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Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp
Please note that the language may have been edited in places for the purpose of clarity.
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- UN Human Rights Committee
- UN Committee on Economic, Social and Cultural Rights
- UN Committee on the Elimination of Racial Discrimination
- UN Committee on the Elimination of Discrimination against Women
- UN Committee against Torture
- UN Committee on Migrant Workers
- UN Committee on the Rights of Persons with Disabilities
- UN Committee on Enforced Disappearance
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UN Human Rights Committee
Last reported: 15 and 16 March 2006
Concluding Observations issued: 26 April 2006
Sexual violence: In view of article 15 of the Constitution, which stipulates that the authorities should ensure the elimination of sexual violence, the Committee is concerned at the number of acts of aggravated assault, including sexual abuse and many cases of rape, committed against women and children in the war zones. It also notes the reports alleging that members of the United Nations Organisation Mission in the Democratic Republic of the Congo (MONUC) committed sexual abuse (articles 3, 6 and 7 of the Covenant).
The State party should take all necessary steps to strengthen its capacity to protect civilians in the zones of armed conflict, especially women and children. Relevant guidelines should be made available to all members of the armed forces and human rights training should be made compulsory for all members of the State party’s armed forces. The State party should prevail upon the States of origin of MONUC troops suspected of having committed acts of sexual abuse to open inquiries into the matter and take the appropriate measures. (Paragraph 13)
Infant mortality: The Committee remains concerned by the very high maternal and infant mortality rates in the Democratic Republic of the Congo (paragraphs 71 and 72 of the report), owing in particular to the difficulty of access to health and family planning services and the low level of education (article 6 of the Covenant).
The State party should strengthen, in particular, its efforts to increase access to health services. The State party should ensure that health-care personnel receive better training. (Paragraph 14)
Forced disappearances and summary or arbitrary executions: The Committee remains concerned at the large number of forced disappearances or summary and/or arbitrary executions committed throughout the State party’s territory by armed groups. These violent acts in turn result in mass migrations of the affected populations, thereby contributing to an ever-increasing number of displaced persons, especially in the provinces of Ituri, North and South Kivu and Katanga (articles 6, 7 and 9 of the Covenant).
The State party should open inquiries into any forced disappearance or arbitrary execution reported to it, appropriately prosecute and punish the perpetrators of such acts and grant effective reparations including appropriate compensation, to victims or their families (articles 6, 7 and 9). It should also strengthen measures to curb the displacement of civilian populations. (Paragraph 15)
Trafficking of children and recruitment of children into armed militias: While noting the delegation’s comments on the subject, the Committee remains concerned at the trafficking of children, especially for the purposes of sexual or economic exploitation, and the forced recruitment of many children into armed militias and, although to a lesser extent, into the regular army (article 8 of the Covenant).
The State party should pursue its efforts to eradicate these phenomena. Information on steps taken by the authorities to prosecute child traffickers and eliminate the forced recruitment of minors into the armed forces and rehabilitate and protect the victims, among other things by reinforcing the activities of the National Commission for the Demobilisation and Reintegration of Child Soldiers (CONADER), should be provided in the next periodic report. (Paragraph 18)
Children living on the streets: The Committee is concerned at the fate of thousands of street children whose parents have died as a result of either the armed conflict or AIDS. These children are often victims of violent treatment by the police or are sexually exploited (article 24 of the Covenant).
The State party should further develop and strengthen the programme for the care of orphans, especially by public organisations, referred to in paragraph 273 of the report. It should also appropriately punish any person guilty of abusing such orphans. (Paragraph 24)
Birth registration: The Committee is concerned at the very limited effectiveness of civil status registries and at their complete absence in some localities (articles 16, 24, paragraph 2, and 25 (b) of the Covenant).
The State party should continue taking appropriate steps to improve or establish, as the case may be, an effective system of civil status registries, including for adults and older children not registered at birth. (Paragraph 25)
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UN Committee on Economic, Social and Cultural Rights
(E/C.12/COG/CO/1)
Last Reported: 23 November 2012 Concluding Observations issued: 2 January 2013
Issues raised and recommendations given:
Indigenous peoples: The Committee remains deeply concerned by the fact that indigenous peoples are being discriminated against and by the situation in which they find themselves despite the adoption of the Indigenous Peoples Promotion and Protection Act in 2011. The Committee requests the State party to include information in its initial report on the actual extent to which indigenous peoples are able to enjoy their economic, social and cultural rights. This information should cover such matters as the percentage of the indigenous population that is employed, has social security coverage and has access to basic social services, education and health services.
