A/HRC/42/30
acknowledge that these events occurred and had not taken steps to investigate or prevent
them. The Committee urged Cuba to adopt the necessary measures to ensure that rights
defenders, particularly those working against racial discrimination, are not subjected to
arbitrary restrictions that prevent them from participating in meetings by international
human rights mechanisms (CERD/C/CUB/CO/19-21, paras. 13–14).
28.
In November 2017, Mr. Norberto Mesa Carbonell, Afro-descendant and founding
member of the Cofradía de la Negritud (“Black Brotherhood”), had participated in the
United Nations Forum on Minority Issues and engaged with Cuba’s UPR. In July 2018, Mr.
Mesa Carbonell was reportedly intimidated by State security agents with legal action
against a relative if he submitted information to CERD. Due to this, Mr. Mesa Carbonell
decided not to submit the alternative report. On 30 August 2018, the Committee sent a letter
to the authorities addressing these allegations and requesting a response with information
on measures taken to prevent and address reprisals against those who cooperate with the
UN. On 15 October 2018, the Government responded to the Committee. On 30 April 2019,
Mr. Mesa Carbonell was arrested by the police without charges, held in a cell overnight
without access to necessary medicine or to a phone call, and released the next day.
29.
On 20 June 2019, the Government responded denying the allegations, including the
alleged pattern of reprisals against those who cooperate with the UN. The Government
asserted that allegations are taken by the UN as valid despite information put forward by the
authorities that is not taken into account. In the view of the Government, this does not
respect the principles of objectivity, impartiality and non-selectivity and contributes to the
politicization of the issue, in particular “the selective and arbitrary use of the mechanism
against developing countries.” The Government stated that the defense of human rights is a
noble cause that it has always supported and will continue to support, and it is not acceptable
that it is manipulated as a pretext to violate the right of the peoples to self-determination.
11.
Democratic Republic of the Congo
30.
In January 2019, a member of civil society in Kwilu Ngongo (Central Kongo
Province) reported and publicly denounced an incident to the UN Joint Human Rights
Office (UNJHRO) of the United Nations Organization Stabilization Mission in the
Democratic Republic of the Congo (MONUSCO), where two men had been arrested,
stripped and walked naked in the street mid-day on the order of a police officer. After
UNJHRO brought the incident to the attention of the relevant authorities, criminal
proceedings were initiated against the police officer involved. On 8 February 2019, during a
public meeting in Kwilu-Ngongo, the deputy administrator of the Mbanza-Ngungu
Territory announced the suspension of the defender from his functions and appointed an
interim chairman of the civil society organization. The local authority refused to give the
floor to the defender in question during the meeting, calling him a whistle-blower and an
informant of the UNJHRO. The decision was later announced through the local community
radio, threatening legal proceedings against the defenders in case of non-compliance.
31.
On 12 April 2019, five special procedures mandate holders expressed concerns at
death threats and kidnapping attempts against human rights defenders working with the
Réseau d’aide aux Femmes et Enfants Nécessiteux (RAFEN) as reprisals for cooperation with
the World Bank (COD 1/2019; CHN 2/2019; OTH 15/2019; OTH 16/2019). Defenders
reportedly documented and denounced to the World Bank and its Inspection Panel acts of
gender-based violence and the use of child labour by employees of the Zhengwei Technical
Cooperation Company (SZTC) in charge of building the Bukavu-Goma road, as part of the
High-Priority Roads Reopening and Maintenance Project in the DRC (ProRoutes).
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.
GE.19-15332
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