A/HRC/25/16

United Nations / A/HRC/25/16
/ General Assembly / Distr.: General
6 January 2014
Original: English/French

Human Rights Council

Twenty-fifth session

Agenda item 6

Universal Periodic Review

Report of the Working Group on the Universal Periodic Review[*]

Congo


Contents

Paragraphs Page

Introduction 1–4 3

I. Summary of the proceedings of the review process 5–110 3

A. Presentation by the State under review 5–24 3

B. Interactive dialogue and responses by the State under review 25–110 5

II. Conclusions and/or recommendations 111–115 13

Annex

Composition of the delegation 24


Introduction

1. The Working Group on the Universal Periodic Review, established in accordance with Human Rights Council resolution 5/1 of 18 June 2007, held its seventeenth session from 21 October to 1 November 2013. The review of the Congo was held at the 15th meeting on 30 October 2013. The delegation of Congo was headed by Mr. Bienvenu Okiemy, Minister of Communication and Relations with Parliament. At its 19th meeting held on 1 November 2013, the Working Group adopted the report on the Congo.

2. On 14 January 2013, the Human Rights Council selected the following group of rapporteurs (troika) to facilitate the review of the Congo: Austria, Ethiopia and Indonesia.

3. In accordance with paragraph 15 of the annex to resolution 5/1 and paragraph 5 of the annex to resolution 16/21, the following documents were issued for the review of Congo:

(a) A national report submitted/written presentation made in accordance with paragraph 15 (a) (A/HRC/WG.6/17/COG/1);

(b) A compilation prepared by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b) (A/HRC/WG.6/17/COG/2);

(c) A summary prepared by OHCHR in accordance with paragraph 15 (c) (A/HRC/WG.6/17/COG/3).

4. A list of questions prepared in advance by the Czech Republic, Germany, Netherlands, Slovenia, Spain, Sweden and the United Kingdom of Great Britain and Northern Ireland was transmitted to the Congo through the troika. These questions are available on the extranet of the universal periodic review (UPR).

I. Summary of the proceedings of the review process

A. Presentation by the State under review

5. The Minister of Communication and Relations with Parliament began his speech by expressing his commitment to universally shared human rights values. He said that the delegation had come to present to the Working Group the national report of the Congo on the implementation of the recommendations resulting from the first universal periodic review held in 2009, prepared on the basis of an inclusive process involving the Government, through an interministerial commission, as well as civil society.

6. He said that the Congo had accepted 51 recommendations during its first universal periodic review. Much attention had been accorded to their implementation but some goals had yet to be achieved.

7. He said that the second universal periodic review was taking place in a political context of greater peace and security and institutional stability that helped to strengthen participatory democracy and the rule of law. He continued by noting that, in economic terms, the country had recorded significant results which helped to improve people’s living conditions and poverty reduction. From the political and social standpoint, the Government was committed to making the Congo a place where people lived in harmony and were building a future together, without discrimination based on origin, social status or ethnicity, in compliance with the fundamental freedoms and rights of every person.

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 trafficking, neglect and abuse. One of the Government’s main priorities was children’s access to education. Compulsory education up to the age of 16 was free of charge.

17. In recent years the authorities had paid particular attention to the fight against trafficking in persons in general and in children in particular. The Congo had also undertaken to take action at the regional level, in cooperation with certain bilateral partners.

18. The Minister said that the exercise of civil and political rights was guaranteed by the Constitution and laws. During elections those rights took on particular importance. After its first universal periodic review, the Congo had held presidential elections in 2009 and parliamentary elections in 2012. During those elections, freedom of the press and freedom of expression had been guaranteed as well as equal treatment of candidates in terms of media coverage.

19. He said that the favourable economic conditions that the Congo was experiencing had allowed for the realization of certain economic, social and cultural rights, including the payment of 21 months of wage arrears to State officials, the lifting of measures adopted in 1994 as part of structural adjustment programmes negotiated with the Bretton Woods institutions and a review of the salaries of State employees.

20. Significant progress had been made in the field of education where substantial resources had been committed to strengthening admission capacities and academic facilities in schools and universities. He said that the Congo had reached an enrolment rate of over 82 per cent and allocated 3 per cent of its GDP to education, in other words, 12 per cent of the national budget.

21. In the field of health, specific measures had been taken, inter alia, to provide free malaria and tuberculosis treatment for children from 0 to 15 years, caesarean sections in ectopic pregnancies, as well as support for people living with HIV/AIDS. Vaccination coverage was close to 90 per cent for children aged 0 to 5 years.

