Information on rape

	2014	2015	2016
Assistance received from organizations providing services to survivors
Victims in reported cases who received medical care	8 038	14 492	12 026
Victims in verified cases who received medical care	10 907	11 362	9 145
Number of rapes confirmed	3 833	3 239	1 767
Number of cases reported within 72 hours	430	1 683	1 363
Number of cases reported within 72 hours for which post-exposure prophylaxis kits were provided
Complete kits	–	1	46
Incomplete kits	–	0	5
Vaccinations against hepatitis B	–	1	0
Other treatment	–	0	113
Number of cases in which the survivor did not receive post – exposure prophylaxis kits and the reason why
Unavailability of kits	–	0	0
Refusal by the survivor	–	0	0
Refusal by the provider	–	0	0
Refusal by the family	–	0	0
Case involved severe injury	–	1	46
Other reason	–	0	0
Number of survivors who received the following services
Treatment	–	2	0
Interview/opportunity to recount what happened	–	0	161
Medical examination	–	0	162
Treatment of sexually transmitted diseases	–	1	155
Pregnancy prevention	–	0	0
HIV prevention	–	0	0
Prevention of sexually transmitted diseases	–	0	0
Treatment of injuries	–	0	6
Tetanus prevention	–	1	53
Repair of fistulas	–	1	1
Other treatment	–	0	0

Psychosocial care

	2014	2015	2016
Number of survivors who exhibited the following emotional responses
Sadness	–	863	152
Anger	–	179	18
Shame	–	244	79
Fear	–	218	48
Refusal to talk	–	54	3
Other reactions	–	16	76
Number of survivors for whom activities:
Ceased	–	589	109
Did not cease	–	169	149
Partially ceased	–	357	85
Number of survivors who received the following psychosocial care
Family counselling	–	152	–
Participation in support groups	–	718	–
Social mediation	–	295	–
Other support	–	84	–
Active listening	–	858	–
Number of survivors treated by:
Psychological assistants	–	5	152
Nurses	–	2	718
Mothers – NGOs	–	119	295
Doctors	–	18	84
Religious leaders/pastors	–	3	858
Other	–	37	152
Number of survivors who received a follow – up visit
Service received	–	2	–
Other reason	–	2	–
Not applicable	–	2	–
Present	–	161	–
Service refused by survivor	–	2	–
Survivor abandoned treatment	–	18	–
Service received	–	2	–
Not applicable	–	2	–
Service refused by survivor	–	2	–
Service not available	–	2	–
Other reason	–	2	–

Source: Ministry of Gender, Family and Children’s Affairs database, 2016.

Paragraph 10 of the list of issues and questions (CEDAW/C/COD/Q/8)

Explain what long-term strategies the State party has envisaged to tackle domestic violence against women and the impunity of perpetrators; for example, indicate whether it envisages the adoption of specific legislation to explicitly criminalize domestic violence and recognize marital rape as a separate crime in order to ensure the proper implementation of redress efforts; provide statistics on the number of complaints of and prosecutions for domestic violence on the basis of the statutory provisions of the Criminal Code and the law on the repression of sexual violence (Act No. 06/018 of 20 July 2006 amending and supplementing the Criminal Code); indicate any measures taken by the State party to ensure appropriate care for women who are victims of domestic violence, including the creation of shelters and counselling and rehabilitation services; and indicate what actions have been taken, in line with the Convention, to educate and inform the public, including traditional leaders, teachers, judges, defence and law enforcement forces, political figures and boys and men in particular, about the social impact and consequences of domestic violence in order to make such violence an unacceptable violation of human rights.

22.Domestic violence continues to be the hidden aspect of violence against women, since such cases are rarely brought before the courts. This is especially true for marital rape, which is not commonly recognized, the accepted social norm being that a man may use his wife’s body whenever he needs it.

23.In such an environment, raising awareness of domestic violence in order to change attitudes should take precedence over pursuing legislative measures.

Gender-based violence against women in conflict situations

Paragraph 11 of the list of issues and questions (CEDAW/C/COD/Q/8)

Indicate the budgets allocated to the action plans against sexual violence of the armed forces and the national police, as well as the monitoring mechanisms in place for their implementation; provide information on the systems in place to track progress in efforts to combat impunity for sexual violence perpetrated by members of the armed forces and national police officers; and indicate how many court-ordered judgments issued for reparation or compensation have yet to be paid to women and girls for crimes committed by State and non-State agents and the current plans of the Government to pay any outstanding judgments and remove barriers preventing women and girls from exercising their right to reparation.

