Goma, September 17, 2024. The Congolese Center for Sustainable Development Law (CODED), in partnership with the Environmental Defenders Collaborative (EDC) and the Congolese Alert for Environment and Human Rights (ACEDH), organized an information and exchange workshop on Tuesday for local human rights defenders, civil society organizations, and support institutions in North Kivu province.
This event highlighted alarming deficiencies in Law No. 023/027 of June 15, 2023, concerning the protection of human rights defenders. Speakers, including Me Eric Kassongo, emphasized the restrictions imposed by this legislation, which instead of protecting defenders, criminalizes their actions.
“This law creates a hostile environment for those working to defend fundamental rights,” Kassongo stated. Specific articles, particularly 26, 27, and 28, penalize defenders’ actions and impose excessive requirements, such as identification and the production of annual reports, which are unrealistic for many actors on the ground.
Me Olivier Ndoole, executive secretary of the Congolese Alert for Environment and Human Rights (ACEDH), added: “This law, intended to protect human and environmental rights defenders, criminalizes them and imposes difficult conditions, especially for those working in rural areas.” He stressed the need to revise certain articles, particularly 2, 3, 7, 11, 26, 27, and 28, which pose major issues.
The workshop also emphasized the need for a collective approach to amplify the voices of human and environmental rights defenders. Several recommendations were made:
- Continue consultations in other provinces, particularly in the former provinces of Kasaï and Lualaba, to broaden the discussion on the law and include diverse local perspectives.
- Engage in discussions with international partners, including the Dutch Embassy, to define strategic options in light of this dynamic. An internal debate will be essential to establish a united front.
- Finalize the collection of signatures for a petition requesting a revision of the law and submit it to the Presidency of the Republic, to draw the attention of the highest authorities to this crucial issue.
- Consult elected officials who supported the law to identify a new spokesperson, either in the Senate or the National Assembly, to advocate for a revision that reflects the realities of defenders on the ground.
- Involve judicial actors, including lawyers and magistrates, in the revision process. Their involvement is crucial to ensure the enforceability and support of human rights defenders.
- Consider the specific needs of environmental defenders in rural areas. These actors are key to sustainable development, and their social status must be taken into account in the revised law.
The next step for CODED will be to travel to Kolwezi in Lualaba province to raise awareness and further involve local communities in this essential process for the protection of human rights in the Democratic Republic of the Congo. Civil society actors continue to mobilize to ensure a legal framework that genuinely protects those who defend the fundamental rights of all.
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