A/HRC/42/30
32.
Death threats reportedly took place between September and November 2017, after a
request for an evaluation of the ProRoute project to the World Bank’s Inspection Panel was
made public confirming that violations had occurred and announcing the suspension of
reimbursements for all civil engineering works in the ProRoutes project. Kidnapping
attempts were reported in early 2018 when the defenders accompanied survivors to court. It
is reported that the World Bank is in regular contact with threatened stakeholders, including
civil society actors.
33. On 21 May 2019, the Government of China responded,68 stating that there is no factual
basis for the allegations of the Zhengwei Congo (Golden) project, as verified by the local
police investigation and the World Bank. Regarding the non-compliance of “pk99 + 800”
material mining and the delay of the road construction, following negotiations, US$63,185
was paid to the landlord, who withdrew the complaint against Zhengwei Company.
Regarding the complaints from the project team about sexual assault of local residents, the
Government stated that local police concluded that the allegations were unfounded.
Regarding the use of child labor in the project, the Government indicated that the Cong
(Credit) Labor Law allows apprentices of 17 years of age to participate, as some did, but
there was no use of child labor. Regarding the allegations of threats, beatings and
kidnapping by Zhengwei Company, the Government states that following the compensation
agreement was reached in 2017 there has been no formal or informal contact with the
parties.
34.
On 7 June 2019, the World Bank responded69 to the allegations in writing, stressing
that they launched a collaborative discussion to help address the allegations with the UN
agencies in Eastern DRC, and they have worked with the human rights defender over the
past 20 months to address concerns. These actions are consistent with the Bank’s new
Environmental and Social Framework, which has instituted new provisions to help protect
individuals from retaliation throughout the life of a project. Regarding the Bank’s
interaction with the human rights defender affected, while a member of the Bank’s team
met the individual on many occasions, they do not have first-hand evidence of the
allegations. They can, however, confirm that there has been verbal tension between
relatives and members of the community dissatisfied about the suspension of the works.
The Bank indicated that the decision to partially suspend the disbursement for all civil
works under the project was taken, as it became clear that there was a breach of the
Borrower’s social and environmental obligations. The Bank lifted the partial suspension
when authorities met all conditions required.
12.
Egypt
35.
On 2 November 2018, the Special Rapporteur on the right to adequate housing and
the Special Rapporteur on the situation of human rights defenders addressed allegations of
forced evictions and violations of the rights to physical integrity, liberty and security in
what appeared to be “a pattern” of acts of intimidation and reprisals against individuals who
cooperated with the Special Rapporteur on the right to adequate housing during her visit to
Egypt from 24 September to 3 October 2018 (EGY 16/2018; A/HRC/40/60/Add.1, paras.
585, 593; A/HRC/40/61/Add.2, paras. 10–12). The mandate holders underscored that the
alleged violations appeared to be in breach of the Terms of Reference for country visits by
Special Procedures mandate holders of the Human Rights Council.70 Already at the
conclusion of her visit, the Special Rapporteur on the right to adequate housing expressed
68
69
70
24
Response from Government (official translation pending at time of publication):
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=34713.
Response: https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=34732.
See point (c) of the Revised Terms of Reference for country visits by Special Procedures mandate
holders of the United Nations Human Rights Council (based on Appendix V, E/CN.4/1998/45).