24.There is no specific budget for victims of sexual violence committed by members of the armed forces and the police; however, the allocated funds relate to all judgments against the State for any harm done by its officials.

25.The gender focal points in the Ministry of Defence are responsible for ensuring continued progress on combating sexual violence. Within the Congolese National Police, that responsibility rests with the department on the protection of children and the prevention of sexual violence, under decree No. 13/017 of 6 June 2013 concerning the organization and functions of the headquarters of the Congolese National Police. Under article 14, paragraph 2 (3), of that decree, the department has a mandate to propose and monitor the implementation of measures related to combating sexual violence and protecting children.

26.A declaration of commitment to combating sexual violence was signed by the Armed Forces of the Democratic Republic of the Congo in the presence of the Special Representative of the Secretary-General on Sexual Violence in Conflict.

27.Nearly all judgments have entailed the award of damages, which have not yet been paid, to victims, as indicated in the table following paragraph 116 of the eighth report:

Statistics on civilian and military rape cases from 2014–2015 in the Democratic Republic of the Congo

		Cases received	Cases in progress	Convictions	Acquittals
Province	Jurisdiction	2014	2015	Total		2014	2015	Total		2014	2015	Total		2014	2015	Total
Maniema	Civilian	133	78	211	97	70	167	17	4	21	18	5	23
Military	13	10	23	2	3	5	6	7	13	3	0	3
Total		146	88	234	99	73	172	23	11	34	21	5	26
Sud-Kivu	Civilian	86	118	204	56	112	168	20	4	24	16	2	18
Military	31	15	46	20	6	26	5	7	12	6	0	6
Total		117	133	250	76	118	194	25	11	36	22	2	24
Nord-Kivu	Civilian	239	177	416	30	72	102	209	105	314	0	0	0
Military	90	28	118	3	12	15	68	22	90	9	4	13
Total		329	205	534	33	84	117	277	127	404	9	4	13
Katanga	Civilian	312	205	517	119	41	160	191	62	253	93	11	104
Military	27	4	31	21	4	25	6	0	6	0	0	0
Total		339	209	548	140	45	185	197	62	259	93	11	104
Kasai Occidental	Civilian	103	76	179	47	69	116	23	4	27	33	3	36
Military	3	8	11	0	3	3	2	2	4	1	3	4
Total		106	84	190	47	72	119	25	6	31	34	6	40
Kasai Oriental	Civilian	136	136	275	36	69	105	80	44	124	23	23	46
Military	9	8	17	1	4	5	7	1	8	0	1	1
Total		148	144	292	37	73	110	87	45	132	23	24	47
Bas-Congo	Civilian	419	338	757	112	160	272	256	144	400	51	33	84
Military	31	17	48	2	4	6	23	9	32	3	3	6
Total		450	355	805	114	164	278	279	153	432	54	36	90
Bandundu	Civilian	119	102	221	57	77	134	73	40	113	20	17	37
Military	6	7	13	1	1	2	2	3	5	3	3	6
Total		125	109	234	58	78	136	75	43	118	23	20	43
Kinshasa	Civilian	932	747	1 679	279	435	714	425	201	626	224	102	326
Military	56	57	113	20	48	68	18	3	21	18	7	25
Total		988	804	1 792	299	483	782	443	204	647	242	109	351
Orientale: Bunia	Civilian	207	177	384	64	112	176	76	46	122	63	16	79
Military	18	22	40	0	1	1	13	14	27	5	7	12
Total		225	199	424	64	113	177	89	60	149	68	23	91
Équateur	Civilian	76	65	141	19	10	29	14	5	19	7	10	17
Military	12	19	31	32	8	11	5	6	11	4	9	13
Total		88	84	172	22	18	40	19	11	30	11	19	30
Grand total		3 061	2 414	5 475	989	1 321	2 310	1 539	733	2 272	600	259	859

Source: Office of the Personal Representative of the Head of State on Sexual Violence and Child Recruitment.

Paragraph 12 of the list of issues and questions (CEDAW/C/COD/Q/8)

With regard to protecting victims and witnesses of sexual violence, provide up ‑ to-date information on measures taken, in particular legislative measures to ensure the formal protection of women human rights defenders and enable women and girls to provide testimony in criminal matters to the national authorities in safety and security; describe any protection guarantees; indicate what measures are planned to ensure that safe and timely assistance, including medical and livelihood support, is available to victims of sexual violence living outside the main towns; and indicate how the State party will ensure that the prevention of sexual violence is accorded priority in the next national gender ‑ based violence strategy and in the revised national action plans for the implementation of Security Council resolution 1325 (2000) .

