“The SCA provided the CNDH with an opportunity to comment on how it publicly addresses human rights violations including regarding its official position on the on lifting of the moratorium on the execution of death penalty, the monitoring of human rights during the electoral process, the security situation and the recent attempted prison breaks at the Makala Central Prison of September 2024 in Kinshasa.
The CNDH informed the SCA that:
- It has always recommended that the State abolish the death penalty, and this position was reaffirmed in March 2024 when the State decided to lift the moratorium on execution of death penalty sentence. The CNDH indicated that it has advocated for the State ratification, with reservations, of the Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty.
- Its reports on the monitoring of the 2023 presidential elections are yet to be completed and made public until the finalisation of local and municipal elections. The CNDH notes that it has shared some of the cases it has received with the Court of Cassation.
- It sits as an advisory member of the government commission of inquiry into the recent attempted escape from Makala Central Prison in Kinshasa in September 2024 but will soon publish its independent report on the matter.
The SCA calls on the CNDH to interpret its mandate in a purposive manner to promote a progressive definition of human rights, including the advocacy toward the abolition of the death penalty without reservations. NHRIs are expected to ensure respect for all human rights and the strengthening of the rule of law in all circumstances, and without exception.
The SCA recommends that the CNDH take immediate and demonstrable action to address all allegations of human rights violations, including issuing public statements condemning human rights violations.
The SCA recognises that the CNDH operates in a challenging environment and encourages it to make proactive efforts to protect and promote all human rights, in particular civil and political rights.
The SCA refers to Paris Principles A.1, A.2, and A.3 and its General Observation 1.2 on ‘Human rights mandate.”