Committee on the Rights of the Child considers the reports of the Democratic Republic of the Congo

The Committee on the Rights of the Child today concluded its consideration of the combined third to fifth periodic report of the Democratic Republic of the Congo on its implementation of the Convention on the Rights of the Child, as well as its initial report on the implementation of the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography.
 
Marie-Ange Mushobekwa-Likulia, Minister of Human Rights of the Democratic Republic of the Congo, introducing the reports, said that juvenile courts and their chambers, as well as juvenile justice mediation committees had been set up in the provinces.  Polio had been successfully eradicated, while child mortality due to malaria had been greatly reduced.  The education budget had been increased to 15 per cent of the national budget and 88 per cent of children now attended school.  The strategy and plan of action to fight against sexual violence had been adopted, and since the appointment of a Special Representative to fight sexual violence and child enrolment in armed groups, the rate of sexual violence had been reduced by half.  Significant progress had been made in the fight against the recruitment of children in the armed forces, since the signing of the plan of action with the United Nations in 2012.  Measures taken to fight the sale of children had led to the breaking of a cross-border trafficking ring, and the handing down of sentences to the perpetrators, including for one Chief of a border post who had been sentenced to 10 years in prison for trafficking of children for purposes of sexual exploitation.
 
In the ensuing dialogue, Committee Experts expressed worry about the situation of children in the Democratic Republic of the Congo, in particular about violence against them in many forms, and poverty.  The allocation of resources remained insufficient, particularly for the health and juvenile justice sectors - how would the budgetary allocation for children be maintained in the light of the economic crisis, reduced export earnings, and corruption?  The child mortality rate was worryingly high, particularly in rural areas, due to the lack of resources for health services and violence caused by the armed conflict.  Sexual violence and abuse of girls was widespread, particularly in the east, but it seemed that violence against women was present throughout the country and in all settings and it seemed to be culturally accepted, even by the women themselves.  What was being done to put an end to impunity for sexual violence, including by the police and the military?  The delegation was also asked about actions to address the significant gender gap in education; the global strategy for eradicating discrimination against vulnerable groups, including pygmy and albino children, and protect them from violence; and efforts to ensure birth registration throughout the country.
 
On the Optional Protocol on the sale of children, child prostitution and child pornography, Experts expressed concern that parents were sometimes offered “gifts” in exchange for their children.  Questions were also raised on the ability of the State to control access to child pornography sites.  The delegation acknowledged that it was difficult to exercise supervision over the Internet. 
 
In concluding remarks, Suzanne Aho Assouma, Committee Member and Co-Rapporteur for the Democratic Republic of the Congo, commended the progress the country had brought about.  There was still very much that remained to be done, and colossal challenges remained with maternal and infant mortality, the fight against poverty, birth registration, child soldiers, etc. 

Ms. Mushobekwa-Likulia, in concluding remarks, stressed that the country had the machinery to put into place all the commitments undertaken by the Government. The Committee was thanked for all the recommendations and constructive criticism, which would be taken into consideration.    
 
The delegation of the Democratic Republic of the Congo included representatives of the Ministry of Human Rights, Ministry of Gender, Child and the Family, and the Permanent Mission of the Democratic Republic of the Congo to the United Nations Office at Geneva.
 
The concluding observations on the reports of the Democratic Republic of the Congo will be made public on Monday, 6 February and will be available here.
 
The Committee will reconvene in public on Friday, 20 January at 10 a.m., to consider the second periodic report of the Central African Republic (CRC/C/CAF/2).
 
Reports

The combined third to fifth periodic report of the Democratic Republic of the Congo under the Convention can be read here: CRC/C/COD/3-5, and the initial report under the Optional Protocol on the sale of children, child prostitution and child pornography here: CRC/C/OPSC/COD/1.
 
Presentation of the Report
 
MARIE-ANGE MUSHOBEKWA-LIKULIA, Minister of Human Rights of the Democratic Republic of the Congo, started by saying that the report took stock of the progress achieved since the last review in 2009 and the implementation of the Committee’s concluding observations.  In order to speed up the implementation of the child protection code, the Democratic Republic of the Congo had set up juvenile courts and their chambers throughout the provinces, created juvenile justice mediation committees, and set up Children’s Committees.  In addition, it had promulgated a number of laws, including the organic law creating the National Human Rights Commission, the educational law, the act concerning the implementation of the rights of women and gender parity, the act to amend and complete the family code, and the act to amend and complete the labour law.
 
In terms of operational structures for the protection of the rights of the child, there were 18 juvenile courts with 63 judges, 830 Children’s Committees, and training of police officers had been undertaken as well.  There had been delays in the setting up of the National Children’s Council, but the Government remained committed to establishing this body in line with the children’s law, said the Minister.  Polio had been successfully eradicated, while child mortality due to malaria had been greatly reduced.  The education budget had been increased to 15 per cent of the national budget and 88 per cent of children now attended school. 
 