28.As indicated in paragraph 65 of the eighth report, there has not yet been any significant change with regard to the protection of victims and witnesses of sexual violence.

29.The bill relating to the protection of human rights defenders is still under consideration by Parliament.

Paragraph 13 of the list of issues and questions (CEDAW/C/COD/Q/8)

Provide information on the efforts being made to control the circulation of small arms and light weapons, advance the normative framework thereon and regulate their trade, in line with General Assembly resolution 71/48 on the illicit trade in small arms and light weapons in all its aspects; indicate the ratification schedule for the Act on the Prevention, Control and Reduction of Small Arms and Light Weapons and their Ammunition, adopted by the Senate on 3 December 2013, the Central African Convention for the Control of Small Arms and Light Weapons, Their Ammunition and All Parts and Components That Can Be Used for Their Manufacture, Repair and Assembly, signed in 2010, and the Arms Trade Treaty; and explain how women’s organizations are included in decision-making, planning and implementation efforts relating to control measures for small arms and light weapons.

30.In November 2018, the National Assembly adopted a law authorizing the ratification of the Central African Convention for the Control of Small Arms and Light Weapons (Kinshasa Convention).

31.In March 2018, the Democratic Republic of the Congo adopted the national action plan on small arms and light weapons for the period 2017–2021.

32.In 2015 and 2016, the Government conducted activities to disarm armed groups, in collaboration with MONUSCO.

33.In January 2019, the process of collecting small arms continued, for example with the disarming of the Kamuina Nsapu militia in Kasai and members of the Force de résistance patriotique de l’Ituri.

Trafficking and exploitation of prostitution

Paragraph 14 of the list of issues and questions (CEDAW/C/COD/Q/8)

Describe the status of the draft bill on combating trafficking in persons and provide information on the prevalence of such trafficking and the exploitation of prostitution of women and girls, indicating trends and patterns, as well as data on the number of investigations, prosecutions, convictions and sentences imposed on perpetrators; and describe the protection services available and reparations provided to victims and give information on the social services and exit programmes available to women who wish to leave prostitution and the measures taken to reduce demand for prostitution.

34.The Government plans to resubmit the draft bill on combating trafficking in persons to Parliament for adoption, given that a new legislature was established following the elections of 30 December 2018.

Participation in political and public life

Paragraph 15 of the list of issues and questions (CEDAW/C/COD/Q/8)

Indicate whether the State party intends to amend the law on the organization of presidential, legislative, provincial, urban, municipal and local elections, specifically article 13 (3) thereof, to make gender parity on the electoral lists of political parties binding and, if it does, how this requirement will be implemented; indicate how the State party implements its obligations under article 4 of the Convention, which states that temporary special measures to accelerate the establishment of de facto equality between men and women are not considered to be an act of discrimination, in the light of the decision of the Constitutional Court of 24 January 2014 that quotas for the representation of women in political and administrative fields are unconstitutional; provide information on the implementation of article 3 (5) of Act No. 08/005 of 10 June 2008 on the financing of political parties, which stipulates the conditions for access to public funding for parties that apply parity in the establishment of their electoral lists.

35.An amendment to the electoral law is not currently envisaged.

36.The Democratic Republic of the Congo complies with the obligation under article 4 of the Convention by making parity a requirement, as provided for in the Constitution.

Paragraph 16 of the list of issues and questions (CEDAW/C/COD/Q/8)

Respond to the allegations of the arbitrary detention and torture, including sexual torture, by State actors of women, including but not limited to those targeted for their own or others’ involvement in political or human rights activism, and indicate whether there are investigations into such allegations going on; provide information on prolonged and unexplained detentions and indicate any procedures or guidelines on administrative detention, arrests or imprisonment, and whether there is any compensation or redress for wrongful detention; explain how the State party intends to ensure that the bill to protect human rights defenders currently pending in Parliament fully complies with relevant regional and international norms and standards, including the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms.

37.The Government has not been informed of the allegations of arbitrary detention and torture detailed in the document. Nevertheless, with regard to efforts to combat sexual violence, in the Democratic Republic of the Congo, cases of sexual violence committed and brought to the attention of the judicial authorities are investigated, judicial proceedings are conducted and convictions are handed down by the competent courts.

38.Efforts are under way to align the bill on the protection of human rights defenders with relevant regional and international norms and standards, including the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms.

