Tactics and tools for the protection
of Human Rights Defenders

In December 2009, the Human Rights Council has undertaken the Universal Periodic Review of the Democratic Republic of Congo. This review consits to make an assessment of the general huamn rights situation in the country and encourage the government concerned to take some commitments to improve respect of human rights. Non Governemental Organisations are invited in this occasion to express their opinion and recommandations. Front Line made a specific report about Human Rights Defenders situation and gave a lot of information about freedom of expression, harassment of HRD, killings of journalists and women human rights defenders in DRC. FL finally urges the congolese governement to recognise the legitimacy of the work of the HRD and the essential role they play in democratisation and peace process.

(En décembre 2009, le Conseil des Droits de l’Homme des Nations Unies a organisé l’Examen Périodique Universel de la République Démocratique du Congo. Cet examen a pour but de dresser un bilan général sur la situation des droits de l’homme du pays, et ainsi, encourager le gouvernement concerné à prendre des engagements afin d’améliorer la situation des droits humains. A cette occasion, les Organisations Non Gouvernementales sont invitées à exprimer leur point de vue et formuler des recommandations. Front Line a rédigé un rapport spécifique sur la situation des Défenseurs des Droits de l’Homme et donne alors d’importantes informations sur la liberté d’expression, le harcèlement des DDH, les assassinats de journalistes et les femmes défenseurs des droits humains en RDC. FL termine son rapport en exhortant le gouvernement congolais congolais à reconnaître la légitimité des DDH et leur rôle essentiel dans les processus de démocratisation et de paix.)

The submission has been prepared by Front Line based on information received from independent human rights defenders.

The situation in the Democratic Republic of the Congo (DRC) remains volatile and human rights defenders remain at grave risk. In the post-conflict transition in the DRC, human rights defenders continue to operate at extreme personal risk in an atmosphere of violence, hostility and instability. Absence of the rule of law and a climate of impunity prevail. As a consequence of carrying out activities such as investigating and exposing atrocities, combating sexual violence, advocacy with respect to the elections, and independent journalism, many human rights defenders have been subject to threats and attacks, which have increased since the beginning of 2008.

Congolese human rights defenders are frequent targets of intimidation, judicial proceedings, stigmatisation, death threats, incommunicado detentions, arbitrary arrest, gender based violence, illtreatment in prison including refusal of access to lawyers and medical care, physical assault and in some cases torture or even killing by DRC government agents or armed groups. Many defenders have been forced into hiding or exile as a result of the threats against their security and the safety of their families.

The situation of defenders in Eastern DRC is especially precarious. A number of human rights defenders and journalists have been killed in the last few years. Since July 2005, in Bukavu and Goma only, at least five human rights defenders and journalists were murdered, including Pascal Kabungulu Kibembi, Serge Maheshe, Wabiwa Kabisuba, Patrick Kikuku Wilungula and Didace Namujimbo. The killings and persistent threats have instilled a climate of fear among local defenders, who are made more vulnerable by the ongoing violence, ethnic tensions, and the unstable political and military situation in the region.

Attacks against defenders are political in nature and directly related to their professional human rights activities. However, defenders are also at greater risk of acts of robbery because they are believed to be in contact with the international community and recipients of international financial support, even when this is not the case.

With very few exception, serious investigations of attacks against defenders have not been conducted by the DRC authorities, even in the most serious cases including murders. The government has taken no action to support and promote the work of human rights organisations, or to protect organisations or individual activists from attacks. Human rights defenders are not protected by the national authorities and a national plan for the protection and security of human rights defenders does not exist, particularly in the eastern part of the country.

Human rights defenders are often involuntarily trapped in the political struggle between the government and rebel forces. When they report on violations committed by the regular army (FARDC), they are targeted by elements of the FARDC and depicted as unpatriotic and supporters of the armed groups. When they report on abuses committed by the armed faction groups they are under attack by the same armed groups. One leading activist commented “we are between a hammer and a nail”. Indeed, the government and armed groups regard HRDs with a mixture of deep suspicion and outright hostility. On some occasions the authorities have sought to forment popular anger against human rights NGOs, in apparent retaliation for legitimate NGO denunciations of official abuses.

Given their crucial work in the areas of investigating and exposing atrocities, combating sexual violence, free and fair elections work and independent media, supporting human rights defenders and enlarging the space for civil society is crucial for a democratic transition and sustainable peace.