UPR Sexual Rights Database

National Report:
Para 61) Existing Congolese law provides that, “irrespective of any property derived from the dissolution of the marriage, the surviving spouse has property and usufruct rights over the main residence, the right to remain in occupation at that residence and, where applicable, the right to a survivor’s pension, annuity or portion of the death benefit”. Surviving spouses may not be declared unworthy to inherit for refusing to participate in customary mourning rituals. Cruelty to or maltreatment of a widow or widower at mourning ceremonies is punishable under the Criminal Code.
Para 62) The principle of spousal equality has been carried over into the draft personal and family code, which is in the process of being adopted. The draft also contains a number of new provisions. For instance, it stipulates that, “if none of the relatives of a deceased person is entitled to inherit, the surviving spouse receives the inheritance in full”. The new code will significantly mitigate the widely condemned effects of widowhood practices and even prohibit them in certain cases. The draft also stipulates, inter alia, that “a woman may not be considered as part of her deceased husband’s estate. Customary practices that require a widow to marry one of her deceased husband’s relatives are thus prohibited.” These practices are punishable under the draft Criminal Code.
Para 63) Customs and traditions that remove or restrict women’s right to occupy or acquire customary land or land in urban or peri-urban areas have been declared null and void.

UN Compilation:
Para 36) [CRC] was concerned about the unequal parental responsibilities of the mother and the father, ingrained in law and in practice.

National Report:
Para 77) The data included in the Government’s 2015 study on the Sectoral Education Strategy for the period 2015–2025 show that girls and boys enjoy nearly equal access to preschool and primary education. The data show that their rates of retention until the end of primary school are the same: 85.3 per cent of boys and 84.5 per cent of girls complete primary school. However, boys have higher rates of access and participation than girls at the lower secondary level. These gaps become wider as children progress through the education system. A report on the 2014–2015 Multiple Indicator Cluster Survey conducted by the National Statistical Institute with the support of UNICEF backs up these findings.
Para 78) In the age group 12–24, more than 8 in 10 young women (84 per cent) and nearly 9 in 10 young men (89 per cent) are literate. Literacy rates are higher in urban areas (91 per cent of young women and 93 per cent of young men) than in rural areas (62 per cent of young women and 74 per cent of young men). For both young women and young men, higher literacy rates lead to significant increases in household socioeconomic status: the literacy rate is 49 per cent for young women from the poorest households versus 98 per cent for those from the wealthiest and 64 per cent for young men from the poorest households versus 98 per cent for those from the wealthiest.
Para 79) In all, 23 per cent of children in the first year of primary school attended a preschool the previous year, with almost no difference between boys (23 per cent) and girls (24 per cent). The proportion of children who start their schooling at the preschool level is 38 per cent for those from urban areas versus 7 per cent for those from rural areas. Household wealth is a major driver of inequalities in school readiness: the proportion of children currently in the first year of primary school who were in a preschool education programme the previous year stands at 5 per cent for those from the poorest households versus 59 per cent for those from the wealthiest.
Para 80) Primary and secondary school attendance rates offer valuable information on inequalities between children of different genders and social backgrounds. In all, 97 per cent of primary school-age children (6–11 years) attend a primary or secondary school. The primary school attendance rates for boys and girls are almost equal (96 per cent versus 97 per cent). …
Para 81) Two thirds of secondary school-age children (12–18 years) attend a secondary or higher education institution. There is no difference in secondary school attendance between boys and girls. …
Para 82) The primary school survival and completion rates remain high. More than 9 in 10 children who enter the first year of secondary school (96 per cent) reach the final year. A child ‘s sex and place of residence have little bearing on the survival rate.
Para 83) The primary school completion rate in the Congo is 91 per cent. It is slightly higher for girls (92 per cent) than for boys (90 per cent) and is almost the same in urban and rural areas.
Para 85) The gender parity index across both the primary and secondary school levels is 1.00, which shows that, nationally, there is little difference in primary and secondary school attendance between girls and boys.
Para 86) At the primary school level, the gender parity index is greater than or equal to 1.00 in 10 of the country’s 12 departments. The two departments in which it is lower are Lékoumou (0.97) and Bouenza (0.99).
Para 87) The secondary school attendance rate is lower for girls than for boys in several departments, as reflected in a gender parity index of less than 1.00. These departments are Kouilou (0.74), Lékoumou (0.84), Bouenza (0.78), Pool (0.83), Plateaux (0.90), Sangha (0.85) and Likouala (0.91).

