A/HRC/27/5
the Council of State and the Constitutional Court had been adopted by parliament and
promulgated by the President, and the establishment of those high courts was imminent.
9.
Regarding the struggle against impunity, the delegation emphasized that the
legislative branch had awarded the appeals courts jurisdiction over matters of genocide, war
crimes and crimes against humanity perpetrated by individuals under their jurisdiction or
that of the tribunaux de grande instance (courts of major jurisdiction). In order to punish
serious human rights violations committed in the past 20 years, the Minister of Justice and
Human Rights had drafted a bill on the establishment, organization and functioning of
specialized chambers, which had been adopted by the Cabinet and transmitted to parliament
for consideration.
10.
The delegation highlighted the adoption by parliament of the Act on the
implementation of women’s rights and equality and the bill on the organization of urban,
municipal and local elections, which provided for additional seats to be reserved in all
municipal and local councils for those unelected female candidates who received the
highest number of votes.
11.
The delegation pointed out that the National Human Rights Commission had been
established and that the National Assembly was in the process of appointing the
commissioners.
12.
The delegation stated that war was both a cause and an aggravating circumstance of
sexual violence because such violence was used to destroy society. In 2009, a national
strategy against sexual and gender-based violence had been adopted and piloted in the
Eastern part of the country with a view to being rolled out nationwide.
13.
The delegation pointed out that the Government had signed a joint statement with
the Special Representative of the Secretary-General on Sexual Violence in Conflict in 2013.
A monitoring plan had been devised and the President would shortly be appointing a
personal representative on sexual violence.
14.
The delegation stated that all alleged perpetrators of sexual violence involved in
cases reported to the judicial authorities were prosecuted. Those convicted of such offences
were not entitled to parole, a pardon or amnesty.
15.
Regarding children in armed conflict, the delegation indicated that in 2012, the
Government and the Task Force on Children and Armed Conflict had agreed on an action
plan to combat the recruitment and use of children and other serious children’s rights
violations committed by the Congolese Armed Forces and the security forces. The
delegation pointed out that 2,894 children had left the armed forces and armed groups as a
result.
16.
The delegation called on the international community to support a definitive end to
the war and cooperate in apprehending and bringing to justice all the perpetrators of serious
human rights violations who were circulating freely in certain States.
17.
In response to advance questions from a number of States, the delegation mentioned
that a bill to incorporate the Rome Statute of the International Criminal Court into national
legislation had been submitted to parliament.
18.
Among the initiatives taken to facilitate access to justice for women victims of
sexual violence, the delegation mentioned that free legal aid was available and that mobile
hearings were held regularly.
19.
The delegation stated that the Government was making efforts to strengthen the
judicial system, including by recruiting judges and establishing magistrates’ courts in all
provinces. Furthermore, witnesses and victims of sexual violence received protection from
4
GE.14-07547
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