UPR Sexual Rights Database

National Report:
Para 52) Since 2014, the Congo has increased the participation of women in political and public life and strengthened their representation in decision-making bodies.
Para 53) The Congolese Constitution of 25 October 2015 guarantees the principle of parity and affirms that women and men have equal rights. Women’s advancement and representation in all political, elective and administrative posts are guaranteed by law. These principles have been incorporated into the Electoral Act.
Para 54) The new article 61 of the Electoral Act stipulates that “women must constitute at least 30 per cent of candidates put forward for election to the National Assembly and the Senate”.
Para 55) The representation of women in decision-making bodies currently stands at 11.5 per cent in the National Assembly, 22.9 per cent in the Senate, 22.85 per cent in the Government, 12 per cent in decision-making positions in the ministries, 18.82 per cent in departmental councils, 23.5 per cent in municipal councils and 20 per cent in the Supreme Court.
Para 56) According to the most recent civil service personnel audit, women make up 49.5 per cent of public sector workers.
Para 136) Human rights organizations expect, and indeed demand, the immediate adoption of legislation on the prohibition of torture, the abolition of the death penalty and the effective attainment of gender parity. They consider that, even within the Government itself, women are not only underrepresented but also still lack access to certain positions and privileges, such as: • Posts in the core ministries of the State • The position of cabinet minister.
Para 137) No woman has ever been promoted to the rank of general in the armed forces nor held the top position in any of the constitutional institutions. Human rights organizations consider this to be a violation of the CEDAW.

National Report:
Para 75) Studies have shown that more than 9 in 10 births (96 per cent) are entered in the civil registry. There is no difference in registration rates for the births of boys and girls. However, there is a large gap between urban areas (99 per cent) and rural areas (91 per cent). The Government conducts regular mobile civil registration campaigns to reduce this gap.

UN Compilation:
Para 16) CRC was concerned about … discrimination against children living in isolated, rural areas in the enjoyment of their rights, particularly regarding access … birth registration;
Para 68) … CRC … was also concerned that indigenous children continued to experience exclusion, violence and discriminatory practices in accessing their rights, including their rights to birth registration, …

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 76) The Ministry for the Advancement of Women and the Integration of Women into Development has introduced a bill on the representation of women in political, administrative and elected positions. The Supreme Court has given a favourable opinion on the bill. Irrespective of the bill, Congolese women already play an active part in all sectors of public life.

UN Compilation:
Para 20) CEDAW and UNICEF welcomed the 2009-2013 National Gender Plan of Action ...

National Report:
Para 49) Congo is behind with the preparation of its initial and periodic reports. However, two reports, the first on economic, social and cultural rights and the other on torture and other cruel, inhuman or degrading treatment or punishment are being finalized and will shortly be submitted.

Para 51) The Congo submitted its combined reports on the CEDAW, covering the periods 2003-2006 and 2007 to 2011, on 14 February 2012.

UN Compilation:
Para 25) CESCR regretted that the Congo had not submitted its initial report, which was overdue since 1990, despite the exchange of views of CESCR with the Congo in 2000 and the national training seminar for members of the interministerial committee on the preparation and submission of reports to treaty bodies.

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.