Efforts were being deployed to improve birth registration, including through the drafting of the national strategy and plan of action 2014-2018 to give new impetus to civil services.  To prevent the torture of children in detention facilities, a special police unit had been set up, whose members were trained in children’s rights and the law against torture.  The national strategy and plan of action for the fight against sexual violence had been adopted; since the appointment of a Special Representative to fight sexual violence and child enrolment in armed groups, the rate of sexual violence had been reduced by half.  All cases of sexual violence reported to the judicial authorities were systematically investigated and prosecution engaged, while a zero tolerance policy to rape was in place, and a special police unit was tasked with fighting sexual violence.  In 2012, the Government and the United Nations had signed a plan of action which contained a number of commitments to fight the recruitment of children in the armed forces, and significant progress had been made in this domain.  Ms. Mushobekwa-Likulia reiterated the commitment to improving the situation of children in the country, and said that the Government would ratify the Convention’s third Optional Protocol on a communications procedure.
 
Turning to the initial report on the implementation of the Optional Protocol on the sale of children, child prostitution and child pornography, which had been ratified in 2001, the Minister said that the Democratic Republic of the Congo continued to strengthen the legal framework for the protection of children’s rights.  Article 41 of the Constitution prohibited the neglect and abuse of children, together with paedophilia, sexual abuse, and accusations of witchcraft against children.  In 2016, the Family Code had been amended to strengthen the protection of children, which allowed for the creation of the Adoption Office; in situations of conflict, children could not be put up for adoption before having spent one year in a specialized institution of the State.  Measures taken to fight the sale of children had led to the breaking of a cross-border trafficking ring, and the handing down of sentences to the perpetrators, including for one Chief of a border point who had been sentenced to 10 years in prison for trafficking of children for purposes of sexual exploitation.
 
Questions by the Committee Experts
 
BERNARD GASTAUD, Committee Expert and Country Rapporteur, welcomed the Minister’s announcement concerning the third Optional Protocol to the Convention on a communications procedure, as well as progress made in the Democratic Republic of the Congo on the protection of the rights of the child, particularly in the legal and policy domain.
 
Mr. Gastaud recognized the seriousness of the problems facing the Democratic Republic of the Congo, and expressed worry about the situation of the rights of the child in the country.  Two issues were of special concern, he said, namely violence in its many forms, and poverty.
 
While welcoming the law on the protection of children, Mr. Gastaud was concerned that the implementing texts were not yet in place and asked when they would be ready.  Were there any judicial cases which applied directly the provisions of the Convention?
 
There were concerns about the effectiveness and efficiency of the National Council for Children – could the delegation comment?  What was the relationship between other bodies for the protection of children and the National Council for Children itself?
 
What were the results of the many national plans of action for children and was there any intention to adopt in the future one unified national action plan for the rights of the child?
 
The allocation of resources remained insufficient, particularly to health and juvenile justice sectors.  What measures would be taken to increase sums allocated and were there any traceable indicators to ensure that the allocated resources were really used for that purpose?  What was the situation with the planned revision of the tax code and how would the allocation for children be maintained in the light of the economic crisis, reduced export earnings, and corruption?   
 
The delegation was also asked about training in human rights, including on children’s rights, and how those programmes were delivered in schools and other institutions of concern to children, as well as to the public; the situation of the National Institution for Social Workers which seemed to lack resources and qualified staff; insufficient legal recognition of civil society organizations; the declining number of non-governmental organizations; and the decreasing support and funding for these organizations by the Government. 
 
The Country Rapporteur asked how the Government ensured the appropriate monitoring of the activities of mining and extractive industry companies, whose business activities had a negative impact on children through the forced displacement of communities, pollution, and large-scale deforestation.
 
JOSÉ ANGEL RODRÍGUEZ REYES, Committee Expert and Country Co-Rapporteur, inquired about the definition of the child and noted that there were two basic laws, the family code and the child protection act, which seemed to be in contradiction.  What was the minimum age of marriage for boys and for girls, and what rule was applicable in this matter?  What was the state of play concerning the amendments to the family code?
 
What was the global strategy for eradicating discrimination against vulnerable groups, whatever the basis for discrimination might be? What policies were being adopted to address discrimination against Pygmy people and to ensure their access to basic services and land?
 
There seemed to be a significant gender gap in education.  What was being done to tackle the issue and to encourage parents not to discriminate against girls when sending their children to school?
 
The Country Co-Rapporteur asked about measures taken to fight gender-based violence, and to protect children with albinism from violence and discrimination.
 
