Global Courant 2023-05-06 16:33:21
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The authorities of the Democratic Republic of the Congo (DRC) must immediately lift martial law, similar to the state of emergency, which has been in force for two years in the provinces of Nord-Kivu and Ituri, as it violates the constitution of the country and international human rights law, Amnesty International said today.
“Martial law is illegal and has contributed to the deterioration of the human rights situation in the country. President Felix Tshisekedi must lift this repressive measure without delay,” said Tigere Chagutah, Amnesty’s regional director for Eastern and Southern Africa.
“Both the enforcement and repeated extensions of the rights-restrictive ‘martial law’ fall far short of the DRC’s own constitution and international human rights obligations.”
The declared goal of martial law was “to rapidly improve civil defense, curb armed groups and restore state authority”, but the security situation in the two provinces has deteriorated dramatically. There is an increase in attacks on civilians and civilian casualties reported in the region over the past two years.
Nevertheless, martial law has been extended more than 50 times by the government, without any meaningful public debate on the legality or merit of these extensions.
“If President Tshisekedi now fails to lift martial law after two years of illegal and unjustified restrictions on human rights, MPs must reject all new requests from the government to extend it,” said Tigere Chagutah.
Despite martial law, the DRC’s military has consistently failed to prevent or respond to increasing attacks on civilians by armed groups. According to information collected by the UN Joint Human Rights OfficeIn fact, the military has been responsible for committing numerous serious human rights violations against civilians.
Amnesty International has previously documented how the military authorities of the DRC, appointed by President Tshisekedi, used their powers during martial law to systematically curtail human rights by harassing and imprisoning journalists and murdering human rights defenders and political activists. Authorities have also resorted to mass pre-trial detention of those deemed a threat, in facilities where detainees are often held in appalling conditions.
“All those arbitrarily detained in Nord-Kivu and Ituri provinces, including those detained solely for criticizing the martial law and military authorities, must be released immediately. All members of the DRC security forces suspected of committing human rights violations must be brought to justice in a fair trial,” said Tigere Chagutah.
“The DRC authorities must take immediate steps to ensure that prison conditions are significantly improved. Prisoners must have access to nutritious food, clean water, sanitation and medical care.”
Rather than further suppressing the right to freedom of expression and peaceful assembly, the DRC authorities should allow people to freely exercise their human rights and find effective measures to address security issues ahead of the general elections scheduled for December this year. .
“In consultation with affected communities and civil society groups, the DRC authorities should identify and implement effective measures to protect civilians and enhance security without further undermining human rights,” said Tigere Chagutah.
Background:
President Tshisekedi maintained “martial law” in North Kivu and Ituri provinces from May 6, 2021. Claiming a radical but necessary move to quickly silence armed groups and restore security, he drastically curtailed human rights and ordered military courts to prosecute civilians. He appointed army and police officers to replace civilian administration, including elected governors, and suspended elected provincial assemblies.
Under the Constitution of the DRC, martial law is defined as an exceptional, temporary measure that can be declared for an initial period of 30 days. If parliament ratifies an extension, it can be extended for consecutive periods of 15 days.
The International Covenant on Civil and Political Rights, to which the DRC is a party, allows states to derogate from certain human rights provisions, but the application of such restrictions must meet certain requirements, including notification in writing to the Secretary-General of the UN, explaining the circumstances justifying any deviations. The DRC authorities have not complied with this requirement.
The African Charter of Human and Peoples’ Rights, to which the DRC is also a party, does not allow any derogation from its provisions under any circumstances.
Martial law should also not be used as a pretext to restrict human rights.
The deteriorating security situation in eastern DRC, including in the provinces of Nord-Kivu and Ituri, has led to the deaths of more than 4,000 civilians, while more than two million have been forcibly displaced since 2021, according to figures from the UN and the Kivu security tracker.
Distributed by APO Group on behalf of Amnesty International.
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