STATE PARTY EXAMINATION OF DEMOCRATIC REPUBLIC OF THE CONGO’S SECOND PERIODIC REPORT

STATE PARTY EXAMINATION OF DEMOCRATIC REPUBLIC OF THE CONGO’S SECOND PERIODIC REPORT
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50TH SESSION OF THE COMMITTEE ON THE RIGHTS OF THE CHILD
12 – 30 JANUARY 2009
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Contents

Opening Comments 1
General Measures of Implementation 2
Definition of the Child 3
General Principles 3
Civil Rights and Freedoms 4
Family Environment and Alternative Care 5
Basic Health and Welfare 6
Education, Leisure and Cultural Activities Education 7
Special Protection Measures 8
Concluding Remarks 10

The Democratic Republic of the Congo ratified the Convention of the Rights of the Child (CRC) on 27 September 1990. On 21 January 2009, the Committee on the Rights of the Child (the Committee) examined the Congo’s second periodic report.

Opening Comments

Mr. Upio Kakura Wapol, Minister of Human Rights and Head of the Delegation, reaffirmed the Democratic Republic of the Congo’s (DRC) commitment to maintaining a constructive dialogue with the Committee despite the political and economic environment created by ongoing conflict in the east. The government had included amongst its priorities the protection of fundamental rights and liberties, including the rights of the child. Mr. Wapol informed the Committee that the DRC passed the law 09/001 on 10 January 2009 to further develop child rights protection measures.

In addition, he noted that the DRC has made considerable efforts to ratify the majority of international regional conventions and had adapted national legislation to meet international standards on the protection of children. For example, the government had defined a child as any person, regardless of gender, who had not yet reached the age of 18. The National Council for Children was reformed to improve its performance and there has been a consistent increase in the number of registered births.

The government put more resources into sectors that work for the well being of children, and had a national strategy to prevent family breakdowns and to help with reintegration post-separation. They innovated their action plans and legislation to better combat abuse, in particular against children accused of witchcraft. In the field of education, there was a new national policy to support both the education of all children, especially girls, and the rebuilding and maintaining of new schools. The budget allocated for education had risen from 3% in 2004 to 7.8% in 2007 and 8.2% in 2008. Moreover, there were wide-ranging reforms in the field of juvenile justice and additional courts were built for children. Mr. Wapol, nevertheless, expressed frustration that efforts made in the field of child rights had been partly undermined by the resurgence of war, whose first victims were women and children.

Ms. Khattab, one of the Country Rapporteurs, thanked the delegation for both its commitment to attend the meeting and for its self-critical report and written replies that helped set the stage for constructive dialogue. She recognized the many positive steps taken in the field of child rights, including the implementation of some previous concluding recommendations. However, she expressed concern about the impact of the armed conflict on both children and the realization of the Millennium Development Goals (MDGs), and requested stronger political will on behalf of the government to implement the CRC. Ms. Khattab asked about the extent to which current problems caused by war would detract from the attention children deserve, considering the many issues young people face. In regards to education, student enrolment was low and the quality of education-poor.

Children faced challenges in accessing health services, too. Ms. Khattab was also concerned with resources for children, and noted that the DRC was quite popular with international donors. Ms. Khattab asked about the power held by the Ministry of Gender and whether the government collaborated with the human rights monitoring centre. She made a final comment on the issue of non-discrimination, as girls and children with disabilities face heightened challenges.
Ms. Khattab asked a number of questions regarding, among others, preparation of the state party report, education, resources for children, the role of the national human rights monitoring centre and non-discrimination.