Turning to the best interest of the child, Mr. Rodríguez Reyes asked about measures adopted to ensure proper understanding of this principle by the courts and what happened to court decisions which did not take the principle into account.
 
The rate of child mortality was worryingly high, particularly in rural areas.  What budgetary resources were being allocated to health?  How did the Democratic Republic of the Congo protect children from violence in armed conflict, and what was being done to bring perpetrators of that violence to justice?
 
What was the status of the decree establishing the Children’s Parliament?  What system was in place in rural communities and in courts to ensure that children were heard and that their opinions were taken into account?
 
On birth registration, a Committee Expert inquired about the status of the national action plan on birth registration, measures to address the very low rates of birth registration in the provinces of North Kivu and Katanga, and also to ensure that registration centres effectively reached people in remote areas and also people on the move due to the armed conflict.
 
Another Expert asked how the Government assured the cohesion, unity and cultural diversity of children, and preserved their cultural identity.  What measures were in place to ensure the privacy of a child’s image?  What protection was available for homosexual, lesbian and bisexual children, pygmy children and children with albinism; were there any restrictions on special protection?
 
On violence against children in all its forms and ill treatment by the police, the delegation was asked when the special police unit for the protection of children had been established, whether an assessment of the results of its work had been made, and what was being done to monitor that children were not tortured by the police.  Corporal punishment was not explicitly prohibited by law in all settings – was the Democratic Republic of the Congo considering using the amendments to the family code to prohibit corporal punishment in the family and other settings?
 
Sexual violence and abuse of girls was widespread, particularly in the east, but it seemed that violence against women was present throughout the country and in all settings, and it seemed to be culturally accepted, even by the women themselves.  Could the delegation inform on the implementation and the results of the national strategy against sexual violence?  What protection networks were available in provinces and what was being done to put an end to impunity for sexual violence, including by members of the armed forces who were participating in the United Nations peacekeeping missions?
 
On harmful traditional practices, girls continued to be married as early as 12 years, also as a solution to poverty.  What steps were being taken to address early and child marriages, the practice of female genital mutilation, and the torture of children accused of witchcraft?
 
Responses by the Delegation
 
Responding to questions raised on various forms of violence, the delegation reiterated that progress had been made on protecting children from violence and sexual violence, including through programmes to raise awareness on the fight against sexual violence.  It was clear that an essential element in this fight was the prosecution and punishment of perpetrators.  In this vein, the President had appointed a Special Representative for the fight against sexual violence, which had led to a 50 per cent decrease in sexual violence, as reported by various United Nations agencies present in the Democratic Republic of the Congo, including the United Nations Stabilization Mission in the Democratic Republic of the Congo (MONUSCO).
 
The implementation of the laws on the protection of the child was a process; laws had been adopted by the Parliament and promulgated by the Head of State, which was an indication of the political commitment of the Democratic Republic of the Congo.  At the moment, the Government was working on the dissemination of the laws to relevant agencies and services, and awareness raising among the members of the general public.  Sexual violence was not yet eradicated, but there was a political will and commitment, with the support of partners, to fight the phenomenon.
 
The Commission on the Rights of the Child had already been set up, and was composed of representatives of relevant ministries, non-governmental organizations working on human rights and child protection issues, and partners supporting the process.  The Commission suffered from a lack of resources to implement all the recommendations it had made and the delegation appealed for the support of the international community in this regard.
 
The Democratic Republic of the Congo had improved its tax system, applied the value-added tax, and created a single window to facilitate foreign and national investment.  Commercial courts had been set up to avoid abuses of the past, the business climate was improving, and it was clear that those investments would provide a tax base to raise revenues required for the population of the country.
 
The Democratic Republic of the Congo was vast and it was not always possible to reach people throughout the country.  The last population census had taken place in the 1980s, and there were many Congolese without identity cards, which were also used as voting cards.  The National Office for Identification of the Population had been created to facilitate the identification of the population and the delivery of identity cards, however, the Office had not been set up yet.  Carrying out a census would be necessary to get a better idea of the population, which would be essential for a more equal distribution of wealth, registration of all children, and facilitation of development.
 
The family code clearly set the legal age of marriage at 18, and since it had been promulgated there had been no marriages involving minors.  In villages, where customary codes still prevailed, there were isolated incidents of early marriages, and awareness raising activities were being undertaken in those communities.  Having a sexual relationship with a minor was considered as rape and perpetrators were prosecuted.
 
As far as the special protection of vulnerable groups was concerned, Parliament had adopted a law on the protection of vulnerable persons, in particular persons with disabilities and persons with albinism.  There had been discrimination in the past, and it persisted, as it did in many other parts of the world.  All reported cases of discrimination were investigated and perpetrators prosecuted. 
 