National Report:
Para 77) Sexual violence is classified as a crime and is punished by article 332 of the Congolese Criminal Code, which punishes the crime of rape. However, certain cases in which the crime has gone unpunished may be attributed to the failure of the victims to lodge a complaint or to the inertia and shortcomings of the judicial system.

Para 78) Efforts to combat the scourge are headed by NGOs, public institutions and United Nations agencies, which utilize extrajudicial means such as:
- The organization of information, education and communication sessions in order to change behaviour;
- The launch of the Zero Tolerance campaign, whose activities will last two years;
- Creation of hostels for the victims of violence;
- Establishment of an observatory for violence control;
- Revision of the legal framework to take into account legal issues affecting women (Criminal Code, Tax Code, Family Code, etc.).

Para 82) Female genital mutilation is prohibited in the Congo by article 62 of Act No. 4-2010 of 14 June 2010 on the protection of children in the Republic of the Congo. Campaigns to raise awareness about such practices are organized as part of the effort to combat sexual violence.

National Report:
Para 50) On 25 October 2016, the Congo and the United Nations Population Fund signed a partnership agreement on combating gender-based violence, one outcome of which was the launch of a project on preventing and combating gender-based violence. The Ministry of the Interior and Decentralization is heading the project, which involves police officers, gendarmes, lawyers, doctors, psychologists and other professionals. The project led to workshops to draft and endorse a training manual for police staff and senior officers and training guidelines on combating gender-based violence. Both documents were approved on 9 August 2018.
Para 51) … In addition, a meeting on reviving the National Observatory on Gender-based Violence was held in Brazzaville on 9 September.
Para 58) A particular cause for concern is violence against women, which is addressed in a bill currently before the parliament. Training and awareness-raising campaigns have been carried out in preparation for its adoption. In 2015, 600 police officers underwent training on gender-based violence and inequality in Pointe-Noire. In Brazzaville, training has been provided for 80 victim-support centre workers and 35 members of the police force and the social affairs, health-care and justice sectors. In Pointe-Noire, a marine patrol squad consisting of 11 women has been formed. From 25 to 27 August 2015, judges, police officers and workers in the health-care and social affairs sectors attended a seminar on the criminal nature of violence against women. They were also trained in caring for victims, counselling them and identifying cases. Police stations and hospitals have been equipped with computer tools, office supplies, digital cameras and video cameras and essential medicines.
Para 59) As part of its implementation of the National Gender Policy and the Programme to Combat Gender-based Violence, the Government has worked with the Post and Electronic Communications Regulatory Agency and mobile telephone operators (Airtel-Congo, MTNCongo, Azur and Congo-Telecom) to set up a toll-free emergency hotline, 14 44, which has been operational since 4 March 2018. This shows the commitment of the Congolese public authorities to combating gender-based violence.
Para 61) Existing Congolese law provides that, “irrespective of any property derived from the dissolution of the marriage, the surviving spouse has property and usufruct rights over the main residence, the right to remain in occupation at that residence and, where applicable, the right to a survivor’s pension, annuity or portion of the death benefit”. Surviving spouses may not be declared unworthy to inherit for refusing to participate in customary mourning rituals. Cruelty to or maltreatment of a widow or widower at mourning ceremonies is punishable under the Criminal Code.
Para 62) The principle of spousal equality has been carried over into the draft personal and family code, which is in the process of being adopted. The draft also contains a number of new provisions. For instance, it stipulates that, “if none of the relatives of a deceased person is entitled to inherit, the surviving spouse receives the inheritance in full”. The new code will significantly mitigate the widely condemned effects of widowhood practices and even prohibit them in certain cases. The draft also stipulates, inter alia, that “a woman may not be considered as part of her deceased husband’s estate. Customary practices that require a widow to marry one of her deceased husband’s relatives are thus prohibited.” These practices are punishable under the draft Criminal Code.
Para 63) Customs and traditions that remove or restrict women’s right to occupy or acquire customary land or land in urban or peri-urban areas have been declared null and void.

