Democratic Republic of the Congo

Status: adopted national and sub-national law or policy

The Democratic Republic of the Congo (DRC) has national and sub-national laws for the protection of human rights defenders (HRDs). Nonetheless, the situation of human rights defenders in the country is dire.

The election of President Tshisekedi in 2019 did not improve the human rights situation in the DRC. Fundamental rights and freedoms are severely at risk, especially in the eastern provinces of the country. Systemic human rights violations, violence, corruption, impunity and abuse have prevailed in the country for decades. HRDs in the DRC are particularly vulnerable against threats and attacks by military actors, as the intolerance for dissenting voices grows. Moreover, HRDs are trapped between various militias and government forces.

In the DRC there are currently three sub-national (in North Kivu, South Kivu and Maniema ) and one national law on the protection of HRDs. Discussions on protection policies in other provinces are ongoing.

At the provincial level, three edicts have been adopted. On 10 February 2016, the Governor of South Kivu in the DRC adopted Edict No. 001/2016 on the protection of HRDs and journalists in the South Kivu province. In November 2019, the province of North Kivu followed suit with Edict No. 001/2019. In November 2022, Maniema adopted a similar edict. These edicts only contain a limited selection of rights and freedoms. However, they are only applicable in the specific provinces and must be implemented conform to national laws. Discussions on local edicts are ongoing in Sud-Ubangi and Ituri.*

At the national level, a first bill on responsibilities and protection of human rights defenders was proposed by the Senate to the National Assembly in 2017. However, the negotiations for this bill between the National Assembly, civil society and the National Commission of Human Rights fell through.

Still, in March 2022, a working group was organised in Kinshasa to discuss a new draft bill to be presented to the General Assembly later that year. The negotiations of this new draft bill succeeded and, on 15 June 2023, the Law 23/027 on the protection and responsibility of HRDs in the DRC was promulgated.

In its initial conception, this law was meant to ensure the necessary space and conditions for HRDs to effectively exercise their right to defend human rights. However, we have some concerns about certain articles in the new legislation that do not align with the principles found in both the 1998 UN Declaration on HRDs and Rights. As a result, we believe that the Law 23/027, as promulgated, does not create the enabling spaces that one would expect from legislation of this nature.

The situation of HRDs in the DRC is monitored by international mechanisms.  The UN Special Rapporteur on Human Rights Defenders, last visited the country in 2010. In her report on the achievements of HRDs, Mary Lawlor, current UN Special Rapporteur on HRDs, highlighted the accomplishment of the adoption of the local and national policies for the protection of HRDs in the DRC. Nonetheless, in 2022, she noted with concern the disappearance of a Rwandan HRD who worked for the defense of refugee rights in the DRC in 2021.

The African Commission’s Special Rapporteur on Human Rights Defenders also monitors the situation of HRDs in the DRC. However, this mechanism has not published any recent opinion on the situation in the country.

The country is equally monitored through the Universal Periodic Review. The last revision of the DRC took place in 2019. Several countries in the working group urged the DRC national authorities to review and adopt legislation for the protection of human rights defenders. The Congolese authorities supported the adoption of all the recommendations put forth by the working group.

Despite these developments, CIVICUS rated the DRC as “repressed”, which means that civic space is significantly constrained. Freedom House Index rates the DRC as “not free”. Concerns include the repression of civil society and the tenure of physical security due to violence and human rights abuses committed by government forces, armed rebel groups, and militias, particularly in the east of the country.

PI has a permanent filed presence in the DRC. You can find out more about PI’s work in the DRC here. PI participates in the public policy process for the protection of HRDs in the country assisting on the development of strategies and priorities, contributing with inputs for draft proposals at the local and national level.

*PI has published a case study on the influence of Edicts No. 001/2016 and 001/2019 in North and South Kivu have on the agency of HRDs. The publication is available in English and French.

[Updated on 11/06/2024]