Education

Paragraph 17 of the list of issues and questions (CEDAW/C/COD/Q/8)

Provide information on the gender parity index for secondary and tertiary education and on educational attainment levels for girls and boys; describe the measures taken to increase access by women and girls to secondary and tertiary education and to tackle discrimination relating to pregnancy and gender-based violence, in particular sexual violence, faced by students in educational environments; provide up-to-date information on the State party’s expenditure on education for the preceding years, disaggregated by sex; and describe the measures taken to implement mechanisms for reporting sexual exploitation in schools, as well as measures to educate the public about girls’ rights at school.

Gender parity index:

39.Secondary education (school year 2013/14): 0.6

40.Higher education and university (academic year 2014/15): 0.49

41.With regard to measures taken to improve women’s and girls’ access to secondary and tertiary education, and to combat discrimination relating to pregnancy and gender-based violence, the Government draws attention to the answers provided in its report CEDAW/C/COD/8, paragraphs 7 and 25.

Employment

Paragraph 18 of the list of issues and questions (CEDAW/C/COD/Q/8)

Indicate what measures are being taken to facilitate women’s access to employment and credit and to enhance opportunities for women to enter the formal employment sector and to eliminate the gender pay gap in both the public and private sectors; explain what measures are available to guarantee or facilitate access by women, especially those working in the informal sector, to legal protection and social security; and explain how the State party will implement and control the application of article 28 of the Mining Code on the prohibition of trade in, or exploitation of, mining products from a site at which a violation of human rights, including women’s rights, has been established by a competent authority.

42.The issue of women’s access to employment is taken into account in the national policy for employment and vocational training. One of the aims of that policy is to promote the employment of young people, women and vulnerable persons in order to foster sustained, inclusive and sustainable economic growth for all by 2030.

43.The Government is setting up a commission for social security reform with a view to ensuring that workers in the informal sector are taken into account and liberalizing the sector for private companies, which offer greater opportunities for universal coverage.

Health

Paragraph 19 of the list of issues and questions (CEDAW/C/COD/Q/8)

Indicate the measures taken to implement the Protocol to the African Charter on Human and People’s Rights on the Rights of Women; indicate the measures taken to decriminalize abortion, the prevalence of which is estimated at 30 per cent and which is one of the key causes of maternal mortality; and provide information on the impact of the national reproductive health programme on the health of women and girls.

44.The information provided in the eighth report is also relevant to the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa.

45.The issue of the decriminalization of abortion is not yet being addressed.

Rural women

Paragraph 20 of the list of issues and questions (CEDAW/C/COD/Q/8)

Indicate what steps the State party has taken to allocate sufficient funds for initiatives that promote access to land and inheritance for women and ensure the overall legal protection of women’s economic rights, such as the reform of inheritance laws and the training of local chiefs and land distributors on the importance of land rights for women; explain how taking into account gender ‑ specific needs in all development programmes has improved poverty levels for women; and provide information on the steps taken to ensure that rural women have better access to social security benefits, health services, education, electricity and income-generating opportunities, including access to markets.

46.All concerns with respect to rural women are being addressed through the implementation of rural development programmes, such as the governance programme for agriculture, gender and human and institutional capacity-building.

47.With regard to inheritance law, there is equality between men and women under the law, although the changing of attitudes remains a challenge.

Paragraph 21 of the list of issues and questions (CEDAW/C/COD/Q/8)

Indicate which communities have specific gender programmes on community forestry.

48.These programmes are being implemented throughout the Democratic Republic of the Congo.

Marriage and family relations

Paragraph 22 of the list of issues and questions (CEDAW/C/COD/Q/8)

The Committee takes note of Act No. 016/008 of 15 July 2016 amending and supplementing Act No. 010 of 1 August 1987 on the Family Code, which prohibits polygamy and early marriage. It also takes note of the action plan to end child marriage (para. 57). Please state whether this effort has reduced the prevalence of child marriage. Please indicate steps being taken by the State party to make traditional leaders aware of the importance of eliminating discriminatory practices such as early marriage, polygamy and levirate marriage.

49.The national action plan to end child marriage, adopted on 16 June 2017, has not yet been implemented. The Government, with the support of the United Nations Children’s Fund (UNICEF), is currently translating it into operational plans that can be implemented in each province, tailoring it to local realities. In any event, its implementation requires the mobilization of substantial financial resources.

50.Traditional leaders are always included in awareness-raising activities on women’s rights, such as the dissemination of the amended Family Code of 15 July 2016. Traditional leaders invited to participate in these activities disseminate the message among their peers.