The Co-Rapporteur, Mr. Filali, also acknowledged the tremendous consequences of the war in the east. He asked about how new laws on child protection actually impacted the child and whether new laws override previous ones. He remarked that the government would need a substantial budget and mechanisms to support the implementation of new policies. Mr. Filali also inquired about the new draft law on families and children and when the delegation thought it would be adopted. Regarding birth registration, he noted that they had gone down in the past year and asked the efforts taken by the government to address the issue.
General Measures of Implementation

Legislation

The Committee enquired about the steps taken to ratify international standards relevant to children, such as the International Convention on the Rights of Persons with Disabilities and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. In addition, the Committee asked if, in general, the DRC and particularly judges recognized the precedence of international instruments over domestic law and whether all judges were aware of new laws. The delegation replied that in regards to awareness of new laws there were several official gazettes that disseminated the contents of the law. The Committee also requested more information on the new child protection law, why it took so long to pass, and whether there was a specific budget to implement it.

Dissemination

The Committee asked if it would be possible to ensure that everyone in the country, from government administration to families, could be made more aware of the urgency of child rights in all matters. The delegation used the recent child rights protection law, passed on 10 January 2009, as an example of how information about laws was disseminated. An official gazette published the full text of the law, and the majority of conventions and international agreements related to human rights were published there. Since not everyone had access to official gazettes, there was an awareness campaign run by the Ministry of Justice that put laws into more “everyday” language, so that people could better understand their rights.

Data Collection

The Committee noted that the state party report mentioned that the National Council for Children was responsible for data collection through the provincial councils for children. It enquired whether there was a national organisation for statistics, and if so, how they were collecting data on children, and whether proper authority and resources were present. The Committee also asked if they had sought any assistance from UNICEF for organising data collection on children.

Resource Allocation

The Committee appreciated that ongoing war had hindered the equal allocations of the budget for health and social welfare. For example, in 2004 10% of the national budget was intended for education, but only 3% was spent in this field. The Committee asked if these expenditures had been increasing over the years, and how spending was conducted (through NGOs, central government, local government, etc.). They also asked if there was a special mechanism for tracking budget expenditures. The delegation responded that in regards to tracing the budget, there was an oversight mechanism in place, including an Inspector General of Finances, to check where money was allocated. It further expanded on collaboration between state parties and NGOs, and explained that there was a list of 16 NGOs who received grants and subsidies from the government in 2007. These NGOs worked with children and needed special protection. This process was overseen by the Ministry of Social Affairs. There was direct support given to select NGOs in the form of grants, which were included in the state budget as well as from bilateral and multilateral support.

The Committee also asked if a proportion of the funds received through international aid were set-aside for children. If so, it requested further information on the follow-up mechanism for the funds allocated to children’s causes. It also asked if it was difficult to get the government to listen to, and subsequently fund, child rights issues.

The decision to allocate resources was an important political decision. In 2007, the government paid 80 US cents for health per capita when you need over 7 USD. It enquired if it was hard for the Minister to obtain resources for children.

Definition of the Child

The Committee was confused about contradictions in different pieces of legislation that set up the age of minors. Article 41.1 of the Constitution (and paragraph 66 of the state report) stated a child was anyone under the age of 18, but the age of criminal responsibility seemed to be set at 16. Article 34.44 of the family code set the age at 16, while the law on sexual violence said 18. In addition, the Committee noted that the age of employment had been raised to 16, but that the age for education needed to correspond to this new age of employment.

General Principles

Best Interest of the Child

The Committee commented that the state report did not pay sufficient attention to the best interest of the child, which was essential in judicial, administrative and legislative proceedings. It requested examples of how the best interest of the child was ensured in the judiciary, budgeting or developing programmes for children. It was fundamental, considering nearly half of the population was under the age of 18.

Independent Monitoring

The Committee asked if the monitoring centre, which was reported to be virtually non-existent, was still functioning and whether it was truly independent and in line with the Paris Principles and CRC General Comment 2. It also enquired about the existence of a complaints mechanism for children whose rights had been violated. The children can go through the usual legal procedures, or complain directly to the Ministry of Gender, either alone or through NGOs. There was also the CNEN which could deal with complaints. The delegation pointed out that there was a campaign to make people aware of processes to be followed and open-door days when the Ministry went to communities to explain how to use these file a complaint.

