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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