COMMITTEE ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN REVIEWS THE REPORT OF THE REPUBLIC OF THE CONGO
The Committee on the Elimination of Discrimination against Women today considered the seventh periodic report of the Republic of the Congo on its implementation of the provisions of the Convention on the Elimination of All Forms of Discrimination against Women.
Inès Nefer Bertille Ingani, Minister for the Promotion of Women and Women’s Integration into Development of the Republic of the Congo, introducing the report, said that the referendum on and the enactment of the new Constitution in 2015 had strengthened gender equality in access to public, elected, and administrative posts, resulting in the 24 per cent representation of women in the Government, which had never been achieved before. The country was taking specific measures to combat discrimination against girls in education, including through the national strategy for the education of girls adopted in December 2017, and the sectoral education strategy 2015-2025, which comprehensively addressed problems identified in the national education sector. Several years ago, the Minister continued, the Republic of the Congo had initiated, with the European Union’s support, the review of its laws, ushering in a new era in the improvement of the legal status of women. Without losing sight of the country’s customs and traditions, the rights of widows were being strengthened, and the ongoing review of the 2010 Child Protection Code would reinforce the protection of the girl child. The new-found peace in the department of Pool was a costly one, the Minister remarked, but it had led to the cessation of hostilities, which was essential because without peace, there was no development.
In the discussion that followed, Committee Experts recognized the challenges that the Republic of the Congo was dealing with, including those related to the recent conflict in the department of Pool, and commended efforts to address violence against women, the establishment of special gender-based violence units in each police station, and the setting up of a help line for the victims of gender-based violence in particular. There was a significant delay in the enactment of laws revised during the recent legal reform, the continued existence - 36 years after the ratification of the Convention – of a number of laws from the colonial times which seriously discriminated against women, and the absence of a comprehensive definition of discrimination against women from the country’s laws. Speaking on women’s access to justice, Experts stressed the need to strengthen the functioning of mobile courts, expand legal aid, and address judicial corruption. The persistence of adverse cultural norms and harmful practices, patriarchal attitudes, and negative stereotypes fuelled discrimination against women, Experts said, urging the country to adopt the draft law on domestic violence and ensure sustained and institutionalized awareness raising programmes aimed at changing societal attitudes. Women’s health was discussed, with concerns raised about the barriers to access to quality health services in rural areas, very high maternal mortality rates of 442 per 100,000 live births, and the prohibition of abortion which often led to clandestine procedures with serious complications for women.
In concluding remarks, Ms. Bertille Ingani said that all the Committee’s proposals would be addressed with full vigour and thanked the Experts for the battle they were waging to combat discrimination against women.
Dalia Leinarte, Committee Chairperson, commended the Republic of the Congo for its efforts and encouraged it to address various recommendations, which the Committee would issue with the purpose of the more comprehensive implementation of the Convention throughout the State party.
The delegation of the Republic of the Congo was composed of the representatives of the Ministry for the Promotion of Women and Women’s Integration into Development, Ministry of Public Functions, State Reform, Work and Social Security, and the Permanent Mission of the Republic of the Congo to the United Nations Office at Geneva
All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. The webcast of the Committee’s public meetings will be available via the following link: http://webtv.un.org/meetings-events/.
The Committee will reconvene at 10 a.m. on Thursday, 25 October to consider the sixth periodic report of the Bahamas (CEDAW/C/BHS/6).
Report
The Committee is considering the seventh periodic report of the Republic of the Congo (CEDAW/C/COG/7).
Presentation of the Report
INÈS NEFER BERTILLE INGANI, Minister for the Promotion of Women and Women’s Integration into Development of the Republic of the Congo, introducing the report, presented the trends in the situation in the Republic of the Congo in terms of combatting discrimination against women, emphasizing women’s participation in public and political life. This had begun in earnest following the referendum and the enactment of the new Constitution in 2015, which had strengthened gender equality in access to public, elected, and administrative posts. The Women’s Advisory Council had been set up by the organic law of March 2018, with the mandate to advise the Government on matters of women’s integration into development, while the national programme for women’s leadership in public and political life 2017-2021 had been elaborated with the support of development partners. The number of women in the Government had increased from eight to 34, a 24 per cent representation which had never been achieved before.
