Experts of the Committee on Economic, Social and Cultural Rights Commend the Democratic Republic of the Congo for its Endorsement of the Safe Schools Declaration and Ask about Child Labour in the Mining Sector

The Committee on Economic, Social and Cultural Rights today concluded its consideration of the sixth periodic report of the Democratic Republic of the Congo on measures taken to implement the provisions of the International Covenant on Economic, Social and Cultural Rights, with Committee Experts commending the country’s endorsement of the Safe Schools Declaration, and asking about child labour in the mining sector. 

A Committee Expert, while commending the Democratic Republic of the Congo’s endorsement of the Safe Schools Declaration, noted that nevertheless, attacks on schools and school personnel were a prominent feature of the conflict in the Kasai region.  What measures were in place to implement the Safe Schools Declaration in order to prevent the recruitment of children by armed groups, protect school infrastructure from attacks by armed groups or paramilitary or self-defence groups, and mitigate the disproportionate impact of the conflict on girls’ access to education? 

Another Committee Expert asked about child labour in the mining sector.  What measures were being taken to tackle that issue?  Could the delegation provide statistical data on reducing child labour in the mining sector?  A Committee Expert also enquired about workers on dangerous mining sites and subsequent incidents of occupational accidents, asking what measures were being taken to prevent those incidents.  What measures were being taken to prohibit the employment of children and pregnant women on mining sites?

Albert Fabrice Puela, Minister of Human Rights of the Democratic Republic of the Congo and head of delegation, said that despite the recurrence of attacks by armed groups and the COVID-19 pandemic, the Democratic Republic of the Congo was working tirelessly to promote human rights and implement the International Covenant on Economic, Social and Cultural Rights.  A programme had been launched by the Prime Minister in relation to the development of the 145 territories of the Democratic Republic of the Congo, as a means of developing each territory by focusing on the construction and rehabilitation of basic social infrastructure, including roads, schools, hospitals and water supplies.  Several actions had also been taken by the Government to address the heavy legacy of violence in the country, including the implementation of transitional justice.

In the ensuing discussion, the delegation responded to questions regarding children in the mining sector, noting that free education was a new reality in the Democratic Republic of the Congo, especially in mining communities, which allowed all children to be able to go to school without facing costs for education which had previously been a deterrent.  The next step would be to make education compulsory to further deter child labour.  With free education having been provided since the 2019/2020 school year, the immediate impact had added 2 million pupils to the primary school system.  The educational sector was one of the two key pillars of the Government’s programme of action and improving the education system was an urgent priority.  Steps had been taken to protect school infrastructure and children, deploying police and the State civil security apparatus in provinces with a state of emergency.  Also, in 2017, the Democratic Republic of the Congo had been removed from the list of countries recruiting or using child soldiers in their own Government armed forces.  The promotion of the rights of children, and advocacy to ensure they were adequately protected, was largely to thank for that.

In concluding remarks, Michael Windfuhr, Vice President of the Committee and Rapporteur for the report of the Democratic Republic of the Congo, thanked the delegation for its openness and its positive spirit in overcoming the paradox faced by the Congolese, who were both endowed with great wealth by nature but who also had large pockets of poverty. 

Mr. Puela, in concluding remarks, said economic, social and cultural rights continued to improve, thanks to the unshakeable determination of the President of the Republic and the Government.  The challenges that lay ahead were still enormous. 

Mohamed Ezzeldin Abdel-Moneim, Committee Chair, hailed the major role played by civil society organizations in the Democratic Republic of the Congo in supporting the Committee’s work.  He apologised for the fact that the delegation was physically in Geneva but could not access the Palais Wilson due to rules presently in effect. 

The delegation of the Democratic Republic of the Congo was comprised of representatives of the Ministry of Human Rights; the Inter-ministerial Committee on Human Rights; the Cabinet of the Prime Minister; the Ministry of Gender, Women and Families; the Ministry of Urbanism and Habitat; the Ministry of Culture, Arts and Patrimony; the Ministry of Employment, Work and Social Security; the Ministry in charge of persons living with a handicap and other vulnerable people; and the Permanent Mission of the Democratic Republic of the Congo to the United Nations Office at Geneva.

