A/HRC/19/48 E. Situation of journalists, human rights defenders, victims and witnesses Existing recommendations 30. State institutions should encourage the democratic process and respect the country’s international obligations related to freedom of expression and freedom of the press. The Special Rapporteur on the situation of human rights defenders recommended that the Government adopt laws on the protection of human rights defenders, as well as organize awareness-raising activities for the police, military and judicial officials on the role and activities of human rights defenders, including women, with technical assistance from OHCHR and NGOs. The Government should further remove all obstacles that impede the work of human rights defenders and journalists, protect them from reprisals and take proactive measures to support their work. In particular, the High Commissioner urged the Government to promptly and rigorously investigate the death of Chebeya Bahizire and to spare no efforts to ensure that those responsible are brought to justice. 20 Measures taken by the Government and current situation 31. During the period under review, the situation of journalists and human rights defenders remained highly precarious. On 1 and 2 February 2011, the president and vicepresident of the Association africaine de défense des droits de l’homme (ASADHO) were threatened with death following a press conference, during which they denounced the constitutional reform and political intolerance of the Government towards the political opposition. Journalists touching on sensitive subjects such as corruption, extortion of the population by security forces or the elections are especially prone to harassment by State authorities. 32. On 23 June 2011, the Military Court of Kinshasa/Gombe rendered its judgment in the emblematic case concerning the killing of human rights defender, Floribert Chebeya, and his driver, Fidèle Bazana. Four policemen were convicted, including three in absentia, and sentenced to the death penalty, and a fifth to life imprisonment. Three of the accused were acquitted for lack of evidence. All those convicted launched an appeal. UNJHRO will continue to closely monitor the appeal case, in particular with a view to verifying the standards of fair trial. 33. The High Commissioner commends the willingness of the Government and the initiatives it has taken to create a legal and institutional framework contributing to the protection of human rights defenders. On 27 May 2011, the Government introduced a draft law in Parliament on the protection of human rights activists.21 The High Commissioner hopes that it will be adopted without undue delay. By a Ministerial Decision of 13 June 2011, the Minister of Justice and Human Rights established a protection cell for human rights defenders.22 It will be created within the same Ministry and will liaise with the authorities and non-governmental protection initiatives to follow up on individual cases. 20 21 22 12 See footnote 3; and OHCHR press release, “UN human rights chief calls for rigorous investigation into killing of top Congolese human rights defender,” 3 June 2010. Projet de loi portant promotion et protection des défenseurs des droits de l’homme et des dénonciateurs d’actes de corruption et de détournement des deniers publics en République démocratique du Congo. Arrêté ministériel 219/CAB/MIN/J&DH/2011 du 13 juin 2011 portant création, organisation et fonctionnement d’une cellule de protection des défenseurs des droits de l’homme.

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