that this mechanism has no police force, but leaves the responsibility for monitoring the human rights situation to the Member States themselves.