The Committee asked if the DRC would consider using hotlines for children’s as a monitoring mechanism. The delegation agreed that hotlines would be an efficient and independent way to handle children’s complaints.

Child Participation

According to the State Party report, there were children’s committees at different levels in the administration, which was the result of a Ministry of Social Affairs measure (2001) that implemented a programme for child participation. It appeared that these committees were scarce and only got together for certain special occasions. The Committee requested more information on child participation.

Privacy and Access to Information

The Committee asked about the right to privacy, which seemed to be subject to arbitrary and illegal interferences. It also enquired about the potential role of the government in resolving this issue. Furthermore, the Committee noted that children should receive as much “good” information as possible and conversely should be protected from harmful information, especially through the mass media. It asked for clarifications on this issue. The delegation commented on neither of these questions.

Civil Rights and Freedoms

Birth Registration

The Committee was concerned by the low level of birth registration and the fact that it had decreased from 34% in 2004 to 31% in 2007. It asked what happened to unregistered children, including if they were subjected to the law in different ways. It also enquired whether unregistered children had equal access to education and health. The delegation replied that there were ways of proving the existence of children other than official registration, though it remained a very real problem. For this reason, they had tried to improve the ease with which parents could register their children, such as through local services. They assured the Committee that birth registration had no bearing on the right to education and health.
Another issue raised by the Committee was the extent to which the law pertaining to free birth registration was enforced and how the state ensured that underpaid civil servants who signed the register, correctly performed their work and did not charge extra costs. The delegation clarified that the first birth certificate issued was free, but that there was a duty stamp to be paid for administrative reasons. They were working with partners such as UNICEF to innovate the registration programme for children who were not previously registered. One change was that there was a grace period for registering newborns, so that children who were not registered within the 30-day period-now 90 days-could still be registered.
Torture, cruel, inhuman or degrading forms of punishment
The Committee noted that there was no definition of torture in the penal code and that the government intended to incorporate one into the new draft law on child protection. It asked if they were using the definition of the Convention Against Torture, which the DRC had ratified. The delegation responded that in the new draft law, torture would become a specific criminal offence. In the framework of the law on child protection, torture was defined as any act causing physical or psychological harm on a person in an attempt to make them produce more information. The Committee asked if sorcery was included in the definition of torture in the penal code, which the delegation did not directly address.
The Committee further enquired if, in accordance with the new law, children were able to bring to justice persons who accused them of witchcraft, including parents, pastors and other perpetrators. The delegation responded that the new law was designed to set up children’s courts, but in the meantime, civil courts and “justices of the peace” were responsible for the cases.

Family Environment and Alternative Care

Separation from families

The Committee was concerned about the increasing trend in the number of children designated as witches. It noted that over 70% of street children had been separated from their parents and thrown into the street following witchcraft accusations. Once parents accused their children of such practices, they were forced into church centres where pastors used extreme forms of mistreatment under the pretext of exorcising children. The Committee asked if there was a strategy to support and monitor parents and children to prevent these problems as well as copy with the root causes of poverty, HIV/AIDS for which these children were blamed and which led to separation from families. They also enquired if there was a strategy regarding strengthening families to ensure that support was provided through communities and how it was intensifying public education and awareness among parents, church leaders and community leaders on the real reasons for poverty, diseases and other phenomena (rather than assumed witchcraft).
The delegation said that campaigns had been conducted with church preachers to combat witchcraft and that the government was committed to continuing to tackle the problem. There was a new law that contained penal measures and sanctions against parents involved in this kind of stigmatisation of children. The law included a 200,000 Congolese Franc administrative fine and imprisonment sentences.

Mistreatment and Institutions

The Committee was struck by the lack of information on alternative care in the state report, and requested more information on how many cases of maltreatment in adoptive families, foster homes and institutes had arisen and who dealt with such cases. It also asked about the number of children in institutions and the number of institutions in the country and whether family-based ones existed. It requested detailed information on the number of state-run and privately run institutions and whether they were overcrowded. The delegation explained that there were only state orphanages in the northeastern provinces, but that it needed to establish more because of the many orphans of war. They were trying to work out how to set up more orphanages as quickly as possible.