The report should elaborate upon the State party’s replies to the list of issues by furnishing information on the enforcement of the Indigenous Peoples Promotion and Protection Act of 2011 and on the impact of the capacity-building activities of the members of the National Network of Indigenous Peoples of the Congo as they relate to the observance of the rights set forth in the Covenant. The report should also include an analysis of obstacles to the enjoyment of these rights, as well as information on the impact of the implementation of the 2009–2013 national plan for improving the quality of life of indigenous peoples and of the support programme for the empowerment of indigenous peoples. (art. 2) (Para. 13)
Individuals with disabilities: The Committee notes with concern that people with disabilities suffer from economic and social exclusion despite the adoption in 1992 of Act No. 009/02, which deals with the status, protection and promotion of the rights of persons with disabilities. The Committee requests the State party to include information in its initial report on the development and implementation of legislation and policies on education, employment, social protection and health services for persons with disabilities. The Committee requests the State party to elaborate upon its replies to the list of issues by including information in its initial report on the effective enjoyment by persons with disabilities of their economic, social and cultural rights. This information should include statistics, disaggregated by sex, on the percentage of persons with disabilities who are employed, the percentage of children with disabilities who are enrolled in school, etc. (art. 2) (Para. 14)
Youth unemployment: The Committee is concerned about the high rates of unemployment and underemployment existing in the State party, particularly among young people, most of whom work in the informal sector of the economy. The Committee requests the State party to include comparative data in its initial report on unemployment and underemployment, disaggregated by sex, urban/rural location and year. The Committee would also like to have information on how effective the activities of the General Training Directorate and of targeted employment programmes for young people and disadvantaged groups have been in reducing unemployment and underemployment. The Committee would like to draw the State party’s attention to its general comment No. 18 (2005) on the right to work. (art. 6) (Para. 16)
Child Labour and Trafficking: The Committee is concerned by the fact that child labour is widespread in the State party. The Committee is also concerned by the cross-border trafficking of children. The Committee requests the State party to include information in its initial report on the steps taken to combat child labour and the trafficking of children and on the legal proceedings pursued and convictions handed down in that connection. The Committee also requests the State party to provide information on the implementation of the measures for the protection of children referred to in paragraph 23 of its replies to the list of issues. (art. 10) (Para. 18)
Mortality rates: The Committee is concerned by the high mortality rates existing in the State party, particularly the infant, child and maternal mortality rates (art. 12). The Committee requests the State party to include information in its initial report on the steps taken to achieve universal public health-care coverage and to improve public health services. The Committee also requests the State party to furnish recent statistics, disaggregated by sex, urban/rural location and year, on the various indicators, such as morbidity and mortality rates, used to measure the enjoyment of the right to health. (art. 12) (Para. 20)
HIV/Aids: The Committee is disturbed by the high HIV seroprevalence rate in the State party. The Committee requests the State party to include information in its initial report on the measures that it has adopted in order to increase the availability and quality of AIDS treatment and prevention services, as well as to provide greater access to those services, together with statistics, disaggregated by sex and by urban/rural location, on the impact of those measures. The Committee would also like to receive information on the State party’s legislation concerning the rights of people living with HIV/AIDS. In addition, the Committee asks the State party to furnish information on: (a) the availability and accessibility of sexual and reproductive health services; (b) sex education programmes in the country’s schools; and (c) legislation dealing with abortion and statistics on the abortion rate, disaggregated by age group. (art. 12) (Para. 21)
Education: The Committee notes with concern that, even though the education system has undergone a major quantitative expansion, the quality of education remains unsatisfactory. The Committee requests the State party to include information in its initial report on the steps taken to upgrade the education provided at all levels. It also requests that the State party include statistics, disaggregated by sex, urban/rural location, level of education and year, for the various indicators of educational quality, such as the retention rate and student/teacher ratio. The Committee draws the State party’s attention to its general comment No. 13 (1999) on the right to education. (art. 13) (Para. 22)
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(E/C.12/COD/CO/4)
Last reported: 3 and 4 November 2009
Concluding Observations issued: 16 December 2009
