Kinshasa June 3, 2009 - The Special Rapporteur on the situation of human rights defenders, Mrs. Margaret Sekaggya conducted an official mission to the DRC, at the invitation of the Government, from 21 May to 3 June 2009. The purpose of the visit was to assess the situation of human rights defenders in the light of the principles set forth in the Declaration on Human Rights Defenders adopted by the United Nations General Assembly in 1998.
During the mission, the Special Rapporteur visited Kinshasa, Kananga (Western Kasaï) and Bukavu (South Kivu). She was unable, due to logistic constraints, to visit Kisangani (Oriental Province) as initially planned. She met with the Prime Minister, the Minister for Human Rights, other senior Government officials, members of the judiciary, members of the National and Provincial Assemblies, heads of security services, and representatives of institutions concerned with the protection of human rights in the capital and in the two provinces. However, she regrets she was unable to meet the Minister of Justice in Kinshasa.
The Special Rapporteur also held meetings with representatives of MONUC, United Nations agencies, and diplomatic missions.
All along her visit, Mme. Sekaggya pays tribute to human rights defenders for their courage while operating under very difficult conditions, especially in the eastern part of the country. Defenders face numerous challenges that seriously impede their legitimate activities.
The first concern lies in the ongoing stigmatization by authorities in the capital and in provinces, as well as by non-State actors, of defenders who are seen as ‘enemies’ or ‘opponents’.
Another cause of great concern is the widespread impunity for violations committed against human rights defenders. Perpetrators of violations against defenders range from police, military and intelligence officers to members of armed groups.
The Special Rapporteur further raises concern that the boundaries between the powers and prerogatives of the police, military and intelligence services (e.g. ANR) are not clear. Human rights defenders are often held incommunicado in ANR detention facilities, with no access by the MONUC and with no judicial oversight.
The Special Rapporteur further welcomes the work of the follow-up committees established jointly by MONUC, the police and the military to look at complaints brought regarding violations committed by the security forces.
Mrs. Sekaggya made several recommendations to the government, the local authorities, MONUC and the international community, where she expreses her concerns in particular the need for legitimacy, in front of the government, for number of organizations working in this field.
The Special Rapporteur will present her report to the United Nations Human Rights Council at its 13th session in March 2010.