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Republic of Congo - Universal Periodic Review

UPR 31, November 14, 2018
Recommendations by Canada

Recommendations

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Thank you, Mr. President.

Canada welcomes the December 2017 ceasefire agreement ending the conflict in Pool Department and hopes that the channels for political dialogue will endure and that the democratic space will expand.

Canada recommends that the Republic of Congo:

1. Establish an independent commission of justice, truth and reconciliation to shed light on the events that took place in Pool Department from April 2016 to December 2017.
2. Adopt measures to eradicate human rights violations committed by the security forces, including extrajudicial executions, arbitrary detention and torture.
3. Adopt concrete measures to ensure access to a fair trial for all, within a reasonable time, strengthen the independence of the judiciary and strengthen mechanisms to combat impunity.
4. Strengthen the implementation of existing measures to prevent and eliminate all forms of discrimination and sexual violence against women and girls.

How is the humanitarian aid plan moving forward to facilitate the safe return of displaced populations to Pool?

Background

According to UPR Info, a non-profit, non-governmental organization (NGO) that tracks the Universal Periodic Review (UPR) process, the Republic of Congo received 171 recommendations during the second cycle review, of which 164 were accepted (an acceptance rate of 96%). Canada’s previous recommendations to the Republic of Congo focused on acts of violence by security forces, conditions of detainees and sexual violence.

The Republic of Congo has ratified the main international, regional and subregional human rights instruments and has also incorporated them into its domestic legislation. The 2015 Constitution notably guarantees the right to education, and equal access to education and training. It also states that "no one shall be favored or disadvantaged by reason of his family, ethnic origin, social status, political, religious, philosophical or other beliefs" and enshrines the equality of men and women under the law.

There is no law specifically prohibiting same-sex relationships. However, the Penal Code provides for imprisonment from three months to two years and a fine for those who commit "public indecency".

Several NGOs have noted an increase in arbitrary arrests since 2015. According to Amnesty International, several activists and members of opposition parties were arrested during the 2015-2017 period, and protesters were injured or even died as a result of their participation in demonstrations.

Extrajudicial executions remain a concern in the Congo. In July 2018, thirteen Congolese men died at a police station in Brazzaville while in police custody. The Congolese Observatory of Human Rights accused the police of being responsible for the massacre.

The armed conflict between the Congolese government and an armed group that lasted from April 2016 to December 2017 in the Department of Pool caused the displacement of more than 100,000 people according to the United Nations High Commission for Refugees.