The right to education for all was enshrined in the Constitution, the Minister continued, and said that specific measures to combat discrimination against girls in education included the preparation, in cooperation with the United Nations Children’s Fund, of a national strategy for the education of girls, adopted in December 2017. The sectoral education strategy 2015-2025 represented an inclusive educational policy which comprehensively addressed problems identified in the national education sector. The strategic framework for the fight against HIV/AIDS and sexually transmitted diseases was in place since 2014, and contained a project to prevent the transmission of HIV from mother to child. Three screening centres for breast and cervical cancer had been set up and screened 50 women a day in the framework of the “Pink October” initiative.
Turning to the country’s legal framework, the Minister said that the Republic of the Congo had initiated, several years ago, the review process of its laws, with the support of the European Union, ushering in a new era in the improvement of the legal status of women. Without losing sight of the country’s customs and traditions, the rights of widows were being strengthened, and the ongoing review of the 2010 Child Protection Code would reinforce the protection of the girl child. In March 2018, several ministries and State agencies had concluded a partnership to set up a help line for victims and witnesses of gender-based violence and enable them to file complaints to pilot police stations which were part of the project. The law on the occupation and acquisition of land, enacted in June 2018, had strengthened the access of women to land by removing or restricting customary rules governing the use of land.
The Republic of the Congo was going through testing times as a result of a falling price of commodities, which did not defer the Government from doing its utmost to improve the situation of women in the country, the Minister said, stressing that all actions were being taken in the framework of the human rights-based national development plan 2018-2022, and the second generation national gender policy 2017-2021. Both were aligned with the 2030 Agenda for Sustainable Development.
The new-found peace in the department of Pool was a costly one, the Minister remarked, but it had led to the cessation of hostilities, which was essential because without peace, there was no development. Congolese women’s involvement in peace and security issues reflected United Nations Security Council resolution 1325, which was being implemented through a national action plan adopted in 2017.
Questions from the Experts
At the beginning of the dialogue, a Committee Expert recognized the challenges that the Republic of the Congo was dealing with, including those related to the recent conflict in the Pool province, and regretted the delay in the implementation of the Committee’s previous concluding observations and the submission of the report.
Turning to the legal reform calendar in the context of the Project of Actions to Strengthen the Rule of Law (PAREDA), which was supported by the European Union, the Expert raised concern about a delay in the enactment of the revised law, which had been submitted to the Ministry of Justice two years ago. Would those laws be adopted by the end of 2018, as stated by the State party?
The Committee was concerned that 36 years after the ratification of the Convention, the Republic of the Congo still maintained a number of laws from the colonial times which seriously discriminated against women, and that the laws still did not contain a definition of discrimination against women contained in article 1 of the Convention. When would the country adopt a definition that would prohibit direct and indirect discrimination by State and non-State actors, and prohibit multiple and intersecting forms of discrimination?
Many women in the Republic of the Congo were not aware of their rights, the Expert remarked, noting that geography and distances represented a barrier in women’s access to justice, which indicated a critical need to strengthen the functioning of mobile courts. It seemed that because of the distances, and the economic situation of many women, the only court accessible to women was a traditional court, which applied customs that in some instances, particularly in matters related to the family, discriminated against women. Were there any measures being taken to ensure that the decisions of traditional courts did not discriminate against women, and that women could appeal those decisions?
Experts inquired about action taken to address the barriers to women’s access to justice, in particular difficult access to free legal aid, the corruption in the judicial system, and the lack of independence of the judiciary.
Responses by the Delegation
Responding, the delegation said that the legal reform Commission had been established and that so far, several key laws, including the Civil Code and the Criminal Code, had been revised and submitted to Parliament. It was expected that the two chambers of Parliament would soon adopt the texts and send them to the President for final approval. Once adopted, those texts would be in line with the Committee’s recommendations.
The Republic of the Congo remained committed to continuing its legal reform in the framework of the Project of Actions to Strengthen the Rule of Law (PAREDA), and work was ongoing on revising the Family Code, where there were some challenges in ensuring the protection of the rights of women in relation to customary law. It was expected that this text would be submitted for adoption by the end of the year.