In terms of girls’ education, great efforts were being deployed to persuade the population that all were equal before the law, that human rights were universal, and that no race or gender was superior to others.  A campaign was in place in partnership with the United Nations Children’s Fund to ensure that girls were sent to school, and there were plans to expand the campaign throughout the country as soon as resources were made available.
 
The amended family code clearly stipulated that all children were legitimate and that all children had a right to a mother and a father.  Only monogamous marriages were recognized by this law.
 
The Government employed efforts to ensure that basic health care was available to all its citizens, and that at least a dispensing pharmacy was available in each village.  The project was ongoing to build a referral hospital in each provincial capital.  A number of challenges continued to exist in the health sector and the Government counted on the generous support of its partners.
 
Civil registration services were available in all provinces of the country; great efforts were being deployed to ensure that local authorities set up civil registries.  Still, not all the children were registered, also because there were parents who did not believe in the need to register their children.
 
Follow-up Questions and Answers
 
In their follow-up questions, Committee Experts asked about tangible measures to protect from discrimination children with albinism, pygmies, and all other vulnerable groups; how could the Cabinet be persuaded about the importance of setting up the National Office for the Identification of the Population and allocating resources to ensure it was fully operational; the coordination role of the National Children’s Council; and the state of play and the Government plans to improve data collection.
 
Responding, a delegate said that since 2002, the Government had been promoting the participation of children and the functioning of the Children’s Parliaments.  Efforts were being made to draw up a strategic plan to address gender-based violence, with the support of partners.  A database on sexual and gender-based violence had been created in the Ministry for Gender; it covered the whole country and periodic reports were being issued which defined the dimension of the problem.
 
Questions from the Experts
 
In the next series of questions, Committee Experts asked about the full recognition of children born out of wedlock, particularly in the light of the family code.  What was the situation with family assistance to poor families?
 
The issue of children separated from their families in conflict situations was of concern, particularly in the Kivus.  What support was being provided to those children and the families they were staying with, how were those families monitored, and how were the orphans from the recent Beni massacre being cared for?
 
The conditions in orphanages were terrible – what was being done to improve that situation?
 
International adoption had been halted, although there were 1,200 children who had been released from care as they entered adoption procedures.  What was the situation of those children and what was being done to improve the legal situation of international adoption?
 
How many children with disabilities were in the country, were any programmes of detection of congenital malformations available, and what was the social situation of those children?
 
The current health care financing stood at four per cent of the public budget, which was way below the 15 per cent set by the Abuja Guidelines on healthcare financing.  What was being done to improve access to health services for children in remote areas, and in conflict affected areas?  What was being done to ensure the consistent quality of training of health personnel?
 
The delegation was asked about measures taken to reduce the maternal mortality rates, to inform on the state of play of adolescent health, efforts to provide care to obstetric fistula, and about programmes to support breastfeeding, as only 48 per cent of the children were exclusively breastfed up to the age of six months.
 
What was being done to prevent the vertical transmission of HIV/AIDS, i.e. from mother to child, what care did mothers living with HIV/ADIS receive, and was the access to anti-retroviral drugs of orphaned HIV positive children ensured?
 
On education, an Expert asked about the status of the 2011 programme “1,000 schools per year”, measures to reduce school drop-out rates, and efforts to improve the quality of teaching and bring it in line with international standards in this area.  About 20 per cent of children were out of school, mainly because of poverty and conflict, and there was very little information about the education of children with disabilities.  What were the results of the plan to put a stop to the use of schools for military purposes? 
 
With regard to children in need of special protection, how successful was the plan to demobilize child soldiers, and the programme for demobilization, disarmament and reintegration?  Could the delegation provide information on the prosecution of those responsible for the recruitment of children to armed forces?  What were the results and the outcomes of the programme to deal with the phenomenon of children living in the streets? 
 
The labour code prohibited child labour up to the age of 16, but in the informal sector, the worst forms of child labour were widespread, including children aged 7 or 8 working in mines.  What mechanism was in place to identify children affected by the armed conflict, and to provide them with care, support, and family reunification?
 
The delegation was asked to explain the juvenile justice system, and the treatment of children in conflict with the law, who seemed to be treated as adults and were subjected to violence in detention facilities they were held in.  What was the age of criminal responsibility?
 
Responses by the Delegation
 
With regard to the preservation of the identity of children and the protection of their cultural identity, the delegation said that cultural diversity was a principal richness of the Democratic Republic of the Congo which had more than 240 tribes, speaking many different languages.  Although there were conflicts between some ethnic groups, Congolese were proud of their cultural diversity. 
 
Homosexual marriage did not exist in any of the cultures in the country, and the Constitution stated that marriage was between a man and a women.  The rights of those who chose homosexuality were respected.
 
The delegation stressed that no child was considered illegitimate before the law, and all children had the right to be treated on an equal footing.  There were cases where a child was not recognized by a father, but the law treated all children the same.
 
