xxx.
Harmonize the national legislation on freedom of expression and access to
information to be consistent with Article 9 of the African Charter and the Declaration
of the Principles of Freedom of Expression in Africa;
The DRC has taken note of this recommendation and has implemented it by drafting a bill on the
decriminalization of press offences by the government for media professionals and by publishing
Decree No. 14/007 of 4 March, 2014 on the establishment, organization and operation of National
Migration Committee on Digital Terrestrial Television.
xxxi.
Adopt legislation on access to information with the aim of implementing Article 9 of the
African Charter and the Declaration of Principles on the Freedom of Expression in Africa;
The DR-Congo has taken note of this recommendation, but the draft bill on access to information
has been with Parliament since September 2015.
xxxii. Take the necessary measures to actualize the right of freedom of expression and provide
journalists with all the appropriate safeguards in carrying out their professional duties;
The DR-Congo has taken note of this recommendation and is implementing it. Indeed, a law on
press freedom was enacted in Parliament and the Higher Audiovisual and Communication Council
was established. Furthermore, the Government resolved to deepen the collaboration between the
public authorities and media practitioners in order to organize capacity building sessions for
media professionals on regular basis and ensure the participation of political stakeholders without
discrimination through broadcasts in the radio stations and the television networks. In addition,
to further strengthen the right to freedom of expression and the safety of journalists in carrying
out their professional duties, the Congolese State encourages the establishment of nongovernmental organisations which bring together media professionals.
xxxiii. Ensure that all political parties have equal access to instruments for the broadcast of
information during political and electioneering campaigns;
During the electioneering campaigns, all political parties have equal access to instruments for
the broadcasting information by complying with the relevant rules and regulations as determined
by the Higher Audiovisual and Communication Council through guidelines and decisions, in
particular the 2006 and 2011 guidelines on electioneering campaigns, Decision No.
CSAC/AP/007/2001 of 22 October, 2011 relating to the implementing measures for the Directive
governing electioneering campaign through the media, Act No. CSAC/B/005/2011 of 25 October
2011 on the establishment of a Vigilance and Electoral Ethics Committee through the Media,
Observation No. CSAV/S-CVEM/K/033/2011 of 24 November 2011 on impartiality of the Media
in a period of elections, Observation n° CSAV/S- CVEM/K/055/2011 of 14 December 2011 relating
to media hype of opinions on the results of the 28 November, 2011 election results.
Indeed, the organic law on CSAC, under Article 4, specifies clearly that the CSAC shall ensure
equal access by political parties, associations and any other person to official means of
information and communication.
xxxiv. Take the necessary measures to speed up and operationalize the Independent National
Electoral Commission and the Higher Audiovisual and Communication Council;
The DR-Congo has taken note of this recommendation and has implemented it. As at now, the
Independent National Electoral Commission and the Higher Audiovisual and Communication
Council have been established and are working smoothly.
xxxv.
Take the necessary legislative and regulatory measures for the criminalization of torture
in the Penal Code;
The Congolese lawmakers have adopted Law No. 11/008 of 9 July, 2011 on criminalization of
torture and an awareness raising campaign has been organized in this regard by the Ministry of
Justice and Human Rights among law enforcement agencies and the population.
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