A/HRC/12/6
page 11
48. The Government was paying particular attention to the issue of indigenous populations.
Draft legislation had been drawn up in that regard, and was currently under consideration.
49.
The death penalty had not been applied in the Congo since 1979.
50. The independence of the judiciary was guaranteed under the Constitution of the Congo.
Judges’ salaries had been increased in order to guarantee that independence. The Supreme
Council of the Judiciary, which guaranteed that independence, had met on 4 May 2009 under the
authority of the Head of State, who was President of the Supreme Council, and had handed
down penalties, including the removal of judges who had violated professional ethics from the
bench.
51. The Congo affirmed the independence of the National Human Rights Commission, which
had been established under the Constitution. The Government was working to obtain
accreditation of the National Human Rights Commission to the International Coordinating
Committee of National Institutions for the Promotion and Protection of Human Rights.
52. In order to meet the Congo’s reporting obligations towards the treaty bodies, an
inter-ministerial technical committee had been established to draft reports.
53. The Congo had allocated funds under the 2009 investment budget in order to improve the
conditions of prison inmates. Men, women and children did not share the same cells in prisons.
In addition, the investment under way would make it possible to geographically separate
inmates’ detention quarters. Access to Congolese prisons was granted to human rights
organizations which so requested. An agreement on that matter existed between the Congo and
the International Committee of the Red Cross (ICRC).
54. Slovenia noted as challenges for the Congo the death penalty and the ratification of some
conventions. It recommended that it (a) consider legally abolishing the death penalty as soon as
possible and accelerating ratification of all human rights treaties to which it is not yet a party,
particularly CESCR-OP, ICCPR-OP 2, CEDAW-OP, CAT-OP and both Optional Protocols to
CRC. Slovenia noted the creation of the Ministry for the Advancement of Women and the
Integration of Women into Development. However, according to the Committee on the
Elimination of Discrimination against Women, discrimination women persists and Slovenia is
particularly concerned by female genital mutilation and the high number of rapes reported,
including among the members of Pygmy community. Slovenia asked what additional measures
Congo has undertaken to decrease the number of victims of violence against women, including
female genital mutilation. Slovenia recommended that the Congo (b) implement the Committee’s
recommendation with regard to the Act of 1920 which in current form prohibits the advertising
of contraceptives and consider establishing and providing adequate resources for a sufficient
number of “safe houses” for victims of domestic violence.
55. Germany asked how the Congolese Government ensures enjoyment of the right of peaceful
assembly guaranteed by Congolese legislation. It noted that according to the Committee on the
Rights of the Child, there is widespread ethnic-based discrimination against indigenous people
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