The Republic of the Congo had signed and ratified a number of treaties, but the submission of acts of ratification was rather sluggish so it was possible that this explained why the Committee did not have a confirmation of the ratification of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women.
In terms of access to justice, generally speaking, women and men enjoyed equality in the Republic of the Congo, but there was a tendency to grant greater protection to women, as they faced more risks. The costs of going to court were not defined by law, the delegation explained, adding that normally, the hearings were free of charge, but the fees of clerks or lawyers could indeed be high. Efforts were being taken to address the issue.
There were mobile courts, courts of first instance and five appeal courts, where hearings could be held. The law provided for the setting up of mobile courts and currently all regions had been equipped with their own jurisdiction, however, the functioning of mobile courts was hampered by the lack of resources. As for the decisions and rulings of customary courts, which were not a part of the legal order in the country, they could be taken into account by a judge, which was being done on a case-by-case basis.
The Ministry of Justice was being reformed, to ensure a greater availability of judges and to strengthen the implementation of a code of conduct and ethics, in order to reduce corruption in the judicial system. The judiciary was clamping down on corruption, whose nefarious impact on development was well known. For example, the Supreme Council of the Judiciary had been convened and it had removed seven judges for corruption.
The delegation stressed the critical role of women in peace and security in the Republic of the Congo, noting that they had played a key role in calming the recent conflict in the Pool region. Women had also been actively involved in the adoption of the new Constitution which contained the principle of gender equality. The help line 1444 enabled women to obtain an immediate response to violence. The number could be called even if women had no credit on their mobile phones.
Widows suffered from a great deal of discrimination and the country was working on reviewing the Family Code to address the issue. It is important to keep in mind that 70 per cent of women married through customary procedure, which raised the question of who benefitted from the provisions of the Family Code. The Code was being revised with the participation of all stakeholders, including civil society. The dowry in a customary marriage had been reconsidered so that it could be inherited by women, and widows would retain a full right to continue residence on the land left by the husband.
There were organizations of women human rights defenders specifically working on matters of expropriation of land. Following the municipal zoning, some women had had their land expropriated by the State, and had been compensated. Such was the case of the “market gardening belt” in Brazzaville, the delegation said, noting that all those whose land had been expropriated had received land plots elsewhere.
Questions from the Experts
Continuing the dialogue, Committee Experts addressed the conflict and violence that had recently flared up in the Pool department, and remarked that difficult access to the region meant that it was difficult to record the human rights violations, including against women and girls, and so set up the basis for a future transitional justice mechanism. According to reports, some 180,000 people had been affected by this conflict, the Experts remarked, and asked about a governance framework being put in place to foster the peace. Women’s rights could not be decoupled from peace and security, therefore, it was critical to entrench them in governance.
The delegation was asked to explain what was being done to address the humanitarian situation faced by a large number of children, to support displaced persons, and to address the impacts of climate change.
Turning to gender budgeting, the Experts stressed the links with the achievement of the Sustainable Development Goals, and recalled that, according to the United Nations Educational, Scientific and Cultural Organization, if the Republic of the Congo was to genuinely foster women’s rights, it had to allocate 20 per cent of the budget to education.
Another Expert asked about the intentions concerning the expansion of the number and scope of temporary special measures to advance the status of women in the Republic of the Congo.
Responses by the Delegation
Responding, the delegation explained that due to security reasons, humanitarian actors had not been allowed access to the department of Pool, but this was no longer the case. In fact, the presence of humanitarian organizations was needed now more than ever, to support the people returning to their homes following the peace agreement. The delegation noted that a number of humanitarian actors and United Nations agencies were present in the region, including the International Federation of the Red Cross, the Food and Agriculture Organization, the United Nations Development Programme, and others.
The disarmament, demobilization and reintegration programme, led by the President himself, was in place, and was one mechanism through which women could be heard on violations suffered during the armed conflict. To date, there had been no reports of physical violence, it seemed that women mostly endured psychological violence. A law clinic had been set up too, which provided legal and psychological support to the victims.
