MOTION FOR A RESOLUTION on the situation in the Democratic Republic of Congo

8.3.2016 - (2016/2609(RSP))

with request for inclusion in the agenda for a debate on cases of breaches of human rights, democracy and the rule of law
pursuant to Rule 135 of the Rules of Procedure

Charles Goerens, Nedzhmi Ali, Petras Auštrevičius, Beatriz Becerra Basterrechea, Izaskun Bilbao Barandica, Dita Charanzová, Marielle de Sarnez, Martina Dlabajová, Fredrick Federley, María Teresa Giménez Barbat, Nathalie Griesbeck, Marian Harkin, Ivan Jakovčić, Ilhan Kyuchyuk, Filiz Hyusmenova, Louis Michel, Javier Nart, Urmas Paet, Maite Pagazaurtundúa Ruiz, Frédérique Ries, Robert Rochefort, Marietje Schaake, Hannu Takkula, Pavel Telička, Ramon Tremosa i Balcells, Ivo Vajgl, Johannes Cornelis van Baalen, Hilde Vautmans, Paavo Väyrynen, Cecilia Wikström, Valentinas Mazuronis on behalf of the ALDE Group

See also joint motion for a resolution RC-B8-0342/2016

B8‑0379/2016

European Parliament resolution on the situation in the Democratic Republic of Congo

(2016/2609(RSP))

The European Parliament,

–  having regard to its previous resolutions on the Democratic Republic of the Congo (DRC) in particular that of 9 July 2015, as well as the ACP-EU joint Parliamentary Assembly resolution on the subject adopted during its meeting on 27, 28 and 29 November 2012 in Paramaribo (Suriname),

-  having regard to its resolution on the protection of the Virunga National Park in the DRC, voted 17 December 2015,

 

-  having regard to the debate organised during the plenary session in Strasbourg on 10 February 2015 on the situation in the DRC,

–  having regards to the joint statement of the African Union, the United Nations, the European Union and the World Organization of the Francophonie, of 16 February 2016 on the consolidation of democracy in the country,

–  having regard to the statements of Secretary General Ban Ki-moon of October 25, 2015 during his visit to the DRC in February 23, 2016,

 

-  having regard to the statements of the spokesperson of the European External Action Service on the situation in the DRC,

–   having regard to the statements of the Delegation of the European Union in the DRC on the situation of human rights in the country, including that of 11 February 2015,

–   having regard to the annual report of the European Union on human rights and democracy, adopted by the Council on 22 June 2015,

–   having regard to the European Council conclusions of 19 January 2015 on the DRC,

–  having regard to the latest resolutions 2198 and 2211 of the United Nations Security Council in January and March 2015, on the situation in the DRC and the reappointment of MONUSCO,

–   having regard to the Cotonou Partnership Agreement signed in June 2000,

–   having regard to the guidelines of the European Union on human rights activists and the guidelines of the European Union in the field of Human Rights on freedom of expression online and offline,

–   having regard to the 1948 Universal Declaration of Human Rights and the 1966 International Covenant on Civil and Political Rights,

–   having regard to the African Charter on Human Rights and Peoples' Rights, which was ratified by the DRC in 1982,

– having regard to the UN Convention on the Rights of the Child, especially articles 9, 10, 24 and 28;

-having regard to the constitution of the DRC, and in particular Articles 22, 23, 24 and 25,

-having regard to the classification by Unesco of the Virunga Natural Park to the World Heritage Site in 1979 and its inclusion in 1994 on the List of World Heritage in Danger,

-having regard to Rule 135(5) of its Rules of Procedure.

