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.
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).

UN Compilation:
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 49) CRC remained concerned that female genital mutilation was still practised among some West African communities living in the Congo.

National Report:
Para 88) The overall framework for the protection of the rights of the child is determined by Act No. 4-2010 of 14 June 2010 on protection for children in the Republic of the Congo.

Para 89) Section III of the Act concerns protection against violence, neglect, ill-treatment and exploitation and prohibits the following:
- Indecent exposure, sexual molestation or rape in the presence or on the person of a child (art. 54);
- Genital mutilation, honour crimes and forced marriage of children (art. 62);
- The trafficking, sale and all forms of exploitation of children (art. 60).

Para 101) A bill to control trafficking in persons in the Republic of the Congo has been under preparation since the first quarter of 2013 with the financial support of the Embassy of the United States of America in the Congo and the assistance of experts from the United Nations Office on Drugs and Crime (UNODC).

Para 102) A project to set up a national committee to combat trafficking in persons, which will be responsible for gathering data on trafficking and fostering cooperation, is under way.

UN Compilation:
Para 8) Several treaty bodies welcomed ... the 2011 Law prohibiting traffic and sexual exploitation of indigenous children and women.

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.

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.

UN Compilation:
Para 72) The Committee against Torture … was also concerned at allegations of acts of … sexual violence by the police against a large number of foreign nationals in the wake of a police operation in April 2014.
Para 74) CRC commended the cooperative approach of the Congo towards refugees, including many children. However, it was concerned about the hardship of refugees and asylum seekers’ living conditions, especially those of refugee and asylum-seeking children, about incidents of sexual and gender-based abuse …

National Report:
Para 14) In the sphere of health, a number of decisions have been taken, including ... free treatment for malaria and tuberculosis for children aged from 0 to 15 years, free screening for HIV and AIDS and case-management for seropositive persons and persons living with HIV or AIDS.

Para 15) Two major outpatient health centres have been established at Brazzaville and Pointe-Noire, together with several other screening centres in other towns. Permanent information campaigns in the media and condom distribution in streets, hotels and at border posts by State agencies and NGOs are noteworthy activities. Thanks to these grass-roots activities, the disease is regressing in the country.

Para 81) A number of initiatives have been planned as part of strategies to protect the victims of prostitution and keep the problem in check:
- The involvement of the National AIDS Control Council (CNLS) and the National AIDS Control Programme (PNLS) in preventive measures and treatment for prostitutes.

Para 122) Following an intense campaign in its favour, Act No. 30-2011, of 3 June 2011, on efforts to control HIV/AIDS and protection for people living with HIV was adopted by both houses of parliament (the National Assembly and the Senate) and promulgated by the President of the Republic. It has been in force since that date and implementing legislation is now being drafted.

Para 123) In the wake of the Act's introduction, numerous activities were organized to publicize the Act. An information handbook on HIV/AIDS control and protection of the rights of infected or affected persons, which was drafted with the support of the United Nations Development Programme (UNDP), was approved in February 2013.

UN Compilation:
Para 23) CEDAW welcomed the 2009-2013 National Multisectoral Strategic Framework against HIV/AIDS and Sexually Transmitted Infections and the Programme for Prevention of Mother-to-child Transmission of HIV.