2023-08-31 16:52:15
The national commissioners of the National Human Rights Commission withdrew their confidence in Paul Nsapu Mukulu as President of the CNDH. Which confidence was granted to him on February 21, 2023, and therefore invites him to present his resignation immediately, under penalty of resorting to the provisions of article 19 of the organic law.
Consequently, the national commissioners of the National Commission for Human Rights point out that any act taken by Paul Nsapu Mukulu on behalf of the Institution from this date will be null and void.
According to Mrs. Gisèle Kapinga Ntumba, coordinator of the Sub-Commission for the Rights of Women and Children, Mrs. Véronique Ngongo Furah, coordinator of the Sub-Commission for the Rights of Persons Living with Disabilities and other Vulnerable Persons, the resignation of Paul Nsapu Mukulu from his duties as President should enable the Institution to heal from its wounds, restore the solemnity of the CNDH and restore confidence to executives and agents.
Here are the facts below which compromise the proper functioning of the National Human Rights Commission and of which Paul Nsapu Mukulu is the author according to the national commissioners:
1. Violation of the right to human dignity:
Having made verbal and physical threats against colleague Commissioner Jean-Richard Tshibanda on August 9, 2023 and having at the same time shouted loud and clear, and in the presence of CNDH executives and agents, in front of the door of the Commissioner: ” Where is he? If he was there, I was going to box him”. Having made physical and verbal threats to Deputy Rapporteur Paulette Lokonya Sefu on August 9, 2023 for refusing to comply with your illegal request to access CNDH funds housed at the TMB bank. Letting your bodyguard make threats to members of the Deputy Rapporteur’s cabinet.
2. Recurring influence peddling on behalf of both civil and political authorities:
having declared on August 16, 2023 that the authorities of the country, among others, the Chief Inspector of the IGF, the President of the Court of Auditors and the President of the National Assembly would have supported you in your approach to illegally accessing CNDH funds at the TMB bank to pay a debt of $120,000 that was ignored by the Plenary;
3. Violation of the code of good conduct of the public official of the State:
Having maintained the embezzlement of 30% of the funds intended for the CNDH for the benefit of pseudonyms “External speakers” since April 2023 whose names you have refused to reveal to date.
4. Mercantilism at the CNDH:
Having unilaterally contracted loans from individuals for expenses not endorsed by the Plenary of the CNDH and at staggering interest rates, such as the loan of $100,000 from an unknown creditor at the repayable interest rate of 20%.
5. Flagrant violation of the provisions of Organic Law No. 13/011 of March 21, 2013 on the establishment, organization and functioning of the CNDH relating to the powers of National Commissioners (cfr. Article 6)
Have established a vertical management of the CNDH Institution; Having repeatedly usurped the powers of your fellow CNDH commissioners, as denounced, by way of illustration, in the letter from Colleague Jean-Richard Tshibanda of August 17, 2023.
6. Having unilaterally and without the opinion of the Plenary terminated the work of a large number of CNDH agents and executives in April 2023.
7. Lack of a program plan for the operation of the CNDH which, five months after your taking office as President and the Institution it sails on sight.
8. Attempt to embezzle the operating costs of the CNDH, to pay a colossal debt of $120,000, unknown to the Plenary.
9. Outrageous attitude and behavior, characterized by contempt for your Colleagues to the point of calling them “crooked administrators”, without proof in a public letter, thus exposing them to public condemnation and dishonour.
10. Permanent attitude of opposing your fellow Commissioners by resorting to lies and trickery, thus creating an unhealthy work climate.
11. Politicization of the function of President of the CNDH:
Having carried out, on your own initiative, reasoned visits to the prisons of Makala and Ndolo to emblematic prisoners (according to your words) and having shown a manifest lack of interest in doing the same with other prisoners.
12. Refusal to present the financial report of the CNDH for the first half of the year 2023 as prescribed by article 68.c of the Rules of Procedure of the CNDH, despite repeated requests from your fellow commissioners.
In view of the serious facts described above which reflect a deliberate violation of the oath to take office taken by Mr. Paul Nsapu Mukulu before the Constitutional Court on February 22, 2023 and in the face of his manifest refusal to comply with the texts, in pursuant to the general principle of parallelism of forms and competences, having regard to Organic Law No. 13/011 of March 21, 2013 on the establishment, organization and functioning of the National Commission for Human Rights, especially in its article 19, having regard to the Resolution of the National Assembly n°008/CAB/P/AN/MNPC/2022 of December 15, 2022 appointing the members of the National Commission for Human Rights, Considering Ordinance n°23/009 of January 27 2023 on the investiture of the Members of the National Human Rights Commission, Considering the Internal Regulations of the National Human Rights Commission of February 27, 2023, especially in its article 20, Considering the necessity and the urgency, the National Commissioners of the National Human Rights Commission withdraw their confidence in Paul Nsapu Mukulu.
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