Discrimination against people with disabilities: The Committee, while noting the new provisions of the labour code concerning people with disabilities, regrets that insufficient information was provided in the State party report as to the concrete situation of persons with disabilities and the relevant laws which apply to them, including safeguards against abuse and neglect. The Committee notes with concern that in the absence of appropriate social services, most adults with disabilities have to resort to begging and their children are excluded from access to education and health care. (article 2.2)
The Committee draws attention to its general comment No. 5 (1994) on persons with disabilities and urges the State party to adopt comprehensive anti-discrimination legislation that provides persons with disabilities with judicial and social-policy programmes which enable them to live an integrated, self-determined and independent life. The Committee also urges the State party to consider ratifying the Convention on the Rights of Persons with Disabilities and the Optional Protocol thereto. The State party is invited to provide detailed information in its next periodic report on persons with disabilities, including children and women, with regard to their enjoyment of economic, social and cultural rights. (Paragraph 18)
Harmful traditional practices: The Committee notes with concern that despite constitutional provisions guaranteeing the principle of equality between women and men, provisions that discriminate against women, such as the ones contained in articles 444, 448, 449 and 450 of the Family Code remain in force in spite of repeated calls from human rights bodies to repeal them. The Committee is also concerned that in spite of the high level of gender-based violence in the State party, priority has not been given to tackling this problem, as reflected by the slow process of drafting the law on gender equality and revising the Family Code; the limited number of women in public life and decision-making positions; and the persistent inequality in wages between men and women. The Committee is further concerned about the persistence of harmful traditional practices such as dowry payments, levirate marriage, polygamy, forced and early marriage, and female genital mutilation. (article 3)
In light of its general comment No. 16 (2005) on the equal right of men and women to the enjoyment of all economic, social and cultural rights (art. 3) reminds the State party that this is an immediate obligation of States parties. The Committee considers that repealing all laws which discriminate against women requires firm political will and therefore urges the State party to proceed without any further delay to their repeal. The State party should also speed up the process of adoption of the law on gender equality, enact legislation prohibiting traditional practices that are harmful to women and girls and raise the minimum age of marriage for girls to 18 years of age. The Committee further recommends that the State party adopt measures without delay to modify or eliminate traditional practices and stereotypes that discriminate against women, make the promotion of gender equality an explicit component of all its national reconstruction and development strategies, undertake concrete measures to increase the number of women in decision-making positions and enforce the principle of equal pay for work of equal value. (Paragraph 20)
Trafficking of children: The Committee is concerned that trafficking of women and children for sexual and commercial exploitation is widespread and on the increase. The Committee is also concerned that men, women and children continue to be regularly abducted by armed groups, including FARDC, and detained in the State party or forcibly transported to neighbouring countries for the purpose of forced labour or sexual slavery. The Committee is further concerned that existing laws do not prohibit all forms of trafficking and that the State party has still not adopted any measures aimed at combating trafficking. (article 10.3)
The Committee urges the State party to criminalise all forms of trafficking in human beings, convict perpetrators, adopt effective measures against trafficking and the sexual and commercial exploitation of women and children, and provide them with physical and psychological recovery and social reintegration measures, including provision of shelter, counselling and medical care. (Paragraph 26)
Recruitment of children to be used as soldiers: The Committee expresses grave concern that all parties to the conflict, including FARDC, are still recruiting children into their ranks and that thousands of children currently remain involved in armed conflict and are subjected to atrocities by military groups. The Committee further notes with concern that insufficient efforts have been made to bring to justice those identified as recruiting and using child soldiers and to provide children, and especially girls, with protection and community reintegration programmes. (article 10.3)
The Committee urges the State party to immediately release all children serving in FARDC and detained in military facilities and to bring to justice all members of FARDC who have been recruiting, using and detaining child soldiers. The Committee also calls upon the State party to fulfil its obligations to provide demobilised boys and girls with appropriate assistance for their physical and psychological recovery and their social reintegration. (Paragraph 27)
Sexual violence: The Committee expresses grave concern at the high levels of violence, including sexual violence, suffered by children in the State party, and especially girls, street children, children accused of witchcraft, albinos, orphans, children with disabilities, indigenous children and children in detention. The Committee also expresses deep concern that children are sexually and economically exploited throughout the country on a massive scale. (article 10.3)
The Committee urges the State party not to tolerate any longer violence against children and to fully implement the Child Protection Code adopted in January 2009.