In 2015, more than 400 provincial trainers had been trained; all juvenile judges had been appointed and half had already received training.  Several awareness raising events had been organized in the framework of key commemorations such as the Day of the African Children, International Day of the Girl Child, and others, which addressed a number of issues such as gender-based violence, early marriages, exclusive breastfeeding, birth registration, and civic responsibility.  The State budget every year included resources for the promotion of children’s rights, while key partners such as the United Nations Children’s Fund, the European Union and others also made their contributions.
 
The rate of birth registration was very low in the North Kivu province, which was among those most affected by the armed conflict, particularly in the area of Beni and Butembo, which were regularly attacked by rebels based in Uganda.  Those attacks disrupted schooling of children, many were abducted and killed and the population was terrorised, which meant that they were not feeling secure enough to go out and register the birth of their children.  To date, more than 500 focal points for registration officers and inspectors had been implemented, monitoring of the 107 provincial registration offices was in place and awareness raising of birth registration had been conducted. 
 
Witchcraft was largely a part of the culture, but was not recognized by the law.  Many children accused of witchcraft had to flee and become homeless; some were accepted in the State’s institutions or foster homes, and some were accepted in Church-run or private orphanages.
 
The Democratic Republic of the Congo planned to harmonize the many legal provisions referring to corporal punishment, and to prohibit it in all settings.
 
To tackle sexual violence, the Government had devised strategies based on eight pillars and since the appointment of the Special Representative of the Head of State two years ago, the cases of sexual violence had significantly declined.  The best way to eradicate sexual violence was to stop the war, which had been raging in the country for 20 years; it did not depend on the Democratic Republic of the Congo but on neighbouring countries which continued to arm the groups inside the country.  Laws to punish crimes of sexual violence had been adopted, and all cases of sexual violence that were reported to the police were investigated and prosecuted, including those perpetrated by high-ranking military and police officers.
 
Persons with albinism were well protected and accepted as full-fledged members of the society; unlike other Sub-Saharan countries, in the Democratic Republic of the Congo they were not killed or used in rituals.
 
The international adoption of 1,200 children had been suspended because of observed irregularities, for example there were children who were noted as orphans while their parents were still alive, other children were given for adoption to homosexual couples which the Democratic Republic of the Congo did not recognize, while some adoptive parents lied about their identity.  The Government had an obligation to protect its children, and was hoping that this situation would soon be resolved.
 
Children with disabilities went to school, and some of the bigger cities had schools for children with hearing or visual impairments.  There was a lack of places for children with mental disabilities; those children also faced cultural attitudes and prejudices as mental illness was seen as linked with sorcery or witchcraft.
 
The nutrition of children was a recurring problem; awareness raising campaigns were in place and the proper nutrition of children was discussed with parents during vaccination campaigns for example.  Messages were also passed through the media, traditional leaders, clergy, and village chiefs, which promoted the consumption of fish and vegetables, of which there were plenty as the Democratic Republic of the Congo was rich in water and had very fertile soil.  Parental attitudes were the largest part of the problem.
 
Turning to maternal mortality, the delegation said that pregnant women, like in many sub-Saharan countries, did not have access to prenatal consultation.  The Government had made efforts to the best of its ability and had equipped hospitals with the necessary equipment and materials, and also provided free of charge deliveries to women who could not afford to pay.
 
The rate of breastfeeding was about 50 per cent, which was also due to globalization and the fact that more women worked and were not available to feed their infants.  Obstetric fistula was one of the scourges which afflicted the country as a result of the war and the brutal rapes that women suffered.  
 
Because of the situation in the country, the Government was sometimes forced to use the budget allocated for social, health and education sectors to protect the territorial integrity of the State, its borders and the population.  The Democratic Republic of the Congo did not negotiate with militias, or terrorists, as they were known in Europe.
 
Turning to sexual and reproductive health, the delegation said that abortion was prohibited by the law except when the life of the mother was at risk, which must be established by a doctor.  Contraceptives were available free of charge for adults.  Sex education was often a taboo in many African cultures, but some of those topics were included in the school curriculum.  This was one of the measures to prevent early pregnancies. 
 
Follow-up Questions and Answers
 
In their follow-up questions, Experts asked about legal abortion in case of rape, access to abortion for young girls who had been raped, and about the access of adolescents to free contraceptives.
 
The delegation said that a woman carrying a child as a result of rape could request her doctor to draw up a certificate that she could not psychologically and morally support the pregnancy and have the child; in such a case, an abortion was carried out.  Children under the age of 18 could not request an abortion, it had to be done by the girl’s parents.  Abortions were not conducted in late stages of pregnancy.  A child born as a result of rape to girls under the age of 18 could be put up for adoption, with the consent of the parents of the young mother.
 
