A/HRC/10/59
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8.
Strengthening state and civil society structures
to promote and protect human rights
112. As soon as legislation on an independent national human rights commission is
adopted, donors should provide adequate technical advice and assistance to establish the
Commission and integrate it into regional and international networks of national human
rights institutions. Within the commission, a human rights defenders focal point should be
established whose tasks would include: investigating human rights violations against
defenders; raising awareness on international and regional human rights instruments
pertaining to the work of human rights defenders; ensuring that national legislation is in
conformity with these instruments; making recommendations to the Government,
Parliament and other state institutions with regard to the situation of human rights
defenders, and following up on these recommendations; and offering legal assistance to
human rights defenders.
113. Parallel to that, the Ministry of Human Rights should be empowered to identify
human rights trends -in consultation with civil society- and ensure that they are taking into
account in the policy-making process at the national level. Donors should consider assisting
the Ministry with funding to re-establish small offices in the provinces and enable them to
deal with complaints of the population against government officials regarding human
rights issues. Furthermore, the Ministry should be trained by OHCHR on drafting
methodology to meet in a timely manner its reporting obligations before United Nations
treaty bodies. The Ministry should also translate the Declaration on Human Rights
Defenders in the main local languages and disseminate it within the state apparatus and
civil society, and deliver awareness-raising training to the police, military and judicial
officials on the role and activities of human rights defenders, including women defenders,
with technical advice and assistance from OHCHR and NGOs.
114. More generally, the emergence of a confident and coordinated civil society that can
only prosper in a state of democracy, rule of law and full government commitment to
individual freedoms and liberties should be fostered and supported. The Government
should recognize the legitimacy of the work of human rights defenders, including women
defenders, and acknowledge it as human rights work. It should further remove all obstacles
that impede their work, protect them from reprisals, and take proactive measures to
support their work. The adoption of national and provincial laws on the protection of
human rights defenders, developed in consultation with civil society and on the basis of
technical advice from relevant international agencies, would be a particularly strong signal.
OHCHR, MONUC, and the European Union should continue their witness protection
programme and expand its ambit to human rights defenders in all provinces.
115. In addition, illegitimate restrictions on the exercise of the right to freedom of
association should be lifted: when NGOs applying for registration comply with all
administrative requirements, legal personality should be immediately granted to them.
Furthermore, the regime of information governing the exercise of the right to freedom of
peaceful assembly (article 26 of the Constitution) should be respected without any
arbitrary interference from the executive. Finally, the draft bill on the organization and
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