Goma, August 28, 2024 – Today, at the UNPC-Goma Hall, ACEDH, in partnership with Protection International and other human rights organizations, held a press conference to discuss the challenges posed by Law No. 23/027 of June 15, 2023, concerning the protection of human rights defenders (HRDs) in the Democratic Republic of Congo (DRC).
This law, intended to provide enhanced protection for HRDs, has instead raised concerns due to its repressive and discriminatory aspects. Problematic articles of the law, including Articles 2, 3, 7, 11, as well as Articles 26, 27, and 28, have been criticized for their restrictive interpretation and potential to criminalize the activities of human rights defenders.
In response to growing concerns about Law No. 23/027, human and environmental rights defenders from North Kivu have issued an urgent call for the revision of this controversial legislation. The press conference today highlighted the main shortcomings of this law and mobilized stakeholders for a crucial reform. The Union Nationale de la Presse du Congo (UNPC) plays a critical role in this process by ensuring stakeholder mobilization through media communications. The UNPC helps raise awareness about the need to revise the law and informs the public about the steps already taken in the revision process.
The specific objectives of this mobilization include:
- Providing access to information for the public through the media about the law’s revision process, the rationale behind it, and its basis.
- Presenting the situation of human rights defenders in general and environmental defenders in particular, one year after the law’s adoption.
- Mobilizing the press to support the revision process of the law.
Law No. 23/027, although introduced to protect HRDs, has been criticized for its repressive and intimidating measures that severely compromise the freedom of action of HRDs. Me Olivier Ndoole, Executive Secretary of ACEDH, expressed concerns about the legislative process, highlighting that Article 132 of the Constitution, which mandates a shuttle procedure between the National Assembly and the Senate in case of discord on a law’s text, was not followed. Critics also focus on specific articles of the law. Articles 2, point 4b, and 7, which require HRDs to identify themselves and register, are seen as violations of Articles 37 of the DRC Constitution, 10 of the African Charter on Human and Peoples’ Rights, and 22 of the International Covenant on Civil and Political Rights.
Article 11 is particularly criticized for imposing the obligation on HRDs to report their activities to the National Commission on Human Rights under the threat of exclusion from the national register and for requiring specific academic qualifications before they can perform their duties. This condition is viewed as an additional barrier that could limit effective participation of defenders in the field.
Defenders in North Kivu, through a petition, emphasize the need to advance the freedoms of defenders rather than restrict them. A draft bill to amend and complete Law No. 23/027 has already been prepared by ACEDH to address the identified shortcomings and align the legislation with international human rights standards. Local stakeholders’ mobilization, the UNPC’s support, and ongoing media and civil society pressure will be crucial for advancing this essential legislative reform.
By Editorial Team