The Ministry for the Promotion of Women was disseminating the United Nations Security Council resolution 1325 on women, peace and security, and had endorsed the national plan for its implementation in May 2017.
The National Gender Policy covered the problems of women across the board. The country was gradually moving towards achieving the objective of gender budgeting, and was currently training staff in relevant ministries.
The new Constitution had ensured the principle of gender parity in political, elected and administrative roles, and measures were being taken to ensure that there were implementing regulations, for example though the establishment of the Women’s Advisory Council. At the beginning of 2019, an awareness raising campaign would be launched among the law makers towards the adoption of a law on parity. There was the National Observatory on Parity, and activities were ongoing every time there were elections on the horizon, to raise awareness among women to take an active part and to put their names on electoral lists. The Electoral Law guaranteed 30 per cent representation of women in electoral lists, but unfortunately it did not contain any sanctions for violators. This weakness would be addressed in the next electoral review.
Questions from the Experts
A Committee Expert commended the Republic of the Congo for the efforts to address violence against women, mentioning in particular the establishment of special gender-based violence units in each police station and the setting up of a help line for victims of gender-based violence. Major concerns, however, remained in the persistence of adverse cultural norms and harmful practices, patriarchal attitudes, and negative stereotypes. Domestic violence was widespread and represented two-thirds of all violence reported to police. Seemingly, all efforts to change societal norms and raise awareness were based on events and initiatives, rather than on sustained and institutionalized awareness raising programmes by all Government entities, in collaboration with civil society.
The delegation was asked to explain the long delays in the adoption of a national strategy to change harmful practices and stereotypes and the draft law on domestic violence; services available to victims of violence, including long-term shelters; and plans to strengthen data collection on all forms of violence against women.
Another Expert commended the efforts of the Republic of the Congo to combat trafficking in persons, exploitation and prostitution, in particular the completion of several regional agreements on the matter, and asked about the status of the 2013 draft bill on human trafficking. Noting the high percentage of women and girls in prostitution, the Expert asked about measures in place to help them exit prostitution and initiatives to improve data collection on trafficking in persons for purposes of sexual exploitation.
Responses by the Delegation
In response to questions on violence against women, the delegation explained that practices such as female genital mutilation and forced and arranged marriages were, to a degree, related to culture and said that the revised Family Code would prohibit the obligation of a widow to marry her husband’s relative. The law also prohibited female genital mutilation, forced marriage, and trafficking in women, said the delegation, recognizing the need to intensify the awareness raising activities on certain traditional practices. The gender-specific violence law was being drafted, and as a number of other draft laws, was expected to enter into force in 2019.
On data and statistics, the delegation clarified that there was a National Statistical Institute and that following the introduction of the 1444 hotline, all data on complaints of violence against women would be centralized.
There were two centres which provided medical and psychological assistance to female victims of violence, and a number of civil society organizations worked on issues of violence against women and provided support to the victims. Drawing inspiration from the one-stop-shops for victims of violence against women in Rwanda, the Republic of the Congo was working on setting them up and also had some temporary shelters available, as a sort of a stepping stone for victims. The delegation stressed that violence in the country was primarily psychological, and that the country was dealing with the issue within the limits of its economic resources.
Questions from the Experts
Turning to the question of the participation of women in public and political life, an Expert took note of the legal framework which guaranteed access to women to politics, the judiciary, and diplomacy and welcomed the increase in the number of women ministers from five to eight since 2012. Nevertheless, women continued to be under-represented across the board, particularly in high-level decision-making positions. The draft law on parity, which should serve as a legal basis for gender equality in administrative and elected posts, was still pending. What was the impact of the 2006 amendment to the Political Parties Act, considered to be an incentive and a boost to women’s political participation?
With regards to citizenship and nationality, another Expert asked whether women and men had equal rights to transfer nationality to their foreign spouses and children, and raised concern about birth registration for indigenous peoples and internally displaced persons. Was the country considering ratifying the international conventions on statelessness?
Responses by the Delegation
With regards to the country’s indigenous peoples, the delegation said that the Republic of the Congo had set up the Ministry of Justice and the Promotion of Indigenous Peoples, which was tasked with establishing the conditions to recognize indigenous peoples as fully-fledged Congolese citizens. One of the challenges was raising the awareness of indigenous women on their rights, promoting education, and building their awareness that they enjoyed the same rights as the rest of the population. The delegation remarked that sometimes, those populations did not like to be called “indigenous”, and saw the term as insulting.
