339: Resolution on the Human Rights Situation in the Republic of Congo

The African Commission on Human and Peoples' Rights (the Commission), meeting at its 58th Ordinary Session held from 6 to 20 April 2016 in Banjul, Islamic Republic of The Gambia;

Recalling its mandate to promote and protect human and peoples' rights in Africa under the African Charter on Human and Peoples' Rights (the African Charter);

Further recalling the obligations of the Republic of Congo under the African Charter and other relevant regional and international human rights instruments ratified by Congo;

Concerned about the deterioration of the political and human rights situation in the Republic of Congo following the political process which led to the announcement of the results of the presidential election of 20 March 2016;

Deeply concerned about allegations of human rights violations, in particular unduly restrictions of the right to freedom of expression and peaceful assembly, the arbitrary arrest and detention of political opponents, including opposition candidates, the use of force against peaceful demonstrators and acts of torture and inhuman and degrading treatment;

Deeply concerned about allegations related to operations of intimidation carried out by security forces against leaders of opposition parties and their members, as well as against the population in Pool, in the southern part of Brazzaville, which are alleged to have led to the loss of lives;

Concerned about information regarding the displacement of people for fear for their lives and the related social and humanitarian consequences;

The Commission:

i. Strongly condemns the human rights violations, in particular the cases of arbitrary arrest and detention and the acts of threat and intimidation against political leaders of the opposition;

ii. Further Condemns all acts aimed at restricting the right to freedom of expression and peaceful assembly, including through the excessive and disproportionate use of force against demonstrators;

iii. Urges the Government of the Republic of Congo to:

- Open an independent and prompt investigation into all allegations of human rights violations towards prosecuting the instigators, perpetrators and accomplices;

- Take the necessary measures to put an immediate end to abuses and other forms of human rights violation and repression against leaders of opposition parties and their members;

- Refrain from resorting to the excessive use of force during peaceful demonstrations and mass protests and ensure, at all times, freedom of opinion and expression, as well as the right to organise peaceful demonstrations and assemblies;

- Comply with its obligations under the African Charter on Human and Peoples' Rights and other relevant human rights instruments to which Congo is a party;

iv. Calls on leaders of the ruling party and opposition parties, their members and other stakeholders to refrain from all acts that may undermine public order, and encourages them to settle their disputes in a peaceful manner and in accordance with the law;

v. Calls on the African Union and the international community to continue to support the Government and people of Congo towards restoring peace and security in the country.

Done in Banjul, Islamic Republic of The Gambia, on 20 April 2016