The Committee recommends the adoption of concrete measures to identify and protect the most disadvantaged and marginalised children. The Committee further recommends the State party to continue to seek the assistance of the United Nations Children’s Fund (UNICEF) and ILO in this respect. (Paragraph 28)
Health: The Committee is deeply concerned that 4 million people have died since the conflict began and that most deaths were caused by preventable and treatable illnesses. The Committee expresses grave concern that most of the health districts are no longer functioning, leaving 37 per cent of the population totally deprived of any form of health care. The Committee is also concerned that when structures do exist, due to user fees health care is not readily accessible resulting in alarming levels of infant, under-five and maternal mortality and low vaccination coverage. (article 12)
The Committee urges the State party to fulfil its commitment to allocate 15 per cent of its budget to building a sustainable health system as announced in its report to the Committee. The Committee also urges the State party to provide detailed information in its next periodic report on the concrete results achieved through the programmes that the State party is currently implementing. (Paragraph 34)
Education: The Committee notes with concern that in spite of the significant increase in budgetary allocations to the education sector, access to primary schools remains fee-paying and therefore unaffordable for many. The Committee also notes with concern that school enrolment of children, especially girls, remains at an extremely low level and that the low level of birth registration in the State party continues to be a major obstacle to the enjoyment of the right to education. The Committee is further concerned that only a small part of the State budget allocated to education is actually being spent on education, especially in priority areas such as educational infrastructure and decent salaries for teachers.
In light of its general comment No. 11 (1999) on plans of action for primary education (art. 14), the Committee reminds the State party that article 14 of the Covenant requires each State party which has not been able to secure compulsory primary education, free of charge, to undertake, within two years, to work out and adopt a detailed plan of action for the progressive implementation, within a reasonable number of years, to be fixed in the plan, of the principle of compulsory primary education free of charge for all. The Committee also urges the State party to take all appropriate measures to ensure that births are registered throughout its territory and that the funds allocated to education are actually spent on priority areas such as educational infrastructure and teachers. The Committee requests the State party to provide precise information in its next periodic report on the measures adopted to achieve free and compulsory primary education for all children. (Paragraph 35)
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UN Committee on the Elimination of Racial Discrimination
Last reported: 6 and 7 August 2007
Concluding Observations issued: 17 August 2007
No mention of children's rights.
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UN Committee on the Elimination of Discrimination against Women
CEDAW/C/COD/CO/6-7
Last reported: 11 July 2013
Concluding Observations issued: 23 July 2013
Issues raised:
Armed conflict: The Committee is extremely concerned about: (Paragraph 9):
(a) Mass rapes, sexual violence and sexual slavery used as a weapon of war by the Congolese army (FARDC) and armed groups in the eastern part of the country;
(b) The shocking levels and nature of violence and sexual atrocities against women; the failure of the authorities to prioritize the protection of civilians; and the denial by key State officials of the extent of violence against women in conflict-affected areas;
(c) Pervasive impunity and the lack of adequate funding of the operational military jurisdictions; the limited number of prosecutions of members of the armed forced by military courts; the lack of systematic follow-up by the military prosecutors of investigations made by the MONUSCO, as well as other UN bodies and UN agencies, as regard acts of sexual violence committed by the FARDC; the delay in the establishment of specialized courts to try individuals responsible for war crimes, genocide, and crimes against humanity; the low number of women judges dealing with cases of sexual violence in conflict-affected areas and of judges and prosecutors specialized on sexual violence;
(d) The fear of reprisals against women who complain about the conduct of the security forces, including sexual assaults, against women human rights defenders, particularly women defenders in rural communities working on cases of sexual violence;
(e) The limited enforcement of court decisions and non-payment of compensation for acts of sexual violence by State agents in conflict-affected areas;
(f) The absence of a proper screening process to remove suspected perpetrators of serious human rights violations from official positions in the security forces;
(g) The lack of centres providing medical, judicial, psychological and socio-economic support to women and girls who are victims of sexual violence in conflict areas;
(h) The large number of women living with HIV/AIDS, large-scale displacements, marginalization, trauma, and poverty affecting women as a result of the conflict;
(i) The limited regulation of the arms trade, the proliferation of small arms and light weapons and their impact on the security of women;
(j) The very low representation of women in the peace negotiations.