Girls under the age of 18 did not have access to contraceptives, this was out of the question and contrary to the culture.  The legal age of marriage was 18, and any other form of marriage apart from civil marriage was not recognized by the State.  Birth certificates must be presented by each spouse, and their parents must also give their consent for the marriage.  Boys under the age of 18 could not access condoms, if they had them, it was illegal.  The law prohibited forced and early marriage and polygamous marriages were not recognized.
 
Female genital mutilation did not exist in the customs of the land, and if there were any cases, they were isolated and often connected with rape as the weapon of war.  The mutilation of men also took place in some areas afflicted by the activities of Ugandan-based rebels.
 
Committee Experts stressed that the laws indeed existed, but that what happened in practice was different.  What awareness raising campaigns were in place to highlight the existence of the law prohibiting forced and early marriage, and against female genital mutilation which was prohibited by the law but still took place?  Was is possible to annul forced marriages?
 
Responding, the delegation reiterated that the Congolese customs and culture did not promote the practise of cutting, and that any cases were isolated.  A marriage contracted on the basis of lies was automatically annulled.
 
On education, the delegation said that 1,000 schools had been built every year for the past two years in the framework of the “1,000 schools per year” programme of 2011, but the implementation of the project was hindered by the security situation in the Beni-Butembo area, which had given priority to the defence of the territory of the State and the protection of the population.  The elections would be convened in 2017, which in a country the size of the Democratic Republic of the Congo would be difficult, with the state of the roads, the state of the civil service and the lack of identification cards for all the citizens.  It was estimated that the holding of the elections would require a great deal of resources, about US $1.2 billion.  As a result, it was clear that 1,000 schools would not be built this year.  The war was using up more than half of the State budget, but it was clear to the Government that education must be a priority in order to build up the country, and the education budget today was second only to the defence.  The curriculum was up to international standards, but more needed to be done to improve the quality of teaching.
 
The Congolese military and the police force did not recruit children, and the presentation of a birth certificate was obligatory during the recruitment process; there were however some armed groups which continued to recruit children.  There were street children in the country, and when the compulsory education became more effective, school would become mandatory and no children would be left in the street.
 
In a further series of follow-up questions, the delegation was asked to clarify how big the education budget would be after the allocations for the elections; and to explain the process of demobilization of children from the armed forces, and the support they, their families and communities received.
 
Answering, the delegation said that armed groups continued to take children and adults hostage in a number of provinces, and use them as slaves – in North Kivu, South Kivu, and Maniema.  This was unacceptable.  The Democratic Republic of the Congo had an obligation to organize the elections, but it had not been said that the education budget would be revised; still, US $ 1.2 billion would have to be found.
 
There were children working in mines and the Government requested mining companies to only recruit adults.  If labour inspectors found children working in mining companies, those would be fined and prosecuted.
 
Questions Related to the Optional Protocol to the Convention on the Rights of the Child, on the Sale of Children, Child Prostitution, and Child Pornography

BERNARD GASTAUD, Committee Expert and Country Rapporteur, asked about a body tasked with the coordination of public bodies in charge of the implementation of the Optional Protocol and what place it held in the State structures, as well as about outcomes of any advocacy efforts.
 
What budgetary resources were allocated to the implementation of the Optional Protocol and was there an independent body tasked with monitoring of the implementation of this Protocol or the Convention?
 
What steps would be taken to fully harmonize criminal legislation with the provisions of the Protocol and what sanctions were handed to perpetrators of the crimes set in article 2 and 3 of the Protocol?  Would the Democratic Republic of the Congo in the future use the Optional Protocol as a basis for the extradition of perpetrators and no longer require the existence of bilateral agreements?
 
Other Experts noted that the situation in the country made children particularly vulnerable to trafficking and sale for purposes of sexual exploitation, while lack of birth registration increased the risks of trafficking and sale. 
 
What was the situation concerning the financing and dissemination of the national action plan on combatting the sale of children?  Why had the planned campaign on trafficking of children not taken place?
 
It seemed that very little was being done to protect children from sexual exploitation and abuse by armed groups.  Girls faced additional challenges during demobilisation because they were rejected by their families.  What actions were being put in place to address this issue?
 
The delegation was also asked about plans to tackle online sexual exploitation of children, and the very worrying situation of children in detention, including in facilities in Kinshasa.
 
Replies by the Delegation
 
The delegation said that if the age of the child was not known, the authorities would turn to doctors who would carry out appropriate examinations and could avail themselves of magistrates to help establish the age of the child.  The Army did not recruit children, stressed the delegation; anyone who wanted to be recruited needed to present a birth certificate.  It was the same case for police officers.  Some armed groups in the country did use child soldiers; those groups were considered terrorists and fought against accordingly.
 