 

A.whereas, since 2013, the attempts to improve the situation in the Democratic Republic of Congo (DRC) particularly in the eastern region struggle to start because of the violations of human rights, the violence against women, the impunity by the police, the miscarriage of justice, and the drastic reduction of the space for the political opposition is particularly worrying, in many respects even explosive, which has implications for the sub region,

B.whereas according to UNESCO, 3,6 millions of orphans are estimated to be living in the DRC; whereas, on 25th September 2013, the Congolese Ministry of Interior and Security, General Direction of Migration, had suspended issuance of exit permits to adopted Congolese children seeking to depart the country with their adoptive parents;

C.whereas since 2001 Joseph Kabila is the President as he succeeded to his father he was elected for a first term of five years on 27 November 2006 and re-elected for a second term of 5 years on 28 November 2011, according to the constitution the mandate is scheduled to end at the end of 2016, and he cannot run for a third term;

D.whereas the protests, which have caused dozens of deaths and injuries, began on 19 January 2015 when a draft bill which requires a national census was presented for the president to stay in power beyond its current mandate; whereas this law also called for a new national census as the basis for the electoral list and the distribution of seats in the Parliament, which would; delay the electoral process by several years view the vastness of the country and extend the term of President Joseph Kabila;

E.whereas it is essential that credible, democratic and transparent presidential elections are on schedule by the Congolese constitution, because of this constitution was the result of a compromise approved by referendum 85%;

F.whereas since January 2015, Congolese security and intelligence officials have clamped down on peaceful activists, political leaders, and others who oppose attempts to allow President Joseph Kabila to stay in power past his constitutionally mandated two-term limit, whereas this repression was also seen in last weeks;

G.whereas about 45 arrests were made by police and the Congolese intelligence during the "Ville morte" day in Kinshasa, Goma, Uvira and Lubumbashi, mainly targeting opposition parties and members of civil society, calling on Congolese citizens to stay home from work and school on 16 February, for the “Ville morte” day in commemoration of those killed during a pro-democracy march on 16 February, 1992, and to protest the delays in elections and the government’s alleged failure to respect the constitution;

H.Whereas traders and officials who had respected the day "Ville morte" on 16 February 2016, saw their shops sealed for some and disciplinary action for others;

I.whereas 6 Members of the Movement Fighting for Change (LUCHA), were arrested on 16 February before the general demonstration in protest against the delays in organising elections; whereas the six activists were convicted for incitement to rebellion against authorities, hearings took place in just seven days without proper due process,

J.Whereas the signal of Radio France International was cut, on 16 February, in an apparent attempt to disrupt the strike; whereas the government authorities blocked radio signals, text messages, and Internet services during mass demonstrations across the country in January 2015;

K. Whereas a report from Amnesty International reveals how DRC’s justice system is being used to silence critics of a third term by President Kabila by focusing on the case of eight person jailed after peacefully exercising their rights to freedom of expression, association and peaceful assembly,

L. whereas the European Union has been a strong and consistent partner to the DRC over the past 15 years; whereas in 2006, it provided the bulk of financing for the organisation of the first democratic elections in the history of Congo, and the DRC has been one of the top priorities including two military operations and a sustained effort to support security sector reform with two CSDP missions, as well as more traditional areas of cooperation such as health, roads and natural resources management,

M. whereas the situation in the other parts of the country remains explosive, according to the Congolese army, the killing of 13 people in the night of 28 and 29 February 2016 in Beni (North Kivu) by suspected Ugandan rebels in the territory of Beni in eastern DRC; whereas there is urgent need for resolute and coordinated action by the Congolese army and MONUSCO to protect civilians and restore security in the Kivus,

N. whereas the absence of court cases by the DRC, the perpetrators of violations of human rights and war crimes promotes the climate of impunity and the commission of new crimes;

O. whereas the decay of the State institutions, the decline in commodity prices and tax revenues, the increase in unemployment, social crisis, food crisis, core service failure, impoverishment and environmental degradation in the DRC are also determining factors of instability plaguing the country and the Great Lakes region;

P. whereas according to UNESCO, 3,6 millions of orphans are estimated to be living in the DRC; whereas, on 25th September 2013, the Congolese Ministry of Interior and Security, General Direction of Migration, had suspended issuance of exit permits to adopted Congolese children seeking to depart the country with their adoptive parents;

1.Expresses deep concerns about the delays in the electoral process, which may cause a shift in the electoral calendar, thus increasing political tensions and the fear on the possibility of a third term for President Kabila; urges political players to engage constructively in a dialogue and to work for an inclusive and credible electoral process in accordance with the Constitution while agreeing on a consensual electoral calendar,