10. The Committee urges the State party to:
(a) Prevent gender-based violence, in particular sexual violence, by State and non-State actors in conflict-affected areas; ensure the protection of civilians, including women, in cooperation with the MONUSCO; conduct gender-sensitive training and adopt codes of conduct for the police and the military, and provide training for psychologists and health professionals;
(b) Prioritize the fight against impunity for sexual violence in conflict-affected areas; promptly complete effective and independent investigations into the violations of women’s rights by the Congolese army (FARDC) and other armed groups, and prosecute the perpetrators of such acts, including those who have command responsibility;
(c) Ensure access to justice for all women affected by sexual violence during the conflict; provide proper funding to the military jurisdictions; ensure that the justice system is responsive to gender-based violence and increase the number of women judges dealing with cases of sexual violence in conflict-affected areas and the number of judges and prosecutors specialized on sexual violence; and pursue efforts, with the support of the international community, towards the adoption of a law on a specialized court or specialized chambers under the national judiciary system, to try individuals responsible for war crimes, genocide, and crimes against humanity;
(d) Ensure the protection of victims and witnesses from reprisals whenever they seek access to justice;
(e) Establish a human rights based vetting system that will ensure that no perpetrators of human rights violations, including human rights violations of women, will be maintained in the Army and the Police or be integrated in the army, especially during peace negotiations with armed groups;
(f) Ensure access of victims to comprehensive medical treatment, mental health care and psychosocial support provided by health professionals who are trained to detect sexual violence and to treat its consequences; and ensure that women victims are provided with medico-legal forms free of cost;
(g) Ensure the effective implementation of the National Action Plan for the Implementation of Security Council Resolution 1325; establish a comprehensive national policy to provide adequate reparations to victims of sexual crimes;
(h) Ensure the effective regulation of the arms trade, control the circulation of illicit small arms; and consider ratifying the 2013 Arms Trade Treaty;
(i) Significantly enhance the inclusion and representation of women in peace negotiations and also ensure their representation in provincial security committees;
(j) Ensure effective implementation of Security Council Resolution 2098.
Violence: The Committee is deeply concerned about: (Paragraph 21):
(a) The prevalence, including in non-conflict areas, of rape and other forms of sexual violence, incest, sexual harassment and domestic violence; acts of torture and other ill-treatment of women and girls accused of being witches; and acts of sexual violence against women detainees, including by members of the Congolese National Police;
(b) The lack of effective implementation of the 2006 Law on Sexual Violence, the 2009 National Strategy to combat gender-based violence, and the “zero tolerance policy” in relation to sexual violence;
(c) The lack of legal provisions prohibiting domestic violence, including marital rape, and the absence of shelters, counselling and rehabilitation services for victims of such violence;
(d) The lack of awareness among men of the harmful nature of sexual violence and the insufficient sensitization of the police and other law enforcement officials, health and social workers, the judiciary and the public at large, on violence against women.
22. The Committee urges the State party to:
(a) Ensure the effective implementation, including through the provision of sufficient resources, of the 2006 Law on Sexual Violence, the 2009-2013 National Strategy to combat gender-based violence, and the “zero tolerance policy”;
(b) Prosecute all acts of violence against women upon complaint by the victim or ex officio, and adequately punish perpetrators, including when perpetrators are members of the Congolese National Police; ensure that judicial decisions are executed, including that those convicted serve mandated sentences and that compensations are paid;
(c) Provide compensation as well as assistance and rehabilitation to victims of violence through the setting up of a comprehensive care system for victims of gender-based violence, including measures to provide them with free legal aid, medical and psychological support, as well as shelters, counselling and rehabilitation services throughout the territory of the State party;
(d) Prevent violence against women and children accused of being witches as well as against women in detention, and prosecute and punish perpetrators of such violence, including when they are members of the Congolese National Police;
(e) Ensure that domestic violence, including marital rape, are explicitly prohibited and provide for adequate sanctions;
(f) Undertake awareness-raising and educational activities, targeted at both men and women, as well as the police and other law enforcement officials, health and social workers and the judiciary, with the support of civil society organizations, in order to combat violence against women.