The Committee further enquired about who trained and monitored the work of institutions, who determined that a child should be sent there, and who monitored the situation of the child. The delegation replied that the government monitored private orphanages and UNICEF was registering the centres in conjunction with the state to have a better idea of the children in the institutions. In December 2008, the state sent representatives to orphanages to investigate conditions, but they were unable to do that in all areas of the country and they needed to be more effective to get better systematic information.

Adoption

The Committee requested information on any potential changes to adoption laws and whether the government had considered ratifying the Hague Convention on Inter-Country Adoption. The delegation responded that it saw nothing in the way of ratifying the convention. The Committee then asked which organ would be the central authority in charge of adoption. The delegation explained that it would be the Ministry of Justice.

Basic Health and Welfare

The Committee commented that the health budget was increasing until 2007, but had dropped in 2008. One of the indicators of the poor health care system was the fact that one in eight children died within their first year of life and maternal mortality rates were high. It asked about the measures in place to combat this serious issue, and the reasons for the apparent lack of effectiveness. The delegation responded that they were addressing water sanitation and hygiene, and in collaboration with UNICEF, 1,946 latrines, over 370 wells, and 234 water collection points had been built.

The Committee observed that HIV/AIDS cases continued to increase despite national programmes to combat it. It enquired about the measures in place to address HIV/AIDS. The delegation explained that they had awareness raising campaigns in youth centres, and that HIV/AIDS trainers were being used (39.6% of trainers were women). In addition, 1,280 people had received treatment in youth centres for sexually transmitted infections and 39 women who were victims of sexual violence had been assisted. Over 9,000 condoms had been distributed through the campaign, and 500 female condoms were distributed by young people themselves.
Another serious health issue was the prevalence of malnutrition among children. The delegation responded that the government had recommended regular consumption of iodised salt. The number of households to follow this recommendation rose from 72 percent in 2005 to 97 percent in 2007. In May 2008, over 11 million children were given the essential nutrient Vitamin A and over 9 million children were de-wormed.

The Committee noted that there were more than 900 health care centres, but only 31% of children under the age of 5 had all the vaccinations available for preventable diseases. Given that poor sanitation and water conditions threatening health as well, the Committee asked how the government intended to address this situation and what kind of external assistance might be needed. The delegation replied that the number of health centres had greatly increased and the health care services had improved. However, many displaced children were unable to access the services, despite the fact that special units were set up for people in the conflict zones. Healthcare workers faced security threats in conflict zones, too. The Committee remarked that the government had to commit a strong political will to ensure the right of health and access to education of disabled children

Education, Leisure and Cultural Activities Education

The Committee regretted the absence of a representative from the Ministry of Education, but commended the DRC for its efforts to increase enrolment. However, as primary schools were not free, poverty and insecurity continued to hinder children’s ability to go to school. In addition, many schools were in a deplorable state without materials, sanitation and transportation to school. Teachers were not regularly paid, many girls were unable to attend, and there were a number of regional disparities among schools. With this in mind, the Committee asked if there was a detailed plan to increase enrolment and wanted information on specific measures and time bound goals, and established evaluation and monitoring ideas. The Committee asked if school could be free of direct and indirect costs and if school initiatives ensured that they were protected zones of peace. The delegation replied that, as stated in their report, the government was adopting laws and implementing decrees to make education universal and compulsory. In 2007, the government established a national fund for the promotion of education on the basis of a presidential decree. The educational figures were encouraging. For instance, about 460,000 children between the ages of three and five were attending educational institutions. However, preschool was only available in major cities, and most of the population of this age were from poor families which could not access this type of education.

