A/HRC/16/27
origin and ensure the traceability of minerals so as to update its monitoring systems and
increase its share of revenue from mining. Tax collection also remains inadequate. State
officials do not have the means to cover the entire territory and their low salaries make
them susceptible to corruption. The Government is also confronted by a lack of security in
the provinces of the east, where most of the exploitation of natural resources is
concentrated.
E.
Situation of journalists, human rights defenders, victims and witnesses
38.
A number of recommendations have been made in the past, including that State
institutions should encourage the democratic process and that the State should respect its
international obligations related to freedom of expression and freedom of the press. During
her visit in May 2009, the Special Rapporteur on the situation of human rights defenders
also recommended that the Government should adopt laws on the protection of human
rights defenders, respect the regime of notification governing the right to peaceful assembly
and grant legal personality to NGOs that met the administrative requirements.23
Actions taken by the Government and the current situation
39.
In my last report on this subject, I drew a very bleak picture of the situation of
journalists, human rights defenders, victims and witnesses. The situation has barely
improved in the period under review. In fact it is getting worse. The most telling recent case
was the murder of Mr. Floribert Chebeya Bahizire.24 On 2 June 2010, a day after he had
been summoned to the office of the Inspector-General of Police in Kinshasa, his body was
found in his car. The chauffeur who was with him is still missing. The trial in the case
opened on 12 November 2010 at the Gombe military court in Kinshasa. Of the eight police
officers charged with murder, kidnapping, misappropriation of munitions, conspiracy and
terrorism, five — all of whom were being held in Makala prison in Kinshasa — appeared
before the court. The other three are still on the run and will be tried in absentia. The
hearings resume on 3 December 2010, giving the defendants time to prepare their defence.
40.
During the universal periodic review,25 the Government of the Democratic Republic
of the Congo undertook to adopt an effective legal framework for the protection of human
rights activists in line with the Declaration on Human Rights Defenders (General Assembly
resolution 53/144). Despite this undertaking, however, at the time of writing no bill or
proposal for a national law has been put forward, and cases of violence, harassment and
threats against human rights defenders continue to be observed. My Office is ready to
provide the Government with all the technical assistance it needs to implement a suitable
legal framework.
41.
Journalists’ working conditions have deteriorated in the last few months and could
get even worse as the presidential and parliamentary elections draw near in 2011.
Journalists covering supposedly sensitive events or issues such as the exploitation of natural
resources or public procurement are at greatest risk of threats, intimidation and other
violations of their rights.
42.
Within the framework of the universal periodic review,26 the Congolese Government
pledged to take further steps to create an environment conducive to the freedom and
independence of the media. Some progress has been made. In the period under review, new
23
24
25
26
12
See footnote 1.
See High Commissioner’s press release of 3 June 2010.
A/HRC/13/8, para. 94, recommendation No. 106.
Ibid.
GE.11-10197
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