Turning to the issue of gender equality, it was explained that a national commission was being established to combat the exploitation of women and trafficking in persons. 
 
The Democratic Republic of the Congo had a monist legal system, which meant that the Convention had primacy over domestic law; the Convention and its Optional Protocol were thus directly applicable.  There had been no cases of extradition under the Optional Protocol.
 
The delegation stated said that there was a demonstrated will by indigenous communities to integrate in the society.  Some indigenous individuals had become ministers in provincial governments. 
 
There was no discrimination when it came to children’s access to school.  Major steps forward had been taken, especially with the amendment of the family code, including strengthening the criteria for the adoption of children.  Vocational training courses were organized for girls, who were also provided with self-empowerment kits.
 
Follow-up Questions
 
An Expert asked about what happened to those who hired child soldiers.  What punishments were imposed if there were no provisions in place?
 
A question was asked on what the State party was doing to protect the diversity and individuality of different ethnic groups.
 
Another Expert inquired about the demobilization of girl soldiers and wondered if they went through programmes separate from boys.  Was the programme well-known to girls in armed groups?
 
Had a census been carried out to establish the number of children living on streets?
 
An Expert inquired whether there was a national hotline to help children exposed to domestic violence.  There needed to be structures in place which would be able to take action on reported violations against children.
 
A question was also asked about making schools physically accessible to children with disabilities. The educational system ought to be as inclusive as possible, with the view of avoiding stigmatization.  That would have a long term impact on the country. 
 
The issue of underage marriage was brought up by an Expert, who inquired whether customary or traditional marriages involving minors were acknowledged or repealed.
 
Replies by the Delegation
 
It was true that there were armed groups who did not fall under the aegis of the Government.  Once those who used child soldiers were reached and arrested, they would answer for their crimes.  It was not easy to apprehend the leaders of armed groups; when they fled to other countries, the authorities would ask for help from the International Criminal Court.
 
The Democratic Republic of the Congo’s courts had established a working group in order to ensure that domestic law was fully compliant with international law.  Currently, domestic laws were being adjusted to international conventions. 
 
In armed groups, boys generally carried guns and girls carried munition, so their needs after the demobilization were different.  There were not as many girls in armed groups as there were boys.  Those youngsters were encouraged to restart their lives in the society.  Civil society was of great help in persuading families to accept their children back from armed groups.  Between 2013 and 2015, thousands of children had benefited from the reintegration programme.
 
The head of the delegation, responding to the question on street children, explained that they found themselves on the streets for many reasons, including being orphans, fleeing domestic violence, or being accused of sorcery.  For those children escaping from their families, there were attempts to mediate with their parents.  There was no law in the Democratic Republic of the Congo recognizing witchcraft, but 90 per cent of the country believed there were witches and sorcerers.  When children were accused of witchcraft, some parents rejected them.  Some families, on the other hand, conducted exorcisms on their children.  Many children did not know their rights; often the only way to remedy those situations was having material witnesses or photographs of child abuse.
 
Labour inspectors were present in all the provinces of the country.  Given the increase in the population, there was a need for more inspectors, who could help establish if children were used in mining or other prohibited professions.  Labour inspectors conducted unannounced visits. 
 
The delegation stated that a campaign would soon start in all schools to inform children of their rights.  They should be aware of their rights from an early age.  Laws clearly stated that families should not abuse their children, but the cultural norms were such that a child could not complain against its parents.  Courts had mediation committees to ensure the amicable resolution of disputes; young people were increasingly registering for those services. 
 
Juvenile courts were present in the Democratic Republic of the Congo, especially in major cities; there would be more in the future.  The conditions of children deprived of liberty were checked during inspection visits.
 
Juvenile delinquents who used knives and firearms to violently rob people on the streets had to be dealt with by the Government, which had created a special programme in response.  Many had been tried and imprisoned; since the operation the level of such banditry in Kinshasa had gone down. 
 
On the issue of child marriage, it was explained that the country’s legislation recognized marriage as of the age of 18.  Traditional marriages were agreed upon between the bride’s and the groom’s families.  If those were conducted only between the two families and not registered with the authorities, there was no way the Government would know of such marriages.  If the authorities became aware, such marriages would be annulled.  If an adult had sex with a minor, even within a traditional marriage, he would be held accountable.  If a child was born, the father would need to recognize paternity and support the child.
 
On homophobia, the delegation explained that the Congolese culture simply did not accept that a man could marry another man.  Different cultures were accepting of different practices.  The Congolese culture, for example, did not allow for a child to launch a complaint against its parents.  Mentalities and approaches needed to change through awareness raising.  Communities needed to be aware of the Government’s plans and helped with their implementation.
 
The hotline for domestic violence was already in place, stated a delegate. 
 