2.welcomes the decision of the Congolese authorities to review the cases of adoption, blocked since 25th September 2013; takes note of the work of the Congolese Inter-ministerial Committee and the sporadic issuance of exit permits for adopted children; recalls that almost one thousand children have yet to join their adoptive family, sometimes living in extremely precarious conditions; calls on the Inter-ministerial Committee to continue its work diligently and coherently in a serene atmosphere, and to keep children out of the political debate; calls on the EU delegation and Member States to monitor closely the situation;

 

3.Recalls that freedom of expression, association and assembly are the basis of a dynamic political and democratic life; Strongly condemns the increasing restrictions of democratic space and targeted repression of members of the opposition, civil society and media;

4.Calls on the different sides to restore peace so that the entire electoral process is conducted in a peaceful atmosphere without orchestrated violence;

5.Recalls that the European Union continues its dialogue on political governance with all stakeholders in the Republic of the Congo since October 2015, in the joint statement of the political dialogue with the EU on 20 November 2015, recalls the important commitments to improve electoral governance and respect for fundamental freedoms taken by the Congolese government and recorded in the joint statement of the political dialogue with the EU on 20 November 2015;

6.Recalls emphatically that the reforms introduced by the electoral law of 23 January appear to be limited, not taking sufficiently into account the recommendations of the Election Observation Mission of the EU in 2002; regrets that the changes are not transparent, and brings a doubt to the democratic, inclusive and transparent presidential election;

7.Recalls that the respect of the Constitution goes further than respecting timelines, but also by respecting freedoms of speech and media, the right of peaceful assembly, respect for the rights of the opposition all the times in particular in a pre-electoral campaign;

8.Remains concerned about the fate of members and supporters of political parties arrested and awaiting trial;

9.Recommends the respect of the functioning of political parties in avoiding confusion through orchestrated duplicates by the Government to weaken the opposition;

10.Recalls that the full participation of the opposition and independent civil society in the Independent National Election Commission (CENI) is an important factor for the success of the elections; recalls that the CENI should be an impartial institution;

11.Recalls strongly that good governance requires rule of law, able to be accountable and transparent without corruption nor intimidation or arbitrary arrests;

12.Urges for the holding of democratic elections that will lead to a peaceful transition of power, key to longer-term stability in the DRC and in the wider region; Recalls that stability will also depend on the neutralisation of all armed groups in Eastern Congo, where some significant progress were made thanks to the efforts of the Congolese army and MONUSCO,

13.Urges all relevant authorities to rapidly take all the necessary measures to carry out an impartial and thorough investigation into all past and present violations of human rights and to cooperate fully with the International Criminal Court; Urges that measures be taken to ensure that perpetrators of violations of human rights, war crimes, crimes against humanity and sexual violence against women as well as those responsible for the recruitment of child soldiers be reported, identified, prosecuted and punished in accordance with national and international criminal law;

14.warns against any police harassment against political opponents, their relatives and families;

15.Calls for the release of Frederic Baume, activist LUCHA and Yves Makwambala webmaster and graphic artist;

16.Recalls the particular situation of Dr Denis Mukwege and the Panzi Hospital;

17.welcomes the decision of the Congolese authorities to review the cases of adoption, blocked since 25th September 2013; takes note of the work of the Congolese Inter-ministerial Committee and the sporadic issuance of exit permits for adopted children; recalls that almost one thousand children have yet to join their adoptive family, sometimes living in extremely precarious conditions; calls on the Inter-ministerial Committee to continue its work diligently and coherently in a serene atmosphere, and to keep children out of the political debate; calls on the EU delegation and Member States to monitor closely the situation;

18.Emphasizes the rise of fundamentalism in the DRC and the need to fight against any terrorist movement , due to the weakness of public institutions and poor governance;

19.Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the African Union, the governments the countries of the Great Lakes region, the President, the Prime Minister and the Parliament of the Democratic Republic of the Congo, the Secretary General of the United Nations, the special representative of the United Nations responsible for the issue of sexual violence in times of conflict, the United Nations security Council and the Council of human rights of the United Nations and to the ACP-EU Joint Parliamentary Assembly.