Democratic Republic of the Congo Democratic Republic of the Congo: Initial Report and Periodic Reports 1 to 6, 1997-2001

Periodic Report

Period Covered:1997 - 2001
Date Submitted: 3 May 2002
Session Considered:31st Ordinary Session
2 - 16 May 2002. Pretoria, South Africa

Concluding Observations

Adopted at 34th Ordinary Session, 6 - 20 November 2003, Banjul, Gambia.


Recommendations

V - Recommendations

The African Commission recommends that the Government of DRC should:

22- Expedite the consolidation of the Peace Process so as to demobilise the numerous armed groups and integrate the various armies of the components of the Transitional Government into a single army so as to assume control and responsibility over the entire territory of the DRC;

23- Take urgent measures in conjunction with MONUC to stop the fighting in the Eastern Districts so as to ensure the security of people in those areas;

24- Take steps towards ensuring the protection of the rights of the Pygmy/Batwa people in the whole territory of the DRC and move particularly to stop the serious violations of the rights of these people in the Eastern Districts. In this regard, the Government is urged to put in place as quickly as possible legislation recognising the rights of the Pygmy/Batwa people;

25- Take urgent and concrete measures to complete the promulgation of the new constitution for the Republic as well as other laws for the implementation of the rights under the Charter so as to enable all its people to enjoy the rights under the Charter;

26- Pay particular attention, in drafting the new constitution, to those provisions relating to the protection of the independence of the judiciary as the judiciary is not only a fountain of justice but also the key to adequate protection of human rights;

27- Take all appropriate measures to protect the rights of the child by ensuring disbanding and prohibition of child soldiers. Such measures should include programmes for the rehabilitation of the former child soldiers;

28- Expedite the submission of its 9th periodical report due on 20 July 2005 so as to update the Commission on the success of the peace process and new laws and programmes undertaken to ensure adequate protection of the rights under the Charter; and

29- Inform the African Commission, in its next Periodic Report, of the steps it has taken to address the areas of concern, as well as how it has implemented the recommendations in this Concluding Observations.

Adopted at the thirty-Fourth Ordinary Session of the African Commission on human
and Peoples’ Rights held from 6 to 20 November 2003, in Banjul, The Gambia

The Report covers the human rights situation mainly from May 1997 to ​December 2001. It contains nine chapters, dealing with:
  • the general situation in the country
  • the legal system and institutions
  • the National Human Rights Conference
  • major domestic legal documents
  • major regional and international human rights instruments to which the DRC is a Party
  • measures taken to ensure the protection of rights protected under the Charter
  • Efforts deployed by the Government to improve the living standards of Women, children and other vulnerable groups
  • relations between the Government and human rights NGOs
  • the DRCs compliance with the provisions of the Charter in the conduct of its relations at the African and international levels
and a Conclusion.

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