Birth certificates for indigenous peoples were issued free of charge, and mobile courts and judges were required to go to indigenous peoples for all civil registration needs.
On women’s representation in the diplomatic service, a great deal of progress had been made over the past several months, the delegate remarked, as a great number of women had been appointed to ambassadorial posts. There were currently seven female Ambassadors. The Ministry for the Promotion of Women was always being asked to submit a list of female candidates for posts in the diplomatic service.
The right to nationality was guaranteed, and could be obtained by birth, or through family ties. A women married to a Congolese citizen could obtain the nationality after five years of marriage, and had to prove that she was integrated in the society. All children born in the Republic of the Congo, including to foreign parents, had the right to a Congolese nationality.
Turning to the programme on strengthening women’s leadership in public and political life, the delegation explained that it was preceded by an assessment of barriers that women experienced. The programme aimed to involve men and boys in increasing the political and public participation of women.
Prostitution had not been legalized and steps were being taken to assist those wishing to leave prostitution, often in partnership with non-governmental organizations, United Nations agencies, and oil companies such as Total. Women received interdisciplinary support, including vocational training, and specific assistance had been provided to 45 pregnant women. The Criminal Code did not contain a specific offence of prostitution by women themselves, but it prohibited pimping as it sought to earn profit by exploiting women.
Questions from the Experts
A Committee Expert stressed that education, especially of girls, was a lever for development and a major investment in the future. In the Republic of the Congo, it was an economic and strategic challenge, in view of only 60 per cent enrolment in secondary school, low quality of education and school infrastructure, and a rather high school dropout rate, particularly among girls. The problems were more accentuated in rural areas. Bearing in mind the rather high illiteracy rates in rural areas, what was being done to promote the education of girls there, including through ensuring their safety and security on the way to school. What was being done to ensure the equal access of girls to digital literacy and digital technologies, and to promote distance and online education programmes as a way to increase access to education?
The Committee was concerned about the continued low employability of women, and in this vein inquired about the specific actions taken under the second generation gender equality plan to bolster the role of women and girls in the economy. Seventy per cent of women worked in the informal economy, which was not covered by social protection schemes, leaving women very vulnerable.
Women in rural areas did not enjoy equal access to health care services due to important geographical discrepancies, which was an issue of serious concern given the extremely high maternal mortality rate of 442 per 100,000 live births. Abortion was prohibited, leading often to clandestine abortions with serious complications for women, the Expert said, urging the Republic of the Congo to consider the provisions of the Maputo Protocol and allow abortion if pregnancy threatened the mental and physical health of the mother, in case of incest or rape, and the unviability of the foetus.
Responses by the Delegation
Women in the Republic of the Congo were fortunate to have the principle of equal pay for equal work, which was automatically applied, responded the delegation, and, turning to questions raised on access to health, said that a great deal of money had been injected in the construction of 12 general hospitals throughout the country. Caesarean section services were provided free of charge, with women sometimes being asked to pay for surgical materials such as gloves or syringes. The Child and Mother Hospital had been recently renovated.
Abortion was indeed prohibited, unless the life of the mother was in danger, and abortion could be granted also in the case of incest or rape. Abortions had been prohibited because it had been noted that they led to deaths among young girls and adolescents. There was a centre for sexual and reproductive health, which delivered education and awareness raising programmes, in cooperation with parents. School curricula contained some sexual and reproductive health education courses, from an early age, but it must be mentioned that this was an issue of contention with some parents who did not want their children to receive sexual education at an early age.
The budget for the care of people living with HIV/AIDS and to raise awareness had been recently increased. Antiretroviral drugs were being provided free of charge, but because of stigmatization by health staff and their communities, women often did not avail themselves of those services. Training had been recently provided to medical staff in order to eliminate the stigma and discrimination against women living with HIV/AIDS.
Access to education was guaranteed by law and was not an issue, a delegate said, adding that a study into school dropouts had been conducted to identify the obstacles and devise strategies to support girls to complete their education.