The Committee will issue the concluding observations on the report of the Democratic Republic of the Congo at the end of its seventy-first session, which concludes on 4 March.  Those, and other documents relating to the Committee’s work, including reports submitted by States parties, will be available on the session’s webpage. 

The webcast of the Committee’s public meetings can be accessed at http://webtv.un.org/.

The Committee is next scheduled to meet in public on Thursday, 17 February at 9 a.m. to conclude its consideration of the seventh periodic report of Belarus ( E/C.12/BLR/7 ).

Report

The Committee has before it the sixth periodic report of the Democratic Republic of the Congo (E/C.12/COD/6).

Presentation of Report

ALBERT FABRICE PUELA, Minister of Human Rights and Head of Delegation of the Democratic Republic of the Congo, said that despite the recurrence of attacks by armed groups and the COVID-19 pandemic, the Democratic Republic of the Congo was working tirelessly to promote human rights and implement the International Covenant on Economic, Social and Cultural Rights.  Several measures had been taken by the Government, including a state of siege declared in Ituri and North Kivu, to restore the authority of the State and promote the return of peace and respect for human rights.  New legislative measures had also been taken to eliminate discrimination, particularly on gender.  A programme had been launched by the Prime Minister in relation to the development of the 145 territories of the Democratic Republic of the Congo, as a means of developing each territory by focusing on the construction and rehabilitation of basic social infrastructure, including roads, schools, hospitals and water supplies.

The Government had also adopted a National Strategic Plan for Universal Health Coverage, with a mission to increase the rate of coverage of the population by 10 per cent per year, until universal coverage was achieved.  The Democratic Republic of the Congo viewed universal health coverage as a means to ensure access to quality health services for all and to protect individuals from health risks and impoverishment due to illness, out-of-pocket payments, or loss of income.  This would encompass equity in the use of services, the financial protection of all citizens and social solidarity in sharing the risk of illness.  The National Strategic Plan for Universal Health Coverage was based on five strategic axes, including the improvement of the supply and quality of health care and services; the financial protection for all users of these services; strengthening the “health in all policies” approach; the governance and management of the national Universal Health Coverage system; and the mobilisation of resources in favour of the system. 

By adhering to the Convention on the Rights of Persons with Disabilities in 2015, the Democratic Republic of the Congo aimed to create an effective framework for the promotion and protection of the rights of people with disabilities to ensure their full participation in national life on the same basis as all other citizens.  Mr. Puela also outlined the Government’s clear stated intention to fight against corruption, misappropriation of social assets and other acts of financial embezzlement.  Several actions had also been taken by the Government to address the heavy legacy of violence in the country, including the implementation of transitional justice in the Democratic Republic of the Congo.  This was highlighted as a priority for the Government, with several initiatives taken to maximise all mechanisms of transitional justice, taking into account the diversity of cultures, tribes and conflicts, and the long wait of the Congolese victims.  Any transitional justice process would allow the Congolese population, at all levels, to express their expectations and desires.  These consultations would be launched at the end of February.  Mr. Puela concluded by reaffirming’s the willingness of the Government to effectively implement the recommendations that would be adopted during the session. 

Questions by Committee Experts

A Committee Expert thanked the delegation for the information they had presented to the Committee in terms of what had been done concerning the pandemic in the health sector.  The issue of the domestic application of the Covenant was raised – the Committee Expert noted that the Democratic Republic of the Congo rarely invoked the Covenant in the courts, asking how the uptake of the Covenant would be increased within law decisions.  Regarding the establishment of the Human Rights Committee, several elements were not working properly.  When would the budget for the Committee be in place to allow its proper functioning?  The Committee Expert asked about COVID and its impact on lower socio-economic families.  How had school closures impacted poorer children, especially in relation to child marriage?  The Committee Expert raised the issue of food security and poverty in the country, linked to the internal conflict, asking how the Government was dealing with this. 

The Committee Expert asked how the Democratic Republic of the Congo addressed the continued displacement of people – noting the 5 million people in the country who were considered internally displaced persons.  The Expert said that human rights defenders were in a dire situation in the country, especially lesbian, gay, bi-sexual, transgender and intersex human rights defenders, asking how these people would be protected more forcefully.  Would the Democratic Republic of the Congo consider adopting a national action plan on business rights?  How were mining companies monitored and what sanctions were imposed on infringements?  How were royalties spread to local communities?  The Committee Expert asked about combatting child work in the mining sector, asking how far this had progressed.  The Democratic Republic of the Congo was one of the most corrupt States in the world, with corruption hindering business operations in the country.  Given the size of the problem, what could be done to better monitor and evaluate the situation to mobilise the public?  Would a nation-wide plan to eradicate corruption be helpful?  How did the Government protect the asset-rich rainforests in the country? 

