After a long struggle and joint advocacy across the country, the Democratic Republic of Congo (DRC) has finally enacted a new law on the Protection of Human Rights Defenders.
However, the content of Law Number 23/027 of June 15, 2023, aimed at protecting and empowering human rights defenders, is far from unanimous among the targeted social groups. While some appreciate this law, it is still criticized by other Congolese human rights organizations.
One of those organizations is the Congolese Alert for the Environment and Human Rights (ACEDH), a member of the thematic group “Environmental Protection,” which believes that this legal instrument is contradictory to its original purpose, aggressively discriminatory, and oppressive.
Olivier Ndoole, the executive secretary of this organization, criticizes certain articles of this law that, according to him, introduce a selective and mandatory character in the exercise of promoting human rights.
He strongly opposes articles 6, 7, 11, 26, 27, and 28 of this 30-article law.
According to him, these articles legalize prosecution and harassment against activists and organizations for human rights protection. In his view, these provisions not only exclude certain HRDs through registration requirements but also penalize certain actions that rural defenders would undertake, despite their limited education, in denouncing “real” violations.
“We agreed on the initiative since it was the expression of the will of all actors to have a legal framework for protection, not repression of HRDs. But articles 26, 27, and 28, in the face of the duties provided in articles 7 and 11, do not offer protection but penalization. Additionally, environmental defenders, indigenous people, and land defenders, many of whom have not received formal education, are doing remarkable and exceptional work for the planet. Therefore, if they do not submit reports or register and obtain a national identification number, they will be prosecuted, thus legally excluding them from the category of defenders in the DRC,” alerts the secretary of ACEDH.
He adds that the defense of human rights is a vocation to promote, not a regulated job with intimidating penalties for defamation, false accusations, to silence HRDs.
“Defenders will be prosecuted based on this article of their own law, even if they are telling the truth. We should not rejoice over a law but its content and assurances of safeguarding,” he adds.
According to him, the President of the Republic may have been misled into promulgating this law before revising the controversial provisions. This controversy highlights the challenges the DRC faces in its quest to protect human rights in a country marked by poverty and corruption.
The DRC must continue to work towards better human rights protection and implement measures that promote transparency and inclusion. In this heavy responsibility, civil society and human rights organizations have a crucial role to play, ensuring that existing laws align with international standards and the aspirations of the Congolese people.
On this path, concerns raised by Olivier Ndoole, his organization, and other human rights defenders who seem to directly experience the reality on the ground are crucial, and the country cannot ignore them.
Flavien MUHIMA