Trafficking: The Committee is concerned about the delay in conducting a study on the extent and causes of trafficking in human beings and forced prostitution in the State party; and the absence of a comprehensive law and strategy aimed at combating trafficking in human beings. It is further concerned about the prevalence of prostitution in the State party, including forced and adolescent prostitution. (Paragraph 23).
24. The Committee recommends that the State party:
(a) Carry out, without delay, a study to investigate the extent and causes of trafficking in human beings and forced prostitution, particularly of women and girls, including through the collection and analysis of data on trafficking and exploitation of women in prostitution;
(b) Adopt a law and strategy aimed at combating trafficking in human beings and establish mechanisms for the investigation, prosecution and punishment of traffickers;
(c) Increase international, regional and bilateral cooperation with countries of origin, transit and destination to prevent trafficking through information exchange and harmonize legal procedures aimed at the prosecution and punishment of traffickers;
(d) Address the root causes of prostitution of women and girls, including poverty, in order to eliminate their vulnerability to sexual exploitation and trafficking, and ensure the rehabilitation and social reintegration of victims.
Education: While welcoming the existence of the free and compulsory primary education policy and taking note of the challenges faced by the State party to provide education in rural and conflict-affected areas, the Committee remains concerned about: (Paragraph 27):
(a) The insufficient infrastructure and funding for education;
(b) The insufficient implementation of the free and compulsory primary education policy;
(c) The low enrolment rate of women and girls at all levels of education, due to the lack of local schools, school fees, and economic and cultural barriers to women and girls’ access to education, and the resulting high female illiteracy rate;
(d) The high drop-out rate among girls, due, inter alia, to early marriage and pregnancy;
(e) The existence of stereotypical attitudes about the roles and responsibilities of women and men in textbooks, curricula and teacher training;
(f) The prevalence of violence and sexual harassment of girls at and on the way to school and at University.
28. The Committee recommends that the State party:
(a) Allocate adequate funding for education to increase the number of schools and teachers and to improve the quality of teaching and school infrastructure;
(b) Ensure de facto equal access of girls and young women to all levels of education and retain girls at school, including by eliminating the indirect costs of schooling, eliminating the practice of early marriage, enabling young women to stay at school during pregnancy and to return to school after giving birth, providing incentives for parents to send their daughters to school, and building appropriate sanitary facilities in existing and new schools;
(c) Raise awareness among communities, families, students, teachers and officials, especially men, about the importance of women’s and girls’ education;
(d) Undertake a revision of educational textbooks to eliminate gender stereotypes;
(e) Strengthen adult literacy programmes, especially for women in rural areas;
(f) Enforce a zero tolerance policy with respect to sexual abuse and harassment at school and ensure that perpetrators are punished appropriately.
Child Labour: The Committee is concerned about persistent discrimination against women in the labour market, in particular with regard to: (Paragraph 29):
(a) Exploitative labour of women and girls working in the mining sector;
(b) The concentration of women in the informal sector with no legal protection, social security or other benefits;
(c) The restrictive definition of sexual harassment;
(d) The gender wage gap;
(e) The protective measures for women based on stereotypical perceptions of their abilities and their role in society;
(f) The difficulties faced by women in accessing credit for starting small-scale businesses and the limited results of the National Strategy of micro-finance (2008-2012).
30. The Committee recommends that the State party:
(a) Protect women and girls working in the mining sector from exploitative labour;
(b) Pay particular attention to conditions of women workers in informal sector with a view to ensuring their access to social services;
(c) Broaden the definition of sexual harassment to include conduct that creates a hostile work environment, and adopt legislation providing additional avenues for redress to victims of sexual harassment;
(d) Reduce the gender wage gap, including by addressing occupational segregation of women;
(e) Ensure that protective measures for women are strictly limited to maternity protection and not based on stereotypical perceptions of their abilities and their role in society;
(f) Expand women’s access to micro-finance and microcredit at low interest rates so as to enable them to engage in income-generating activities and to start their own businesses.
