A/HRC/25/16
8.
Concerning international human rights instruments, the Minister said that the Congo
had become party to the Optional Protocol to the Convention on the Rights of the Child on
the sale of children, child prostitution and child pornography, the Optional Protocol to the
Convention on the Rights of the Child on the involvement of children in armed conflict, the
Additional Protocol to the United Nations Convention against Transnational Organized
Crime, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially
Women and Children. Furthermore, the Convention on the Prevention and Punishment of
the Crime of Genocide and the International Labour Organization (ILO) Convention No.
169 concerning Indigenous and Tribal Peoples in Independent Countries (1989) were being
ratified.
9.
He said that women, children, the elderly, persons with disabilities and indigenous
peoples benefited from specific protection measures. He indicated that the Congo had been
the first country to adopt national legislation to ensure the promotion and protection of
indigenous peoples (Act No. 5 of 2011).
10.
The Congo believed and adhered to multilateralism. Its relations with the United
Nations were conducted in a framework of ongoing and constructive dialogue. The Minister
said that since its first universal periodic review, the Congo had received visits from two
mechanisms of the Human Rights Council: the Working Group on Enforced or Involuntary
Disappearances and the Special Rapporteur on the rights of indigenous peoples.
11.
The Minister acknowledged that the Government was aware of the delay in the
submission of reports to the various mechanisms. Arrangements had been made to deal
with the delay, specifically through the establishment of an interministerial committee.
12.
He recalled that the independence of the judiciary was guaranteed by article 136 of
the Constitution under which the judiciary was independent of the executive and legislative
powers. He added that the Government was deploying all its efforts to combat corruption in
the judiciary. For example, in 2009, 11 judges had been dismissed for corruption by the
Supreme Council of the Judiciary.
13.
He said that torture was prohibited by the Constitution and that its perpetrators were
subject to criminal penalties and disciplinary sanctions. In the Congo, a country which was
still in a post-conflict situation, the police forces had been re-established by incorporating
ex-combatants under disarmament, demobilization and reintegration measures and because
of the country’s will to establish peace. The National Police Academy had been
restructured and its training programmes included instruction on international humanitarian
law and human rights.
14.
The head of the Congolese delegation stated that the creation of a Ministry for the
Advancement of Women and the integration of women in development was in line with
women’s aspirations and expectations in the field of human rights. Gender equality was
guaranteed by the Constitution and the law ensured women and men equal access to
employment. Women and men with the same qualifications had equal pay. Women were
involved in all decision-making bodies.
15.
He said that sexual violence and female genital mutilation were prohibited by law.
Although, female genital mutilation was not a cultural tradition among the Congolese, some
Congolese communities made no secret of their support for the highly controversial
practice. He noted that significant progress had been made in the health of mothers and
girls through obstetric consultations and the fight against the mother-to-child transmission
of HIV/AIDS.
16.
The protection of the rights of the child was guaranteed by the 2010 Act. It ensured
children full protection against violence, exploitation and sexual abuse, child labour, child
4
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