Lubumbashi Police Ban C64 March: Citing Public Order Rules

• Lubumbashi police have banned a planned opposition march by the C64 coalition, scheduled for Tuesday, September 15.
• Provincial Commissioner General Blaise Kilimbalimba issued a warning against any disruption to public order, mobilizing security forces to enforce the prohibition.
• The C64 coalition rejects the ban, citing Article 26 of the DRC Constitution which guarantees freedom of peaceful assembly.
• Interim Mayor Joyce Tunda had previously prohibited the demonstration on September 11, citing the need to preserve public order and social tranquility.
• Despite the ban, the C64 maintains its intention to proceed with the march, which aims to reaffirm commitment to constitutional principles.

This stance highlights a fundamental tension between the state's prerogative to maintain public order and citizens' constitutional right to peaceful protest.

Authorities in Lubumbashi have moved to prohibit a planned opposition demonstration, with the provincial police commissioner issuing a stern warning against any disruption to public order. The C64 opposition coalition had scheduled a march for Tuesday, September 15, but this has been met with a definitive ban from law enforcement. This development highlights a critical tension between state authority to maintain public order and constitutional rights to peaceful assembly in the DRC.

General Blaise Kilimbalimba, who serves as the Provincial Commissioner for the Congolese National Police (PNC) in Haut-Katanga, publicly announced the prohibition on Monday, September 14. His declaration came during a joint parade involving both the PNC and the Armed Forces of the DRC (FARDC), held at the Kibasa Maliba stadium in the Kenya commune. This event, which also saw the attendance of civil society representatives, underscored the authorities' resolve to prevent the demonstration.

The police directive reinforces an earlier decision by urban authorities to deny authorization for the C64's planned protest. Despite these official prohibitions, the C64 coalition has publicly affirmed its intention to proceed with the demonstration in the city as planned. Lawyers should advise clients on the heightened risks and legal considerations when organizing or participating in public demonstrations in Lubumbashi, especially concerning potential clashes with police directives and the interpretation of Article 26 of the Constitution.

The C64 opposition coalition has vehemently rejected the prohibition, characterizing it as a direct infringement upon constitutional rights. They specifically invoke Article 26 of the Democratic Republic of Congo's Constitution, which explicitly guarantees the freedom of peaceful assembly in public spaces. This assertion forms the core of their challenge to the Lubumbashi public order regulations.

According to the C64, they had formally notified the mayor's office of their intention to organize a peaceful march as early as September 7. The coalition states that the purpose of their planned mobilization is to underscore their commitment to upholding the Constitution, defending the rule of law, and preserving the nation's constitutional order. This stance highlights a fundamental tension between the state's prerogative to maintain public order and citizens' constitutional right to peaceful protest.

Conversely, the interim Mayor of Lubumbashi, Joyce Tunda, had already issued a city-wide ban on public demonstrations on Friday, September 11. Her justification for this measure centered on the imperative to safeguard public order and ensure social tranquility across the city, setting the stage for the current standoff regarding DRC freedom of assembly.

In response to the C64's continued defiance, General Blaise Kilimbalimba issued a clear warning to the populace, urging residents to continue their daily activities without interference. He explicitly cautioned against any individual or group whose actions or conduct might seek to disturb the public peace and order. The General Blaise Kilimbalimba statement emphasized that security forces are fully prepared to support politico-administrative officials in implementing the decision to defer the scheduled march.

The joint parade, which brought together elements of the PNC and FARDC, served a dual purpose: to communicate the prohibition and to reiterate operational guidelines for security personnel. These guidelines focused on effective crowd management and the prevention of potential excesses, particularly along Lubumbashi's primary thoroughfares. This mobilization underscores the authorities' determination to enforce the protest prohibition under Lubumbashi public order regulations.

The situation in Lubumbashi stands in contrast to developments in the nation's capital, where an opposition demonstration received authorization from the provincial government. This approval, however, came with specific conditions, including modifications to the march's designated itinerary and its final assembly point. This disparity suggests varying approaches by regional authorities within the DRC to managing opposition activities and the interpretation of DRC Article 26 Constitution.

Despite the explicit prohibition from both the interim mayor and the provincial police commissioner, the C64 opposition demonstration remains steadfast in its commitment to proceed with its planned march on Tuesday. This firm resolve from the C64, coupled with the Haut-Katanga protest prohibition, sets the stage for a potential confrontation regarding the exercise of freedom of assembly and the limits of state authority.

This development highlights a critical tension between state authority to maintain public order and constitutional rights to peaceful assembly in the DRC. Lawyers should advise clients on the heightened risks and legal considerations when organizing or participating in public demonstrations in Lubumbashi, especially concerning potential clashes with police directives and the interpretation of Article 26 of the Constitution.

Source: Reporting via local news sources