The Committee enquired about the factors preventing girls from attending school. The delegation explained that they had a campaign to strengthen education for girls, which had been relatively successful. There was equal enrolment between boys and girls at pre-school age. For 2006-2007, there were about 472,000 children enrolled in early childhood institutions, 88,000 of which were girls.
The Committee asked about the student-teacher ratios and teachers’ salaries. The delegation responded that for 2006-2007, on average, there was one teacher for every 38 children. There was also a ratio of 1:1 for boys and girls of preschool age enrolling in early childhood institutions, with over 160,000 children in preschool. Teachers were part of a new government policy to receive high salaries, though there was still the problem of indirect costs in schools. The government had improved its system of paying only officials and civil servants who work well, and the delegation said there was overall better access to schooling, notably for girls. School kits were distributed to help lessen the burden of indirect costs on parents.
The Committee enquired about the inclusion of human and child rights education at school. The delegation said peace education initiatives were conducted on an ad hoc basis, with the aim of bringing hope for peace and security to children. Funds were available from the government and other development partners, but that the only lasting solution would be to end conflict permanently.

In light of the decision to raise the minimum age of employment to 16, the Committee enquired about the age of schooling and asked what children were expected to do if they had been working and had to attend school at the same time. The delegation did not respond to this particular question.

Special Protection Measures

Sexual violence
The Committee enquired about existing measures to counter traditional beliefs about gender equality and other national plans to combat sexual violence. The delegation agreed that sexual violence was a reality, particularly in the eastern part of the country. Because of the disturbing consequences of sexual violence, the Ministry of Gender, Family and Children and its partners had developed several interventions to safeguard women and children’s rights. The delegation outlined an awareness raising campaign, involving protests, television advertisements and publications. Another area of intervention was to strengthen mechanisms for protecting women and children. The delegation explained that preparatory work was under way to breathe life back into the National Council for Children, particularly through using permanent bodies, to ensure that issues were understood at a local level. The delegation noted that magistrates and lawyers needed better training on matters of sexual violence and that there was a need for more women in the legal workplace. There was an ongoing training programme in place. However, the DRC needed support from the international community in implanting campaigns against sexual violence, as the government’s efforts would not be enough to see quick results.

Refugee and internally displaced children

The Committee enquired about programmes for children who were heads of household among the refugee and internally displaced population. In particular, it was interested in measures to protect refugee and displaced children against threats, extortion and sexual violence. The delegation responded that many social services had not reached displaced children. There were enough medical staff, for example, but because of the scale of ongoing violence in the region it was difficult to reach children.
The Committee noted that refugee children were known to receive aid from UNHCR and that they were able to attend school, but wanted clarification on how internally displaced children were supported. The delegation explained that the current situation was the result of creating a humanitarian corridor by Turkish troops, when the country had accepted to open its borders to 1 million persons at threat in their home country. It considered that perhaps humanitarian corridor could be reopened to allow the refugees to return home and provide an opportunity for armed groups to leave.

Street children

The Committee asked about measures taken to prevent street children from being tortured or killed. In addition, they asked why, in light of overcrowded, poorly kept centres of detention, the police continued to arrest these children. The Committee referred to reports indicating that street children were detained, often with potentially threatening adults, and then released without charges. The delegation responded that with the help of NGOs it was carrying out activities aimed at helping street children. One example was a controversial attempt to try and take the children to other provinces so they could be less tempted to go back to the streets, but the government was ultimately more inclined to support development NGOs, along with UNICEF, in trying to solve this problem. The Committee asked if it was possible to take children back to their families instead bringing them to other parts of the country (if rehabilitation procedures were in place to assist the families in the process). The delegation agreed that this would be ideal, and that efforts had been made by the government, religious organisations, and NGOs to reunite families. However, this had proved to be a difficult task, in part because children got into dangerous situations on the street.