The Committee Expert expressed appreciation that the State had ratified the Convention on the Rights of Persons with Disabilities and appointed the first-ever Minister for Persons with Disabilities, noting that this was progress in this area.  However, as no reports were available, could more information be provided on persons with disabilities?  What was being done to better the promotion of indigenous communities?  How would the culture of indigenous communities be protected?  The Expert said that reports had been received about lesbian, gay, bisexual, transgender and intersex people who were facing attacks – what measures would be taken to overcome this violence and to eliminate negative stereotypes of this community?  The Committee Member also asked about improvements in gender equality since 2019 and the State’s involvement with the Committee on the Elimination of Discrimination against Women during that time.  Gender inequality remained problematic among women belonging to vulnerable groups throughout the country.  Had the situation improved since 2019?

Concerning the right to work, a Committee Expert asked if information would be provided about steps which had been taken to reduce unemployment and provide work to marginalised groups?  Could the delegation provide statistical data showing trends in employment and unemployment in the formal and informal sectors?  What measures were being taken to tackle the adverse impacts of the pandemic in regard to the loss of employment and loss of income?  Could the delegation provide the Committee with measures taken to facilitate the employment of people with disabilities?  In relation to the national minimum wage, the Committee Expert noted that there was limited information on the national minimum wage and asked for the methodology of its calculation and whether it was indexed to the cost of living.  What steps were being taken to extend the payment of the minimum wage to all sectors, including those in the informal sector.  What training programmes had been put in place to eliminate discrimination in all areas of work, including recruitment, promotion, dismissal and the working conditions in public and private sectors?  Would the State party take concrete measures to pass legislation prohibiting all forms of discrimination at work, including sex, race, disability and religion. 

The Committee Expert asked about the informal economy which accounted for a high percentage of the total workforce, requesting information about the regulation of workers in this sector.  The Committee Expert asked about child labour in the mining sector and what measures were being taken to tackle this issue.  Could the delegation provide statistical data on reducing child labour in the mining sector?  The Committee Member noted that the State party had proposed to recruit 1,000 labour inspectors to monitor workers’ rights and favourable conditions.  What progress had been achieved and what other measures had been taken to ensure workers’ rights and just and favourable conditions at work? 

The Committee Expert also asked about the complaint mechanisms for workers to obtain effective remedies for the breach of any of their rights.  Could statistical data on these complaints be provided?  Regarding the right to strike, what measures had been taken to ensure the right to create and operate trade unions in the public service and could statistical data be provided on the unions, including which were set up and active?  The Committee Expert asked about social security reform and the measures taken since 2017 to extend the coverage of social protection to all segments of the population.  Could annual statistical data on the social assistance provided to vulnerable groups be provided?  The Committee Expert also enquired about workers working on dangerous mining sites and subsequent incidents of occupational accidents, asking what measures were being taken to prevent these incidents.  What measures were being taken to prohibit the employment of children and pregnant women on mining sites? 

Responses by the Delegation 

ALBERT FABRICE PUELA, Minister of Human Rights and Head of Delegation of the Democratic Republic of the Congo, responding to questions regarding children in the mining sector, noting that free education was a new reality in the Democratic Republic of the Congo, especially in mining communities, which allowed all children to be able to go to school without facing costs for education which had previously been a deterrent.  The next step would be to make education compulsory to further deter child labour.

The Democratic Republic of the Congo was one of the first countries to successfully achieve transparency in the extractive sector, with all businesses under obligation to declare activities pertaining to their work, including social obligations and how they were living up to environmental standards.  Funds had also been set up to repair the environmental damage close to mining areas.  In terms of discrimination, and gender equality, Mr. Puela referenced the National Council on Gender Equality and Parity.  Instances of gender discrimination had been markedly reduced at the Government level, with women in Government ranks rising from 10 per cent to 27 per cent.  A hotline was available to denounce instances of violence at any time.  A fund for repatriation and compensation for victims of sexual violence was also in place. 

