A/HRC/12/50
285. The Congo indicated that, under the article 136 of the Constitution and article 14 of
the organic law concerning the Higher Council of the Magistracy, the judiciary was
independent and that judges were only subjected to the law in exercising their functions. It
confirmed that the authorities were concerned by the conditions of detention. Indeed,
detention facilities were regularly inspected both by the Attorney General of the Republic
and by the International Committee of the Red Cross (ICRC), as well as by nongovernmental organizations and the general directorate for human rights and fundamental
freedoms.
286. The Congo noted that the establishment of a ministry in charge of the promotion and
integration of women in development strategies responded to their claims. The delegation
also informed the Council that, concerning violence against women, the Minister for Justice
and the Minister for the Promotion of Women were working on a draft law to strengthen
the provisions of article 309 and related articles of the penal code. The draft would be
considered before the end of the current legislative term.
287. Concerning the recommendation related to the elaboration of a law on protection of
and assistance to displaced persons, the Congo reaffirmed its firm commitment to set up a
national legal framework in that regard, also taking into account the draft African
convention on the situation of internally displaced persons, which provided for an effective
normative framework for the protection of displaced persons and the assistance that they
should benefit from. The Government would speed up the process of adoption of the draft
law related to the promotion and protection of indigenous peoples currently being
processed by national institutions. It also provided information on the work of the
commission in charge of reviewing and drafting Congolese legal codes to remedy gaps and
the lack of appropriate legislation in relation to certain human rights issues, which had
started its work on 10 August 2009. Concerning the Congo’s reporting obligations to treaty
bodies, the inter-ministerial committee established to that effect had convened twice in the
past three months and the Congo would present its initial report to the Committee against
Torture during its next October session. As it was aware of the necessity to incorporate
human rights education in school curricula, the Congo requested the support of OHCHR
and other partners to assist the country in finalizing the programmes and text books
currently being developed at the Institut national de recherche et d’actions pédagogiques.
288. The Congo expressed the will that the conclusions of the Working Group be
reflected comprehensively and faithfully in the report submitted for adoption by the
Council. According to the Congo, the question raised by recommendation 25 in the report
had already been taken covered by recommendations 23 and 24. Therefore, the Permanent
Mission of the Congo in Geneva had, in a note dated 22 May 2009, contacted the secretariat
of the Council asking for that recommendation to be withdrawn. As it was a prerogative of
the plenary, the Minister asked that this fact be reflected in the report. The Minister
indicated that the Congo would continue to rely on the valuable support of OHCHR and
other international institutions, as well as on the wide-ranging support of its partners, so
that it could live up to its commitment in the area of the promotion and protection of human
rights.
2.
Views expressed by Member and observer States of the Council on the review
outcome
289. Algeria commended the Congo for having accepted more than 90 per cent of the
recommendations, which showed its cooperative and constructive attitude towards the
universal periodic review. It welcomed its acceptance of the recommendation made by
Algeria on the establishment of a national institution for the promotion and protection of
human rights, and stressed the important need that OHCHR provide technical assistance in
this respect. Algeria also welcomed the special attention given to the protection and
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