22. The State had invested more than 1 billion euros in electricity production, bringing the installed capacity from 89 to 607.5 megawatts.

23. He added that in view of the poor access to drinking water (45 per cent in urban areas and 14 per cent in rural areas) since 2002, the State had made considerable efforts to improve the water supply in the main cities of the country and also to build new water supply systems in smaller towns and rural areas. From 2005 to 2012, investments of more than 1 billion euros had been made.

24. The head of the delegation said that, in 2010, the national human rights commission had acquired B status from the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights. Since 2010, the Government had started work on the construction of the headquarters of the commission so that it had appropriate working conditions. He concluded by saying that the Government intended to introduce certain reforms so that the commission would be awarded A status.

B. Interactive dialogue and responses by the State under review

25. During the interactive dialogue, 73 delegations made statements. Recommendations made during the dialogue are to be found in chapter II of the present report.

26. Libya commended the accession by the Congo to several international human rights instruments and protocols. It noted that the Office of the United Nations High Commissioner for Refugees (UNHCR) had welcomed the commitment to measures protecting stateless persons. It made recommendations.

27. Liechtenstein acknowledged the efforts by the Congo to overcome gender inequality and its commitment to international justice, but noted the concern of the Committee on the Elimination of Discrimination against Women about discriminatory legal provisions, customary practices and local traditions regarding marriage, inheritance and property rights. It made recommendations.

28. Malaysia commended the progress in education, health, eradicating poverty and combating trafficking in persons, especially women and children. It noted the 25 per cent increase in the number of schools and the provision of free textbooks. It made recommendations.

29. Costa Rica applauded the ratification of the United Nations Convention against Transnational Organized Crime (UNTOC) and efforts to combat trafficking in persons. It noted progress in addressing illiteracy through educational initiatives and legislation on indigenous peoples, showing concern for their marginalization. It invited the Congo to introduce a moratorium on the application of death penalty. It made recommendations.

30. Mauritania noted the ongoing commitment to international cooperation and interactive dialogue on human rights. It commended policies to prohibit trafficking in children and punish perpetrators and urged compliance of the Congo with its international obligations on freedom of expression and combating persecution of journalists.

31. Mexico applauded implementation of a national action plan to improve indigenous people’s quality of life. It congratulated the Congo on ratifying UNTOC and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing it (Trafficking in Persons Protocol), and related agreements signed with Benin. It made recommendations.

32. Montenegro asked the Congo whether it had taken steps to amend the Labour Law to ensure prevention of widespread child labour and encouraged it to finalize legislative reform on gender equality and enact laws against trafficking and violence against women. It made recommendations.

33. Uruguay highlighted the peace consolidation, strengthening of participative democracy and progress in the right to health care and education. It made recommendations.

34. The Netherlands complimented the Congo on ratifying the Rome Statute of the International Criminal Court. It expressed concern about UPR first-cycle recommendations accepted by the Congo but not yet implemented, including the ratification of several international conventions and protocols. It made recommendations.

35. Nigeria noted the concrete steps against HIV/AIDS and successful vaccination of young children against various diseases. It commended the Congo on transforming economic growth into improved living conditions for its citizens. It made recommendations.

36. Paraguay noted that the Congo had ratified international human rights instruments, expressed concern on the Congo not having established enforced disappearance as a criminal offence, and noted legislation on the promotion and protection of indigenous peoples and children’s rights. It made recommendations.

37. The Philippines welcomed accession to the Optional Protocol of the Convention on the Rights of the Child (CRC) and the Trafficking in Persons Protocol. It commended efforts to strengthen the national human rights commission and to empower women, as well as its development of a national policy and long-term action plan on gender. It made recommendations.

38. The Russian Federation noted with satisfaction the progress made by the Congo in the promotion and protection of human rights since the UPR first cycle. It made recommendations.

39. Rwanda commended the enhanced legislative and institutional framework for the promotion and protection of human rights. It applauded the adoption of legislation against female genital mutilation (FGM) and measures to address trafficking in persons, especially women and children. It made recommendations.

40. Senegal welcomed measures to eradicate FGM and encouraged the Congo to conduct awareness campaigns against sexual violence. It noted that the implementation of measures to promote and protect human rights, especially in relation to health and education. It made recommendations.