A campaign tackling sexual violence in schools had also been rolled out.  Regarding people with disabilities, a project was in place to provide support for people with disabilities, especially those exploited by others to beg in the street.  Regarding improving the use of the Covenant at the judicial level, the Democratic Republic of the Congo had a national institute which trained judges on the human rights instruments.  The National Human Rights Commission was overhauled to make sure the new body was aligned with the necessary standards and could fully implement all of its responsibilities.  On internally displaced persons, the presence of the armed forces had been strengthened in camps to ensure that violence would not occur.  Concerning human rights defenders, a bill was currently being reviewed to ensure better protection for human rights defenders. 

Mr. Puela spoke of the “thorny” issue of corruption and said the Committee might not be fully informed on the situation and the efforts being made by the Democratic Republic of the Congo to fight corruption.  A body had been established to fight corruption, with discussions opened and high-ranking officials arrested and detained.  There was a zero-tolerance policy on corruption.  Men and women were paid an equal wage for work of equal value in State employment and there was no discrimination in this area.  The Democratic Republic of the Congo was doing its utmost to facilitate the enjoyment of economic and social rights by all people.

Follow-up Questions by the Committee Experts

A Committee Expert reiterated points of concern, including about gender equality and discrimination against women and extractive industries in the Democratic Republic of the Congo.  Information had been provided by non-governmental organizations about the widespread nature of sexual abuse suffered by women and girls in conflict situations and situations of no conflict, with the police force and members of the army sometimes being involved.  What was being done to provide full and effective compensation to women who had fallen victim to sexual abuse?  At a national and local level, what measures had been taken to move towards effectively tackling the problem of sexual violence?  What progress had been made in terms of spousal rape being considered a criminal offense?  The Committee Expert asked about extractive industries, noting that initiatives had been taken in regard to regulation, and requested further specific information.  How could the effectiveness of these laws be measured on the ground?

A Committee Expert asked about hunger and malnutrition, which were also related to COVID.  What measures would need to be adopted to overcome the situation?  The Expert asked about mining companies coming from abroad and the dynamic of monitoring them.  What were the options of dealing with problems within the artisanal mining sector and could there be a more stable exchange and control of these activities?  The Committee Expert also reiterated the need for a general anti-discrimination law, saying this would help address the types of discrimination identified in a more systematic way. 

A Committee Expert asked about the declaration of the state of emergency in North Kivu and Ituri, asking what had been done to guarantee that it protected the population and did not lead to disproportionate restrictions placed upon the population’s economic and social rights.  The Committee Expert asked about the rights of the lesbian, gay, bisexual, transgender and intersex community in the Democratic Republic of the Congo.  What specific measures were being taken to counter discrimination against this group?  What was stopping the bill to protect human rights defenders from being adopted?  The Committee Expert said it was positive that high-ranking civil servants had been prosecuted due to corruption and asked whether anything had been done to stop corruption occurring in the first place, including more transparency and the protection of whistle blowers. 

A Committee Expert asked to what extent the State party had effectively regulated the activities of the multinational companies mining in the Democratic Republic of the Congo, in order to ensure the environment was protected and pollution was not sustained. 

Responses by the Delegation

ALBERT FABRICE PUELA, Minister of Human Rights and Head of Delegation of the Democratic Republic of the Congo, responding to questions posed by Committee Experts regarding the law on human rights defenders, explained that there were diverging points of view as to how to define a human rights defender.  A new text would be discussed and voted upon.  On environmental protection in areas where mining was going on, a 2018 law required respect for environmental standards by mining and extractive enterprises drilling or quarrying for minerals.  Anyone seeking authorisation for such activity had to submit an environmental impact study.  They also had to have a plan for environmental rehabilitation after the project.

As for gender-based violence, some progress had been made on the tightening of the legal framework.  There were efforts underway to teach men about positive rather than toxic masculinity.  School curricula had also been overhauled to make them more gender-sensitive, and to include information that might help avoid sexual violence later in life.  Soon, a fund would be set up for victims of sexual and gender-based violence. 

