DRC activists take on Vodacom & others over internet shutdowns

COMPLAINT AGAINST TELECOMMUNICATION COMPANIES IN THE DRC

Multinationals should not be part of political machinery in the DRC

Lubumbashi, 15th February 2018.

ACAJ, ACIDH, ASADHO/Katanga, HDH, GANVE, IA-ICGD, IRDH and JUSTICIA have started a series of actions related to complaints, on behalf of victims whose right to Internet access was abused by VODACOM, ORANGE, AIRTEL and AFRICELL, four telecommunications’ multinational companies operating in the DRC. Complainants, under the umbrella of the NGOs, will be represented by a group of lawyers led by the former President (Bâtonnier honoraire) of the Lubumbashi Bar, Maître BAKAMBE SHESHA Jacques.

Telecommunications’ multinational companies are accused of:

• Interrupting or interfering with access to the Internet, without any explanation or reimbursement. This constitutes a failure to accomplish own obligation to supply services to Congolese who had paid for megabytes in exchange for the promise of guaranteed free usage, accordingly.
• Refusing to communicate or notify clients about negative incidents that might negatively impact their rights. Companies never informed, but rather tried to justify, afterward, and even presented excuses for prejudices caused to clients.
• In some other cases, companies are accused of following politically motivated orders. They never complained about it or quit the DRC, while it has been established that orders to interrupt or interfere with access to Internet were clearly illegal.

After a retrospective analysis of circumstances surrounding the five instances of disruption of access to Internet, it appears that there were only politically motivated. This causes us to believe that telecommunications’ multinational companies have integrated the political repressive machinery of the political system in power, to the detriment of the Congolese, their clients.

A series of complaints start today at three levels: (i) denunciation to the companies’ ombudsman and Magistrates Court, for further investigation and actions; (ii) filing a complaint in Congolese commercial court, for legal remedies to prejudices suffered; (iii) complaints before the National Contact Point (NCP) of the Organization for Economic Cooperation and Development (OECD) in the countries of origin of the multinationals. France for Orange, UK and South Africa for Vodacom; India for Airtel. The Lebanon based Africell can’t receive OECD complaint.

The Congolese NGOs’ action would like the general public to push for multinational companies to improve their behaviour in the DRC. This campaign will also provide a lesson to other companies not to follow clearly illegal orders from the Government.

1. Action Contre l’Impunité pour les Droits Humains (ACIDH)
2. Association Africaine de défense des droits de l’Homme (ASADHO) section du Katanga.
3. Association Congolaise pour l’Accès à la Justice (ACAJ).
4. Groupe d’Action Non-Violence Evangélique (GANVE)
5. Humanisme et Droits Humains (HDH)
6. Institut Alternatives & Initiatives Citoyennes pour la Gouvernance Démocratique (IA – ICGD)
7. Institut de recherché en droits humains (IRDH)
8. Justicia ASBL

Contact: Maître TSHISWAKA MASOKA Hubert, 00243851103409