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The adoption of the new law also comes after a consultation organised by ISHR and SOS Information Justice Multisectorielle SOS-IJM on 22 March between civil society and senators in Kinshasa to discuss the draft law and ensure that it complies with international standards on the protection of human rights defenders, prior to its adoption.
The law, which contains 30 articles, defines the rights and duties of human rights defenders, their responsibilities, and the remedies, sanctions and reparations available in the event of violations of their rights. Article 3 guarantees freedom of association, assembly and access to information. Article 5 guarantees the possibility of obtaining funding from international entities. While guaranteeing a certain number of rights, article 7 of the law stipulates that defenders who are not affiliated to an organisation must register with the National Human Rights Commission, which will then draw up a list of defenders.
This measure is contrary to the broad definition of human rights defenders contained in article 2 al. This registration would not allow occasional human rights defenders to be registered and therefore benefit from the protections of the aforementioned law.
Moreover, articles 11 and 16 require defenders and NGOs to submit annual reports on their activities to protect and promote human rights, whereas article 45 of the law of 20 July on general provisions applicable to non-profit associations and public utility establishments, already requires NGOs to submit an annual report to the Ministry of Planning. Such a mechanism is essential to ensure the effective implementation of the law. Previously, she advocated for the rights of women in Poland and Macedonia as well as the advancement of freedom of expression in Central Africa.
The UN has reviewed El Salvador's human rights record, with civil society, UN bodies and many States calling for the lifting of the state of emergency which, according to civil society groups, has led to the arbitrary detention of thousands of people.