Follow-Up Questions by Committee Experts

A Committee Expert noted mentions of legislation, projects and plans, but said that what the Committee was concerned about was the effective implementation of the Covenant for citizens’ effective enjoyment of their rights.  Could the delegation provide information about what had been done to tackle the adverse effects of the COVID-19 pandemic with regard to loss of employment and loss of income for workers?  Could the delegation provide information about the facilitation of employment for persons with disabilities?  No information had been received about the national minimum wage, nor information about how it was calculated, and the Committee would appreciate receiving such information.  A substantial part of the workforce was in the informal economy; what was being done to extend the protections of relevant laws to them?  As regards social security, what was being done to afford protection to vulnerable groups? 

A Committee Expert asked for further information about the work of the Ministry for the Environment as regards illegal logging.  Could the delegation inform about the status of the land law which would come under discussion in National Assembly sessions?

Responses by the Delegation

ALBERT FABRICE PUELA, Minister of Human Rights and Head of Delegation of the Democratic Republic of the Congo, said an agreement had recently been reached between trade unions representing the public sector and the Government on the subject of salaries.  The agreement included a reduction in the number of posts to be deleted.  As for the minimum wage, the discussion remained ongoing.  When it came to the informal sector, a centre for women had been established which was intended to provide access to credit for small-scale entrepreneurs and traders.  There were also lines of credit for women seeking to expand their small businesses.  As for the issue of job security during the COVID-19 pandemic period, there had been a ban on dismissal and revocation of contracts during that period.  A question had also been asked about the legal framework for anti-corruption measures; a constitutional obligation called for anyone in a senior or management post to declare their income and assets before the Constitutional Court.  Another declaration must be made at the end of the mandate, to avoid individuals enriching themselves. 

Turning to the subject of indigenous peoples and unregulated logging, Mr. Puela said a strategy had been implemented to consult with indigenous people to propose alternatives to wild or unregulated logging.  Carbon and charcoal credits were in place to protect forests.  A project for reforestation would soon be launched, including in urban areas.

Questions by Committee Experts

A Committee Expert asked questions about the protection of the family and the child.  What effective protection measures were being enacted to ensure respect for the minimum age of marriage?  Could the delegation provide figures on the number of children who had resumed schooling thanks to free education?  Could the delegation provide information about programmes facilitating the reintegration of former child combatants?  What measures had been taken by the Government to prevent the recruitment of children by armed groups in regions where they still existed?  Turning to measures to tackle sexual violence, could the delegation provide statistical data on the number of persons who had benefited from measures taken by the State to fight sexual violence?  What measures had been taken against trafficking? 

Turning to questions around the right to a minimum standard of living, the Committee Expert invited the delegation to provide information about the reduction of poverty.  As for access to safe drinking water and sanitation, could the delegation provide information on measures enacted to reduce the financial pressure on households from the cost of safe drinking water?  On the subject of the right to mental and physical health, could more information be provided on access to healthcare? 

Responses by the Delegation

ALBERT FABRICE PUELA, Minister of Human Rights and Head of Delegation of the Democratic Republic of the Congo, responding to requests for figures around education, said the number of children enrolled in school had risen sharply following primary education being made free in 2019, which illustrated a considerable improvement.  In response to the question asked about safe drinking water, an ambitious programme aimed to improve access even in the most remote communities.  On questions about the minimum age of marriage, minors under 18 years old could not consent freely to marriage.  If someone wanted to be married, the banns had to be called a month ahead of that time.  The Democratic Republic of the Congo was working to reduce the phenomenon of underage marriage and child pregnancy, which was unfortunately prevalent both in urban and rural areas in the Democratic Republic of the Congo.  The programmes the Government was running - which included supplying electricity in rural areas - would help, Mr. Puela explained.

There were indeed old peoples’ homes, Mr. Puela confirmed, adding that they were State-run rather than privately run.  However, there were very few families in Africa that would put their parents or grandparents into a home, he noted, saying it would be a sign of disrespect towards elders, according to national culture. 

Questions by Committee Experts

A Committee Expert asked about the right to education and the effectiveness of free primary education.  What measures were being planned or were in place to solve the issues of overcrowded classes, the elimination of hidden indirect costs paid by parents, and the inadequate payment of teachers?  How would the quality of education be improved, and how would those who diverted funds allocated for educational purposes be sanctioned?  The delegation had acknowledged in its replies to the list of issues that children in rural areas faced supplementary challenges when accessing primary education.  What measures were planned or were in place to improve access to primary education of children from rural areas, from a disadvantaged economic background as well as children belonging to indigenous communities, including Batwa?

