August 16, 2025 – The situation of environmental and land rights defenders in the Democratic Republic of the Congo (DRC) has significantly worsened during the first half of 2025, according to recent analyses by local and international stakeholders. The backdrop to this decline includes persistent insecurity, legislation deemed repressive, and a glaring lack of access to protection mechanisms. These findings raise urgent questions about the effectiveness of current human rights protection tools in a context marked by armed conflict and economic interests tied to natural resources.
According to several experts, the actions – or inaction – of the Congolese state amount to serious violations of fundamental freedoms guaranteed by both the Constitution and the African Charter on Human and Peoples’ Rights. Articles 21 and 22 of the Charter protect the rights to peaceful assembly and to a healthy environment. However, the very institutions responsible for enforcing these laws are sometimes the source of the violations themselves.
The advance of M23 rebels toward the cities of Goma and Bukavu has weakened the few remaining safe havens for environmental defenders. Until the end of 2024, these cities served as fallback zones for those fleeing violence in rural areas. Their occupation by rebel forces caught many defenders off guard—some were forced to hide at home, while others managed to flee to Kinshasa or neighboring countries. This situation highlighted the weakness and inadequacy of current protection mechanisms.
The debate has naturally refocused on Law No. 23/027 of June 15, 2023, which was intended to guarantee the protection of human rights defenders. Initially hailed as a step forward, it is now the subject of strong criticism. Its adoption was marred by irregularities, and its content, far from reassuring, has raised serious concerns. The Congolese Action for Human and Environmental Rights (ACEDH) recalls having raised the alarm during the proposal phase, advocating for substantial amendments to the text. These recommendations were ignored, resulting in the adoption of a law now seen as more repressive than protective.
The law provides no concrete protection mechanisms. It criminalizes some legitimate actions by defenders, notably by altering the universal definition of their status. It also imposes conditions that are difficult to meet for activists in rural areas, thereby ignoring the realities of many defenders who are often not literate and work in isolated regions. As such, the law effectively excludes a large portion of local actors from the legal protections it claims to establish. Efforts to revise it are ongoing. An alternative text is currently being developed, enriched by contributions from national and international stakeholders. A constitutional challenge (R.Const 2116) has also been filed with the Constitutional Court. These efforts aim to achieve a law that is truly protective and adapted to current challenges—challenges made even more pressing by the increasing number of mining and oil projects, which are frequent sources of human rights violations.
But even a revised law will not be enough. Strong institutions, led by individuals with integrity and respect for rights, are also essential. The current legislation, with its ambiguous criminal provisions, could even be used against defenders by criminalizing their actions in response to controversial extractive projects. Accessibility to private protection mechanisms further complicates the issue. In Goma and Bukavu, many defenders without assistance have been forced into hiding. Only a few have received help through specific partners or programs. The obstacles are numerous: lack of information, administrative complexity, and rigid eligibility criteria. There is an urgent need to democratize these mechanisms, adapt them to local realities, and decentralize them to make them accessible in remote areas.
Technological progress could have helped facilitate access, but it remains ineffective in areas where electricity, internet, or banking services are virtually nonexistent. Many defenders have no bank accounts or capacity to complete the required digital procedures. In cities like Goma, where banks have closed due to rebel occupation, defenders are left with no choice but to flee or remain silent.
The war has exacerbated an already deep crisis. Protected areas, mining zones, forests, and oil fields—particularly along the Kivu–Kinshasa green corridor—have become hotspots of systemic violations. These areas are not only witnessing massive environmental destruction but also targeted attacks against those who speak out: abductions, killings, threats, and judicial harassment. Traditional chiefs cooperating with NGOs or national parks, such as Virunga, have also been targeted—further proof that this war has a significant land-related dimension. Some defenders who denounced M23 atrocities in these regions are now being targeted by the group. A few have found refuge with MONUSCO thanks to the support of the UN Joint Human Rights Office (UNJHRO), but many have been left to fend for themselves.
The protection of environmental defenders can no longer rely on fragmented initiatives. Concrete action plans are needed, with special attention given to rural areas and the most vulnerable individuals. Documenting and monitoring violations must allow for rapid institutional responses—a prerequisite for any hope of achieving the Sustainable Development Goals (SDGs), for which these defenders are the true actors on the ground. Calls for stronger mobilization are multiplying, not only to revise the Human Rights Defenders Law, but also for a complete overhaul of protection frameworks in the DRC. As the country’s natural resources continue to attract growing interest, it is imperative that those who protect them can do so safely, with the full support of the law and institutions.
By kilalopress