UN Compilation:
Para 10) The United Nations Educational, Scientific and Cultural Organization (UNESCO) noted that a new Constitution had been promulgated on 6 November 2015. It had been adopted by referendum on 25 October 2015. This text … establishes the equality of men and women before the law.
Para 16) CRC was concerned about the … the multiple gender-based discrimination against girls.
Para 36) [CRC] was concerned about the unequal parental responsibilities of the mother and the father, ingrained in law and in practice.
Para 52) [CRC] expressed its concern about the widespread violence against children, particularly girls …

Stakeholder Summary:
Para 41) JS1 indicated that many children continued to be victims of physical violence or corporal punishment. Violence, especially sexual violence against girls, remained a major problem.

National Report:
Para 17) The draft code also protects fundamental rights and freedoms by punishing outrages on human freedom and dignity. Its provisions cover, among other acts, … forced marriage. As for offences against the peace and honour of individuals, the acts that fall within its scope include … sexual harassment.
Para 50) On 25 October 2016, the Congo and the United Nations Population Fund signed a partnership agreement on combating gender-based violence, one outcome of which was the launch of a project on preventing and combating gender-based violence. The Ministry of the Interior and Decentralization is heading the project, which involves police officers, gendarmes, lawyers, doctors, psychologists and other professionals. The project led to workshops to draft and endorse a training manual for police staff and senior officers and training guidelines on combating gender-based violence. Both documents were approved on 9 August 2018.
Para 51) … In addition, a meeting on reviving the National Observatory on Gender-based Violence was held in Brazzaville on 9 September.
Para 58) A particular cause for concern is violence against women, which is addressed in a bill currently before the parliament. Training and awareness-raising campaigns have been carried out in preparation for its adoption. In 2015, 600 police officers underwent training on gender-based violence and inequality in Pointe-Noire. In Brazzaville, training has been provided for 80 victim-support centre workers and 35 members of the police force and the social affairs, health-care and justice sectors. In Pointe-Noire, a marine patrol squad consisting of 11 women has been formed. From 25 to 27 August 2015, judges, police officers and workers in the health-care and social affairs sectors attended a seminar on the criminal nature of violence against women. They were also trained in caring for victims, counselling them and identifying cases. Police stations and hospitals have been equipped with computer tools, office supplies, digital cameras and video cameras and essential medicines.
Para 59) As part of its implementation of the National Gender Policy and the Programme to Combat Gender-based Violence, the Government has worked with the Post and Electronic Communications Regulatory Agency and mobile telephone operators (Airtel-Congo, MTNCongo, Azur and Congo-Telecom) to set up a toll-free emergency hotline, 14 44, which has been operational since 4 March 2018. This shows the commitment of the Congolese public authorities to combating gender-based violence.

UN Compilation:
Para 49) CRC remained concerned that female genital mutilation was still practised among some West African communities living in the Congo.
Para 52) [CRC] expressed its concern about the widespread violence against children, particularly girls …

Stakeholder Summary:
Para 41) JS1 indicated that many children continued to be victims of physical violence or corporal punishment. Violence, especially sexual violence against girls, remained a major problem.
Para 42) JS1 reported that, although reliable data were not yet available, … early marriages of girls, …continued to be a scourge with no sanction applied against the perpetrators of these violations.

National Report:
Para 75) Currently, there is no provision under domestic legislation to define discrimination against women. However, the lack of a legal definition notwithstanding, efforts are being made to ensure that women are equal as regards ownership of property, access to employment and political activity. Women may own land through matrilineal or patrilineal filiation, through inheritance or by marriage.

Para 77) Sexual violence is classified as a crime and is punished by article 332 of the Congolese Criminal Code, which punishes the crime of rape. However, certain cases in which the crime has gone unpunished may be attributed to the failure of the victims to lodge a complaint or to the inertia and shortcomings of the judicial system.

Para 78) Efforts to combat the scourge are headed by NGOs, public institutions and United Nations agencies, which utilize extrajudicial means such as:
- The organization of information, education and communication sessions in order to change behaviour;
- The launch of the Zero Tolerance campaign, whose activities will last two years;
- Creation of hostels for the victims of violence;
- Establishment of an observatory for violence control;
- Revision of the legal framework to take into account legal issues affecting women (Criminal Code, Tax Code, Family Code, etc.).