Resolution on the violations of the rights of Human Rights Defenders in the Democratic Republic of the Congo

The NGO Forum held in Banjul, the Gambia, from November 7 to 9, 2010, on the occasion of the 48^th session of the African Commission on Human and Peoples’ Rights (ACHPR),

Noting the harassment and persistent attacks against defenders in the Democratic Republic of the Congo in violation of the provisions of the African Charter on Human and Peoples’ Rights,

Finding that such acts are mostly committed by members of the law enforcement agencies, by the army and the security forces and members of rebel groups, and that they occur in a context marked by the campaign waged by the authorities to denigrate the role and the work of defenders,

Noting that such acts usually remain unpunished,

Deeply shocked by the assassination of Floribert Chebeya, Executive director of Voix des Sans Voix, and by the disappearance of Fidèle Bazana, a member of the same organisation, on June 1, 2010 in the DRC,

Recalling Resolutions ACHPR/Res.69(XXXV)04, ACHPR(XXXXI)06 and ACHPR/Res.119 (XXXXII)07 on the protection and the situation of human rights defenders in Africa,

Recalling Resolution ACHPR/Res.139(XXXXIIII)08 on the Human Rights situation in the Democratic Republic of the Congo,

Recalling the Declaration adopted by the General Assembly of the United Nations on December 9, 1998 on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms,

The NGO Forum held in Banjul, the Gambia, from November 7 to 9, 2010, on the occasion of the 48^th session of the African Commission on Human and Peoples’ Rights (ACHPR) calls on the ACHPR to:

1.    Request the Congolese authorities to re-open the investigation on the murder of Mr. Chebeya and the disappearance of Mr. Bazana through an independent and reliable commission of investigation and only to hold a trial respectful of the right to a fair trial as laid down in the African Charter on Human and Peoples’ Rights conducive to the punishment of all those responsible for the assassination of Mr. Chebeya and the disappearance of Mr. Bazana;

2.    Recall the primordial role of human rights defenders in the implementation of the United Nations Universal Declaration of Human Rights and the other Human Rights instruments, including the African Charter on Human and Peoples’ Rights, and in the prevention of conflicts and the advent of the Rule of Law and Democracy;

3.    Organise a debate on the situation of human rights defenders in the DRC during its next session;

4.    Adopt a Resolution:

a. Denouncing the recurrent and serious violations of the rights of human rights defenders in violation of the provisions of the African Charter on Human and Peoples’ Rights;

b. Exhorting the Congolese authorities to initiate prompt, transparent and independent enquiries into all cases of violations of the rights of human rights defenders, to prosecute and bring to trial the authors before independent courts, and to punish them according to the law;

c. Calling on the Congolese authorities to create an environment favourable to the defence of human rights at the national level by taking all steps, including legislative measures, in consultation with civil society, to guarantee the rights of defenders;

d. Calling on the Congolese authorities to cooperate fully with the Special Rapporteur on the situation of defenders in Africa by acting on his communications, and to invite the Special Rapporteur on the situation of defenders in Africa to carry out an urgent mission in the DRC;

e. Calling on the Congolese authorities to cooperate fully with the ACHPR by fully implementing its recommendations resulting from the review of the DRC periodic report during its 34^th session and the its resolutions on the situation of human rights defenders in Africa and on the situation of human rights defenders in the Democratic Republic of the Congo.