Tactics and tools for the protection
of Human Rights Defenders

Human Rights Council
Thirteenth session
Agenda item 3
Promotion and protection of all human rights,
civil, political, economic, social and cultural rights,
including the right to development

Report of the Special Rapporteur on the situation
of human rights defenders, Margaret Sekaggya

Addendum

Mission to the Democratic Republic of the Congo
(21 May – 3 June 2009)

Summary

The Special Rapporteur on the situation of human rights defenders conducted a country visit to the Democratic Republic of the Congo from 21 May to 3 June 2009, during which she met with senior Government officials and a broad range of human rights defenders. The purpose of the visit was to assess the situation of human rights defenders in the Democratic Republic of the Congo in light of the principles set forth in the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (hereafter the Declaration on Human Rights Defenders).

Following an introductory section, in section II the Special Rapporteur describes the legal and institutional framework for the promotion and protection of human rights in the Democratic Republic of the Congo. While the legal framework for the protection of human rights has been progressively strengthened over the years, it remains marred by severe gaps and shortcomings that result in the diluting of any benefits that human rights defenders could draw from positive developments. In addition, the Special Rapporteur notes the existence of several institutions aimed at upholding human rights, which on paper may have a positive impact on the work of human rights defenders, but devoid of adequate financial and human resources, and strong political support, are doomed to failure.

In section III, the Special Rapporteur details the current challenges faced by human rights defenders in the country in their legitimate activities. After giving an overview of the civil society in the country, she points out the stigmatization and the related insecurity suffered by defenders, who are killed, disappeared, tortured, threatened, arbitrarily arrested and detained, under surveillance, banned from travelling, displaced or forced into exile. Another cause of great concern is the widespread impunity for violations committed against defenders by State authorities and members of armed groups. Finally, the Special Rapporteur expresses concern about illegitimate restrictions on the exercise of the right to association, the right to peaceful assembly and the right to freedom of opinion and expression.

In section IV, the Special Rapporteur presents the important role played by the international community in contributing to a safe environment for human rights defenders in the Democratic Republic of the Congo.

Finally, in section V, the Special Rapporteur formulates her conclusions and recommendations for consideration by all stakeholders