Health: The Committee is concerned about persistent discrimination against women in the labour market, in particular with regard to: (Paragraph 29):
(a) Exploitative labour of women and girls working in the mining sector;
(b) The concentration of women in the informal sector with no legal protection, social security or other benefits;
(c) The restrictive definition of sexual harassment;
(d) The gender wage gap;
(e) The protective measures for women based on stereotypical perceptions of their abilities and their role in society;
(f) The difficulties faced by women in accessing credit for starting small-scale businesses and the limited results of the National Strategy of micro-finance (2008-2012).
30. The Committee recommends that the State party:
(a) Protect women and girls working in the mining sector from exploitative labour;
(b) Pay particular attention to conditions of women workers in informal sector with a view to ensuring their access to social services;
(c) Broaden the definition of sexual harassment to include conduct that creates a hostile work environment, and adopt legislation providing additional avenues for redress to victims of sexual harassment;
(d) Reduce the gender wage gap, including by addressing occupational segregation of women;
(e) Ensure that protective measures for women are strictly limited to maternity protection and not based on stereotypical perceptions of their abilities and their role in society;
(f) Expand women’s access to micro-finance and microcredit at low interest rates so as to enable them to engage in income-generating activities and to start their own businesses.
Street children: The Committee is concerned about persistent discrimination against women in the labour market, in particular with regard to: (Paragraph 35).
(a) Exploitative labour of women and girls working in the mining sector;
(b) The concentration of women in the informal sector with no legal protection, social security or other benefits;
(c) The restrictive definition of sexual harassment;
(d) The gender wage gap;
(e) The protective measures for women based on stereotypical perceptions of their abilities and their role in society;
(f) The difficulties faced by women in accessing credit for starting small-scale businesses and the limited results of the National Strategy of micro-finance (2008-2012).
30. The Committee recommends that the State party:
(a) Protect women and girls working in the mining sector from exploitative labour;
(b) Pay particular attention to conditions of women workers in informal sector with a view to ensuring their access to social services;
(c) Broaden the definition of sexual harassment to include conduct that creates a hostile work environment, and adopt legislation providing additional avenues for redress to victims of sexual harassment;
(d) Reduce the gender wage gap, including by addressing occupational segregation of women;
(e) Ensure that protective measures for women are strictly limited to maternity protection and not based on stereotypical perceptions of their abilities and their role in society;
(f) Expand women’s access to micro-finance and microcredit at low interest rates so as to enable them to engage in income-generating activities and to start their own businesses.
Early marriage: The Committee is concerned about: (Paragraph 37):
(a) The existence of discriminatory provisions in the 1987 Family Code, including: the need for authorization by the husband of any legal act (articles 448, 449 and 450); the provision that the husband is the head of household (article 353); the choice of the place of residence by the husband (article 454); a broader definition of adultery applying to women than that applying to men (article 467); the woman’s duty to obey her husband (article 444); the ownership of the family registry booklet by the husband (articles 148.1 and 150); and the different minimum age of marriage for girls and boys (article 352);
(b) The Committee is also concerned about the persistence of the practices of early marriage, polygamy and levirate, and discriminatory customary practices with regard to inheritance of land.
38. The Committee recommends that the State party:
(a) Withdraw the discriminatory provisions of the 1987 Family Code, including the need for authorization by the husband of any legal act (articles 448, 449 and 450); the provision that the husband is the head of household (article 353); the choice of the place of residence by the husband (article 454); the broader definition of adultery applying to women than that applying to men (article 467); the woman’s duty to obey her husband (article 444); the ownership of the family registry booklet by the husband (articles 148.1 and 150); and the different minimum age of marriage for girls and boys (article 352);
(b) Raise the legal age of marriage to 18 for girls;
(c) Sensitize traditional leaders on the importance of eliminating discriminatory practices such as polygamy, early marriage and levirate and the customary practice that discriminate against women with regard to land inheritance.
Concluding Observations issued: 25 August 2006
Education: While welcoming the fact that articles 43 and 44 of the Constitution provide for free and mandatory primary education and the eradication of illiteracy, the Committee is concerned about the highly negative impact of the protracted armed conflict on the educational infrastructure, which constitutes particular obstacles for the education of girls and young women. The Committee is concerned about women’s low enrolment rates in higher education. The Committee is especially concerned about the high rate of illiteracy among women, which in 2001 stood at 44 per cent for the country as a whole. The Committee notes that education is a key to the advancement of women and that the low level of education of women and girls remains among the most serious impediments to their full enjoyment of human rights and the achievement of women’s empowerment. It is very concerned about the high drop-out rate of girls, including for reasons such as pregnancy and early and forced marriage.