On the issue of early marriages and its impact on education, could the delegation detail the measures in place to enforce the Child Protection Act of 2009 and the Ministerial Directive guaranteeing that young mothers could continue with their education after childbirth?  The Committee Expert then turned to the impact of the COVID-19 pandemic on the right to education and its disproportionate effects on girls.  How did the Democratic Republic of the Congo intend to address the impact of the COVID-19 pandemic in relation to the right to education, and what general measures were being taken or envisaged to ensure that distance education was accessible to all children? 

It was commendable that in July 2016, the Democratic Republic of the Congo had endorsed the Safe Schools Declaration, followed by a Ministerial Directive to implement that Declaration; nevertheless, attacks on schools and school personnel were a prominent feature of the conflict in the Kasai region and several non-governmental organizations had documented extensive attacks on students, teachers and schools, and the use of schools for military purposes, in particular attacks directed at female students and their teachers.  What measures were in place to implement the Safe Schools Declaration in order to prevent the recruitment of children by armed groups, protect school infrastructure from attacks by armed groups or paramilitary or self-defence groups, and mitigate the disproportionate impact of the conflict on girls’ access to education?

Under the rubric of the right to take part in cultural life, could the delegation provide the Committee with data on the number of members of the Batwa community?  Were there any data and statistics available based on race and ethnicity on which the Democratic Republic of the Congo grounded its public policies in respect of minorities’ and indigenous peoples’ access to rights and public services?  How was the discrimination they suffered from measured, and how was such discrimination addressed and prevented?  Could the delegation explain whether there were obstacles to the consideration or adoption of the bill on the promotion and protection of indigenous peoples?

Responses by the Delegation

ALBERT FABRICE PUELA, Minister of Human Rights of the Democratic Republic of the Congo and Head of Delegation, explained that an educational programme called “100 first days” had made schooling free of charge, meaning that free education had been provided since the 2019/2020 school year.  The immediate impact had added 2 million pupils to the primary school system.  The educational sector was one of the two key pillars of the Government’s programme of action.  Improving the education system was an urgent priority.  The World Bank had supported the efforts of the Democratic Republic of the Congo to improve the education system.  When all grants and perks were taken into account, in addition to their salary, the lowest-paid teacher in the Democratic Republic of the Congo would be paid a minimum salary of USD 245 per month.  Mr. Puela noted that 1960 was the year of independence of the Democratic Republic of the Congo, adding that since that time, the amount paid per capita for the lowest level of schooling had about tripled.  The increase in salaries was an essential step to motivate teachers.  Steps had been taken to protect school infrastructure and children, deploying police and the State civil security apparatus in provinces with a state of emergency. 

Turning to the issue of the recruitment of child soldiers, Mr. Puela noted that the Prime Minister headed the Committee to develop the annual road map for the campaign preventing the recruitment of child soldiers by armed groups.  In 2017, the Democratic Republic of the Congo had been removed from the list of countries recruiting or using child soldiers in their own Government armed forces.  The promotion of the rights of children, and advocacy to ensure they were adequately protected, was largely to thank for that. 

Questions by Committee Experts

A Committee Expert raised the issue of women’s reproductive rights, noting that in the Democratic Republic of the Congo, abortion was criminalised, with a penalty of 10 to 15 years in prison.  Could the delegation provide information about programmes for reproductive health?

Another Committee Expert asked for further information about the Democratic Republic of the Congo’s anti-poverty programme.  There were a lot of possible causes for poverty, including conflict and war, yet the vast majority of the income in the country appeared to benefit a small percentage of the population, which was a gaping level of inequality.  How could that gap be plugged?  On the subject of transitional justice, how could the issue of impunity be tackled? 

One Committee Expert asked about food and malnutrition as it related to poverty, noting that there were policy models for reducing hunger quickly, mentioning the experience of Brazil.

A Committee Expert noted that the Democratic Republic of the Congo was in one of the most fertile areas of the continent, adding that the country was blessed with rich mineral resources.  The country should not be poor at all, as it was a rich country.  What was happening to the socio-economic rights of the people if the dividends of what the country was endowed with could not enrich them?  There had to be good governance to ensure the people who were supposed to benefit got education and employment.