Children with physical disabilities were not refused access to any schools in the country, but the facilities had unfortunately not been put in place to alleviate their access.  Teaching such children in isolation made them only more isolated and had a further negative effect on them. 
 
Follow-up Questions
 
An Expert asked whether the authorities were planning to hold an awareness-raising campaign to ensure that children were not harassed during political demonstrations and rallies in 2017.
 
Another Expert referred to the sale of children, and said that there were examples where parents would sometimes be given financial or non-financial remuneration for giving up their children. 
 
A question was asked on the ratification of the Hague Convention on International Adoptions.
 
Replies by the Delegation
 
The delegation confirmed that 2017 would indeed be a year of elections.  All provisions had been taken to ensure that children would not be used during the election campaign.  The support of partners and the mobilization of resources were necessary to ensure that the entire territory of the country would be covered.
 
Parents sometimes put their children up for adoption because of their poor material situation; if occasionally they were given a cow or a goat by the other party as a gift, it did not amount to selling children.  In some countries, for example, surrogate mothers were paid money to carry children they would then give away.  Was that selling of children?
 
Questions by Experts
 
A clarification was asked on the age of majority for criminal responsibility.
 
More details were also sought on the national action plan for trafficking.  How were the causes of sexual exploitation addressed?
 
The delegation was asked to comment on the reportedly terrible conditions of centres holding children.
 
How was the State party combatting online sexual exploitation of children?
 
A question was also asked about the prevention of sexual abuse in peacekeeping operations.
 
An Expert asked about the lack of provisions prohibiting capital punishment.
 
The delegation was asked to comment on the conditions of children who used to be in armed rebel groups and were arrested by the Armed Forces.  Were they treated as children and did they go through the demobilization, disarmament and reintegration process?  
 
Replies by the Delegation
 
Regarding the ratification of the Hague Convention, it was explained that it had not yet been ratified, but was being still studied in Parliament.  The same was the case for the African Charter on the Rights and Welfare of the Child.
 
Reception centres for children and social homes had been in existence for 30 years, and many needed to be renovated.  Most of them were very run down, and the Government would work on improvements.
 
Some Members of Parliament had proposed that there would need to be a law on cybercrime in general, but the authorities did not have the equipment or means to monitor all Internet sites related to child pornography.  Children’s access to pornographic sites was also difficult to monitor. 
 
The Armed Forces of the country took part in some peacekeeping missions, most recently in the Central African Republic.  The Ministry of Justice and the Ministry of Human Rights were involved in awareness raising for soldiers.  Sometimes there were soldiers who did not meet expected standards, but that was not only the case with Congolese soldiers.  Such sort of abuse knew no race, religion or culture and had to be combatted.  Congolese soldiers who had committed sexual abuses in the Central African Republic had been convicted and were serving their sentences.
 
The delegation acknowledged the need to provide more statistics.  Some figures existed for Kinshasa and a number of other provinces, but certainly more needed to be done.  An inter-ministerial committee composed of eight ministries collected data.  The National Council for Childhood was a forum providing an opportunity for all stakeholders involved in child issues to meet. 
 
It was true that there was no specific piece of legislation that clearly prohibited corporal punishment, said a delegate.  She condemned corporal punishment and said that the delegation would take on board all comments made by the Committee.  The delegation would do all it could to ensure that the bill was brought before Parliament.
 
The Democratic Republic of the Congo was conducting a campaign to combat HIV/AIDS.  An extremely high percentage of the population was now aware of the threats and risks of AIDS.
 
 The plan of action would start with legislation; an exclusive hotline for children would be put in place; and efforts would be made for children themselves to be aware of their rights.  The children ought to be aware that it was not an accepted custom for them to be beaten at home.

Concluding Remarks
 
SUZANNE AHO ASSOUMA, Committee Member and Co-Rapporteur for the Democratic Republic of the Congo, commended the progress the country had brought about.  There was still very much that remained to be done, and colossal challenges remained with maternal and infant mortality, the fight against poverty, birth registration, child soldiers, etc.  It was hoped that financial and human resources would be made available for the benefit of children.  Some excellent policies and plans of action were in place.  It would be beneficial to support non-governmental organizations working on the same issues.
 
KIRSTEN SANDBERG, Committee Member and Rapporteur for the Optional Protocol, said that some answers had been received, even if vague.  The Committee would need to hear more about exact strategies in place and the relevant criminal provisions.
 
MARIE-ANGE MUSHOBEKWA-LIKULIA, Minister of Human Rights of the Democratic Republic of the Congo, thanked the Committee for the detailed questions and promised to provide more detailed answers wherever there was a need.  The country had the machinery to put into place all the commitments undertaken by the Government.  The international treaties and protocols would be respected.  The Committee was thanked for all the recommendations and constructive criticism, which would be taken into consideration.

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