The Committee urges the State party to implement articles 43 and 44 of the Constitution through concrete legislative provisions, policy measures, adequate infrastructure and funding, and to raise awareness of the importance of education as a human right and a basis for the empowerment of women. It recommends that the State party implement measures to ensure equal access for girls and women to all levels of education and retain girls in school, including through temporary special measures in accordance with article 4, paragraph 1, of the Convention and its general recommendation 25. It encourages the State party also to take steps, in close collaboration with relevant non-State actors, to overcome traditional attitudes that constitute obstacles to girls’ and women’s education. The Committee calls on the State party to make every effort to improve the literacy level of girls and women through the adoption of comprehensive programmes, in collaboration with civil society and the support of international organisations, at the formal and non-formal levels, and through adult education and training. (Paragraphs 358 and 359)
Health: While noting the efforts made by the State party to improve women’s health, including reproductive health, the Committee is concerned about the highly negative impact on maternal and infant mortality and morbidity rates of the protracted armed conflict, which resulted in lack of access to obstetric care, dilapidated clinics and lack of utilisation of existing services during pregnancy and childbirth, limited access to adequate sexual and reproductive health services for women, especially women in rural areas, and the low level of education. The Committee is also concerned about the scant information provided about women and HIV/AIDS.
The Committee recommends that the State party intensify its efforts to take measures to improve women’s access to a wide range of health-care services, especially to emergency obstetric care and health-related services, and to information, in accordance with article 12 of the Convention and the Committee’s general recommendation 24, on women and health, with targets for the reduction of the maternal mortality rate. It calls upon the State party to improve the availability of sexual and reproductive health services, including family planning, also with the aim of preventing early pregnancies and clandestine abortions. It encourages the State party to enhance such services, especially for rural women. The Committee further urges the State party to study the behavioural patterns of communities, and of women in particular, that inhibit their utilisation of existing services and to take appropriate action. The Committee requests the State party to provide, in its next report, detailed statistical and analytical information on the results of measures taken to improve women’s access to health-related services and information, including in regard to sexual and reproductive health and family planning, and the impact of these measures. It also calls on the State party to ensure the effective implementation of its HIV/AIDS strategies and to provide detailed statistical and analytical information about women and HIV/AIDS in its next periodic report. The Committee recommends that the State party seek financial and technical support from the international community in order to implement measures to improve women’s health. (Paragraphs 360 and 361)
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UN Committee against Torture
Last reported: 21 and 22 November 2005
Concluding Observations adopted; 1 April 2006
Detention of children with adults: The Committee is concerned about the conditions of detention currently existing in the Democratic Republic of the Congo. The most common problems are overcrowding, insufficient food, poor hygiene and a shortage of material, human and financial resources. The treatment of prisoners remains a matter of concern for the Committee. Cases of corporal punishment for disciplinary offences have been reported. Solitary confinement and food deprivation are also used as disciplinary measures. In many cases, minors and women are not segregated from adults and men.
The State party should end practices that are contrary to the United Nations Standard Minimum Rules for the Treatment of Prisoners. It should also take immediate steps to reduce overcrowding in prisons and the number of persons in pretrial detention, and ensure that minors and women are segregated from adults and men. (Paragraph 11)
Abandoned children: The Committee is concerned about the general vulnerability of abandoned children who are at risk of torture and other cruel, inhuman or degrading treatment, especially children used as combatants by the armed groups operating on the territory of the Democratic Republic of the Congo.
The State party should adopt and implement emergency legislative and administrative measures to protect children, especially abandoned children, from sexual violence and to facilitate their rehabilitation and reintegration. The Committee further recommends that the State party take all possible steps to demobilise child soldiers and facilitate their rehabilitation and reintegration into society. (Paragraph 14)
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UN Committee on Migrant Workers
Not yet ratified.
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UN Committee on the Rights of Persons with Disabilities
Not yet ratified.
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UN Committee on Enforced Disappearance
Not yet ratified.
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