Release of arbitrarily detained pro-democracy activists in Kinshasa

Kinshasa, 30 March 2015

To Mr. Michel Forst, Special Rapporteur on the Situation of Human Rights Defenders in Geneva

Subject : Release of arbitrarily detained pro-democracy activists in Kinshasa

Dear Mr. Forst,

We, civil society organisations, have the  opportunity to share with you a concern related to the protection of pro-democracy activists detained in the Democratic Republic of Congo, and thereby seek your intervention with the Congolese authorities for their release.

 Through its security services, the Government of the Democratic Republic of Congo  conducted  the brutal arrests of  young democracy activists who participated in a press conference on civic engagement on Sunday, March 15 in Kinshasa. Those arrested included  Burkinabe citizen activists Broom and the Senegalese Movement Y'en A Marre who had been invited by their counterparts Citizen Movement "FILIMBI" of the Democratic Republic of Congo. National and international journalists and diplomats had been found at the site during the operation and  were kidnapped by security forces. Thirty people were brought to the police and security services at the headquarters of the National Intelligence Agency. The majority have  already been released, including  national and international journalists, musicians, artists and the American diplomat.

Filimbi ("whistle" in Swahili ) is a platform for young people whose goal is to encourage young Congolese citizens to fulfill their duties in a peaceful and responsible manner. It includes several non-profit organisations, including the Youth for a New Society (JNS), the National Youth Forum for Excellence  (NYET)  and the Struggle for Change  (LUCHA).  The Movement organised a workshop at the Don Bosco Centre in the town of Masina in Kinshasa at March 14 to 15, 2015 on "civic engagement of young Congolese" whose aims were to:

•  Encourage constructive dialogue between young people on civic engagement notions;


• Expose  young people to civic engagement success stories;


• Share tools, resources, best practices and know-how in the field of civic engagement;


• Encourage youth organisations networking with each other and those involved in public participation issues;


• Produce a  group of engaged citizens;


• Launch of the Congolese National Movement Youth "FILIMBI".

These workshops were visited by students of major Universities and Higher Institutes of Kinshasa,  members of civil society organisations, youth networks, and various religious movements; young musicians, actors, sculptors,  young private companies,  and youth leagues of political parties of both the majority (ARC, UNADEF)  and the opposition (UNC, UDPS) . They came from different cities such as Kinshasa, Kisangani, Goma, Bukavu and Lubumbashi.

The workshop was followed by a press conference in Eloko Makasi, a socially-engaged company producing music and video.  A concert was scheduled in the evening of 15 March, but did not take place following the mass arrests.

On Tuesday, March 17, at 9 am local time, pro-democracy activists of the Citizen Movement "Fight for Change / LUCHA" staged a peaceful sit-in after informing the local authority outside the headquarters of the National Intelligence Agency / ANR in Goma, in the province of North Kivu, to support the arrested activists  and demand their immediate release.

Senegalese and Burkinabe activists and some Congolese artists were  released following pressure on the Government in Kinshasa.

However, ten of them are still held in secret locations, and have been for more than two weeks without access to their families or to a lawyer  or judge. These activists are not terrorists, as stated by the spokesman of the Congolese government in its communications. These are young people who defend the UN values ​​for democracy and good governance in the Democratic Republic of Congo. They are amongst others:

1. Mr. Freddy Bauma, member of the Citizen Movement Struggle for Change, arrested on 15 March in Kinshasa;


2. Mr. Sylvain Saluseke, member of the citizens' movement "Filimbi", arrested on 20 March in Kinshasa;


3. Mr. Yves Makwambala, member of the citizens' movement "Filimbi", arrested on 15 March in Kinshasa;


4. Mr. Francis Omekongo aka Baguera,  an artist and designer  of the logo for "Filimbi". He was reportedly arrested this Saturday, April 4 by the security services after being questioned by armed men in civilian clothes in his office of the consulting firm ALTESS where he works as a communication consultant, before taking him forcibly on board of a vehicle without registration number.

All these activists are detained in secret prisons of the National Intelligence Agency / ANR in Kinshasa after their arrest by the police and armed elements and civilians, including those of the Republican Guard.

Freedom of assembly and peaceful demonstration is guaranteed in the Democratic Republic of Congo by Article 25 of the Constitution of February 18, 2006, as amended to date.

Resolution A / 62 /7 ( 2007) of the United Nations General Assembly, adopted 8 November 2007, commits governments to strengthen national programs for the promotion and consolidation of democracy,  celebrating  on September 15 of each year as the International Day of Democracy. This day was celebrated in September 2014 under the theme "Take the young democracy", which focused on the challenges and opportunities of youth participation in the democratic process. Young people need democracy and democracy needs young people.

In 2010, the 122nd Assembly of the Inter-Parliamentary Union / IPU meeting in Bangkok, passed a resolution entitled "Youth participation in the democratic process.”  The resolution stressed  the importance of giving young people the opportunity to express themselves in politics, deepened their knowledge of democratic political activity and encouraged them to participate. Young people should be at the forefront of global change and innovation. Where  skilled, they can be key agents for development and peace. However, if they are left on the margins of society, each of us will be depleted. Let us ensure that all young people have every opportunity to participate fully in their societies.

In accordance with Article 18 of the Universal Declaration of Human Rights,   “everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and the freedom to manifest religion or belief, alone or in community with others and in public or private, teaching, practice, worship and observance."

Article 19 of the Declaration states that "Everyone has the right to freedom of opinion and expression; this right includes freedom not to be to hold opinions without interference and to seek, receive and impart regardless of frontiers, information and ideas through any media whatsoever.”

The International Bill of Human Rights recognises in Article 21 the right to peaceful assembly.

In view of the above, please, Mr. Special Rapporteur, we ask you to intercede with President Joseph Kabila to convince him of the release of pro-democracy activists detained arbitrarily in the dungeons of the secret security service in Kinshasa. This is a flagrant violation of international law on human rights. The United Nations should be firm on the respect of human rights during and after the electoral process, including freedom of assembly, expression and opinion.

While counting on your support, please accept, Mr. Special Rapporteur, the expression of our highest consideration.