A/HRC/24/33
E.
Situation of journalists, human rights defenders, victims and witnesses
1.
Recommendations
30.
At the universal periodic review, it was recommended that the Government develop
a legal framework to protect and ensure the security of journalists, human rights defenders,
and members of civil society and the political opposition.25 It was also recommended that
Government should ensure that members of political parties, media and civil society are
permitted to exercise freely their rights to freedoms of expression, association and peaceful
assembly according to international standards.26
2.
Action taken by the Government and current situation
31.
The situation of human rights defenders and journalists remains precarious, as they
have been regularly intimidated and subjected to death threats, arbitrary arrest and other
human rights violations by State agents and armed groups. For example, after the fall of
Goma in November 2012, at least 19 human rights defenders and three journalists received
death threats from M23 combatants after they had denounced the human rights violations
committed by the group.
32.
The Joint Human Rights Office is also particularly concerned by the delays in the
appeal process, which started in July 2012, before the High Military Court in Kinshasa, in
the case of assassination of the human rights defender Floribert Chebeya and his driver,
Fidèle Bazana. In June 2011, a military court in Kinshasa had found five senior police
officers guilty of murdering Chebeya and Bazana in June 2010. The Office is following the
proceedings closely to ensure that the trial complies with relevant international standards.
33.
The Government’s efforts to protect victims and witnesses who testify in court
remain insufficient. During the period under review, in several cases, the protection needs
of victims and witnesses were neglected, and judicial authorities failed to properly protect
such individuals against the threats they faced for testifying in court. As an example, the
names of victims were read out loud during public hearings before the High Military Court
in the case of General Kakwavu, who is accused for war crimes and crimes against
humanity.
34.
Despite several recommendations made by civil society and other actors, the draft
law on the protection of human rights defenders has been pending before Parliament since
27 May 2011, apparently because it was not part of its priorities. Furthermore, the
protection cell established by the Ministry of Justice and Human Rights for human rights
defenders in 201127 lacks the powers and resources to function effectively.
3.
Action taken by the Joint Human Rights Office
35.
Throughout the period under review, the Joint Human Rights Office followed
closely the cases of human rights violations against journalists, human rights defenders and
victims and witnesses of human rights violations. It continued to provide targeted
protection assistance to victims and witnesses of serious human rights violations who faced
the risk of reprisals for testifying and participating in sensitive trials for serious crimes, as
well as to human rights defenders at risk owing to their work. The Office also provided
judicial authorities with advice on appropriate measures to protect victims during
investigations and trials. It also participated in training sessions and awareness-raising
25
26
27
A/HRC/13/8, para. 96 (22)-(26).
Ibid., para. 94 (102).
A/HRC/19/48, para. 33.
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