Responses by the Delegation

ALBERT FABRICE PUELA, Minister of Human Rights of the Democratic Republic of the Congo and Head of Delegation, explained that the Democratic Republic of the Congo had tried to promote behavioural change in society to deal with the issue of prevention of sexual violence.  The Democratic Republic of the Congo had also been promoting the right to sexual and reproductive health of women and adolescents, running awareness-building campaigns on those issues.  A national strategy against sexual violence based on gender was recently revised in 2020.  On the issue of transitional justice, it was a critical matter and the Democratic Republic of the Congo was strongly committed to its effective implementation through a truth and reconciliation procedure. 

In response to questions from a Committee Expert who had cited the experience of Colombia in the field of transitional justice, Mr. Puela warmly welcomed the opportunity to learn from others who had trod the same ground before.  It would be particularly useful in the preparatory phase, if the Democratic Republic of the Congo could borrow from what Colombia had learned when it came to support for victims of sexual violence and other serious crimes.  With regard to malnutrition, the Government was taking initiatives to encourage activities to ensure the country’s income was not solely tied to its mineral wealth, instead promoting agriculture too.  That should increase the capacity for food security.  Turning to reproductive health, Mr. Puela noted that as the Democratic Republic of the Congo was party to the Maputo Protocol on women’s rights in Africa, the Government was doing its utmost to ensure that article 14 which addressed abortion was implemented.  The High Council of the Judiciary and the President of the Constitutional Court had signed an agreement to domesticate all provisions of that article, which would prevail over domestic law.  Thanks to the country’s signing of that protocol, abortion was no longer prosecuted, Mr. Puela added. 

Questions by Committee Experts

A Committee Expert noted that article 14 of the Maputo Protocol addressed abortion in specific circumstances.  As abortion was still criminalised in the Criminal Code, the Expert reiterated the question: did the Democratic Republic of the Congo intend to decriminalise abortion?  Also, were there educational programmes in schools about reproductive health?

Another Committee Expert asked whether there were plans to develop an action plan on business and human rights?

Responses by the Delegation

ALBERT FABRICE PUELA, Minister of Human Rights of the Democratic Republic of the Congo and Head of Delegation, confirmed that yes, there would be a process that would be pursued to decriminalise abortion in the Democratic Republic of the Congo.  The Government aimed to strengthen the country and cut through the paradox of a rich country with impoverished people.  Part of that question related to business and human rights.  Major industries, including mining industries, would be encouraged to abide by business and human rights requirements, but there was also interest in making other sectors flourish.  The Government of the Democratic Republic of the Congo would strive to ensure that the recommendations of the Committee were endorsed and backed. 

Concluding Remarks

MICHAEL WINDFUHR, Vice President of the Committee and Rapporteur for the Report of the Democratic Republic of the Congo, noted that the Committee had learned a lot from the dialogue with the delegation.  The dialogue had been driven by questions about how to make policies a reality through implementation.  He thanked the delegation for its openness and its positive spirit in overcoming the paradox faced by the Congolese, who were both endowed with great wealth by nature but who also had large pockets of poverty. 

ALBERT FABRICE PUELA, Minister of Human Rights of the Democratic Republic of the Congo and Head of Delegation, said it was a source of great joy to be able to have the dialogue focusing on economic, social and cultural rights as they pertained to the Democratic Republic of the Congo.  Those were rights that continued to improve, thanks to the unshakeable determination of the President of the Republic and the Government.  The challenges that lay ahead were still enormous; also, elections were scheduled for next year.  Thanking all who had participated in the dialogue, including the members of his own delegation, Mr. Puela expressed hopes for opportunities to learn from other countries’ experiences.

MOHAMED EZZELDIN ABDEL-MONEIM, Committee Chair, hailed the major role played by civil society organizations in the Democratic Republic of the Congo in supporting the Committee’s work.  He apologised for the fact that the delegation was physically in Geneva but could not access the Palais Wilson due to rules presently in effect. 

 

Link: https://www.ungeneva.org/en/news-media/meeting-summary/2022/02/republique-democratique-du-congo-le-comite-des-droits

 

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