A/HRC/42/2
be considered under item 10 of the Council’s agenda. He welcomed the interest of Member
States on the human rights situation in the Democratic Republic of the Congo, through the
many concerns expressed during the review of the Democratic Republic of the Congo by the
Working Group on the Universal Periodic Review.
441. Following the review, several consultations were held with key stakeholders and
actors at the national level, with a view to gathering their views and considerations, prior to
the Government’s response to the various recommendations made by different delegations
within the Working Group on Universal Periodic Review.
442. The head of delegation praised the frank collaboration between the Ministry of Human
Rights supported by the Inter-ministerial Committee on Human Rights, the national human
rights commission, and civil society organizations through very constructive exchanges of
information before, during, and after the holding of the 33rd session of the universal periodic
review of the Democratic Republic of the Congo. The remarkable advocacy undertaken by
these stakeholders in favor of the acceptance by the Government of a large number of
recommendations formulated by different States was also commendable.
443. After a careful examination of each of the 267 recommendations made by the State
delegations, the Democratic Republic of the Congo decided to approve 239, essentially: (i)
the ratification of the main international and regional human rights instruments; (ii)
strengthening the institutional framework for the promotion and protection of human rights;
(iii) respect for civil and political rights (participation in political and public life for women,
freedom of association, peaceful assembly and demonstration, access to justice and
reparation for certain disadvantaged social categories, etc.); (iv) respect for economic, social
and cultural rights (access to basic social needs); (v) respect for category rights (women,
children, persons with disabilities, indigenous and pygmy peoples, persons living with
albinism, etc.); and (vi) respect for collective rights (guaranteeing people, peace and
security).
444. On the other hand, 28 of the 267 recommendations made by some delegations did not
receive the support of the Democratic Republic of the Congo and were therefore noted. These
are recommendations that were not formulated with precision by their authors, those on
LGBTQs persons, the abolition of the death penalty and the standing invitation to address
special procedures.
445. The position of the Democratic Republic of the Congo on the 28 noted
recommendations can be explained and justified by the following facts: some of the themes
to which they relate are not currently relevant in the Democratic Republic of the Congo and
do not constitute a concern for the national opinion. These include recommendations to
ensure equal rights through laws that criminalize discrimination based on sexual orientation
or gender identity.
446. With regard to the recommendations requesting the Democratic Republic of the
Congo to ratify the Optional Protocol to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment of 18 December 2002, the Democratic
Republic of the Congo is already party to this instrument after acceding to it on 23 September
2010. This is also the case of the recommendation on the ratification of the Optional Protocol
to the Convention on the Rights of the Child on the involvement of children in armed conflict
of 25 May 2000, as the Democratic Republic of the Congo is a party to this instrument after
signing it on 08 September 2000 and ratifying it on 11 November 2001.
447. Regarding recommendations for the ratification by the Democratic Republic of the
Congo of the Second Optional Protocol to the International Covenant on Civil and Political
Rights, aiming at the abolition of the death penalty, they did not receive the approval of the
Democratic Republic of the Congo because this question goes back to the two previous cycles
of the universal periodic review. The process of abolishing the death penalty in the
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