The Ministry of Social Affairs had several childcare centres in urban areas, as did the private sector, while in rural areas childcare was being provided on a community and solidarity basis, by the members of the community themselves. There were several programmes which aimed to strengthen women’s access to credit, a delegate said, adding that there were initiatives to provide them with training and capacity-building as well.
Questions from the Experts
It was regrettable, a Committee Expert said, that as a result of the poor management of public wealth, the Republic of the Congo’s rapid economic growth, which was fuelled by high oil prices until 2015, had not resulted in a reduction of poverty and of economic and social disparities, including for women.
The delegation was asked about the commitments and resources allocated to women’s economic empowerment, the steps taken to eliminate discrimination against women in social protection schemes, and measures to improve the status of rural women who were critical for the country’s wellbeing and the achievement of the Sustainable Development Goals. Despite the laws aiming to improve the status of widows, the Committee remained concerned about their access to land, and about the access to ancestral lands for indigenous peoples.
The Asylum Bill had been at the table since 2014, noted the Expert, asking about the prospects for its adoption, and about the practical assistance, including shelters, provided to vulnerable refugees, asylum seekers, and internally displaced persons.
Responses by the Delegation
The delegation confirmed that, if husband and wife were both civil servants, social benefits were paid to the husband only, and said that the issue would be addressed in the draft revised General Taxation Code. The draft revision to the Family Code would strengthen the protection of widows in matters of inheritance and access to land, and it also proposed that dowry be monetized; it was expected that this draft would be soon adopted. The Family Code allowed polygamy; each marriage had to be concluded before a registrar and the consent of each party was required.
A text had been tabled for the setting up of a fund for income generation activities for women, which would be replenished through tax revenues. There was a shelter for asylum seekers, and a national refugee committee which worked with the United Nations Refugee Agency.
Questions from the Experts
In the final round of questions, an Expert commended the adoption of the law on the occupation and acquisition of land which had strengthened the access of women to land by removing or restricting customary rules governing the use of land, and asked how its implementation would be managed in view of the legal pluralism.
It was hoped that the revised Family Code would regulate the issues of marriage, dowry, place of residence, and inheritance, and that it would finally abolish the practice of levirate marriage which obliged widows to marry a brother or a relative of her deceased husband.
Responses by the Delegation
Responding, the delegation said that traditional courts would be invited to abide with the new legislation on access to land, and added that there were already awareness raising activities going on among community leaders. The delegation explained that non-compliance with the country’s legislation was a criminal offence and that all those who did not implement the provisions of the law on access to land would be criminally prosecuted.
On the matter of dowry, the revised Family Code had found a fine balance between the civil law and customs, and as such had taken into account the 70 per cent of marriages in the country which were customary ones. Marriages could be monogamous or polygamous, and the choice must be clearly indicated during the marital ceremony, but many polygamous marriages were not in fact registered, putting those “secret” wives in a very vulnerable situation in case of divorce, repudiation, or death of the husband. The revised Family Code would protect the “secret” wife, and it had reduced the number of wives in polygamous marriages from five to three.
The Code on the Protection of Children and Childhood stipulated that a judge must consider the child’s best interest; the parental authority was not always the father, and parental authority might be removed from one or both parents if that was in the best interest of the child. All children had the same rights, regardless of whether they were from legal wives, co-spouses, or mistresses.
Concluding Remarks
INÈS NEFER BERTILLE INGANI, Minister for the Promotion of Women and Women’s Integration into Development of the Republic of the Congo, in her concluding remarks, reiterated the Republic of the Congo’s commitment to improving the situation of women and to combatting all types of discrimination against them. All the Committee’s proposals would be addressed with full vigour, she said, and thanked the Experts for the battle they were waging to combat discrimination against women. The Republic of the Congo was lucky to have a President with rather feminist views, and hopefully, the population would follow.
DALIA LEINARTE, Committee Chairperson, commended the Republic of the Congo for its efforts and encouraged it to address various recommendations, which the Committee would issue with the purpose of the more comprehensive implementation of the Convention throughout the State party.
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CEDAW/18/028E