Juvenile justice

Although a new law set the age of criminal responsibility at 18, the Committee recounted that there was resistance among judges who preferred a 1978 law stating the age of criminal responsibility at 16. The delegation responded that the age of criminal responsibility of 18 was no longer a controversial issue in courts. The Committee also commented on the slow criminal proceedings, which could be harmful for youths when there was a lack of qualified staff. The Committee asked what was provided under the law to overcome this problem and cut down on the backlog of cases. The delegation replied that the law outlined a two-year deadline of the establishment of operational youth courts, and that there was a mediation mechanism for matters that could be settled out of court.

The Committee also raised the issue of the lack of detention facilities for children, which meant that many of them stayed in police stations or were placed in adult detention centres. Moreover, there were no social workers in prisons to ensure juveniles did not stay there too long and had their special needs addressed. The Committee asked whether under the new child protection law there were sufficient financial and human resources to set up an effective juvenile justice system, and how long it would take for the new law to be implemented. The delegation did not respond sufficiently.

Economic exploitation

The Committee enquired about the welfare of working children, particularly those working in mines. The delegation replied that some initiatives had been developed to work on these difficult issues. The state party was collaborating with the International Labour Organization (ILO) and other international bodies to obtain funds for mining areas, with a focus on reintegrating children into school. The delegation also recognised that establishing local schools did not completely resolve the problem, since children worked to fight against extreme poverty. They were therefore working on developing other programmes that create income-generating opportunities to help families generate sufficient income.

Trafficking

The Committee mentioned that a recent report stated that children continued to be abducted by armed groups, and requested more information on this situation. It also asked if any bilateral or trilateral talks were taking place to deal with trafficking issues. The Committee enquired about evidence of cross-border trafficking, and asked if these cases were followed and if there were programmes of repatriations for these children. The delegation did not respond to this question sufficiently.

Armed conflict

In 2007, the United Nations SRSG for Children and Armed Conflict visited the DRC and made a set of recommendations . The Committee enquired whether the government had taken any action to follow-up on her recommendations. It also asked if the state was doing anything to prevent militias from recruiting children, and if they had any examples of perpetrators being prosecuted for such cases. The delegation responded that there had been progress recently, because the national armed forces had taken steps to ensure there were no more child soldiers fighting for the army. However, child soldiers remained in militias. One issue was that there were not enough magistrates, particularly in rural areas, and therefore it was difficult to deal with crimes that do occur. The state contacted the human rights office investigated the situation and helped take legal action against perpetrators. The delegation referred to the August 2008 events carried out by the Armed Forces in Goma where reportedly some children were raped and others killed, and said that the perpetrators responsible for those crimes against women and children had received serious sentences.

The Committee also noted that even when children were removed from armed forces, they were not necessarily demobilized, rehabilitated and reintegrated into the community. The delegation responded that they had a plan to closely monitor the situation of children, but that as long as the armed conflict continued, the government would be unable to prevent the recruitment of child soldiers by armed groups out of its control. The Committee heard the delegation enumerating the devastating and continuous cases of abuses against children, including rape of children as young as three month old, the infection of children with HIV/AIDS and numerous cases of young and abandoned teenage mothers. The delegation reiterated the urgency of joining the efforts of all partners and collaborating to deal with the war and recruitment of child soldiers.

Concluding Remarks

Ms. Khattab expressed her appreciation for their cooperation and transparency. She suggested that a strong body be set up to direct children’s issues, and that it was important to raise awareness of laws, to train professionals on its implementation, and to allocate funds to such activities. Furthermore, Ms. Khattab recommended the DRC empower provinces and give them more resources. She noted that prohibiting discrimination was essential and that every child needed to be registered at birth. She asked that schools be kept safe from armed forces and that hidden costs be eliminated and teachers’ salaries improved. Children working in mining areas needed attention and assistance to reintegrate them into school, especially children in the Katanga region, as well as children who escaped from the armed forces. Ms. Khattab assured the delegation that once their plan was materialised, the DRC would receive further assistance from the international community.

The Head of Delegation, Mr. Wapol, thanked the Committee for their dialogue and stressed that the government was committed to implanting their obligations under the CRC. While some of the Committee’s recommendations were addressed in the new child protection law, others would require further attention.