UNITED NATIONS		CRC
	Convention on the Rights of the Child	Distr. GENERAL CRC/C/COG/1* 20 February 2006 ENGLISH Original: FRENCH

COMMITTEE ON THE RIGHTS OF THE CHILD

CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 44 OF THE CONVENTION

Initial reports of States parties due in 1999

CONGO**

[12 February 2006]

CONTENTS

Paragraphs Page

Summary .................................................................................................... 3

Introduction ................................................................................................ 1 - 12 6

PART I: OVERVIEW OF THE CONGO

Chapter 1 Land and people .................................................................... 13 - 22 7

Chapter 2 Political, judicial and administrative structure and
economic situation .................................................................. 23 - 116 9

Chapter 3 General legal framework within which human rights
are protected .......................................................................... 117 - 127 21

Chapter 4 Maintenance and promotion of human rights ............................ 24

Chapter 5 Information and advertising ..................................................... 128 - 149 25

PART II: IMPLEMENTATION OF THE CONVENTION
IN THE CONGO

Chapter 6 Public freedoms and civil rights of the child .............................. 150 - 230 28

Chapter 7 Health, social protection and well-being of the child ................. 231 - 336 40

Chapter 8 Education, culture, arts, sport and leisure ................................. 337 - 396 60

Chapter 9 Special protection measures for the child ................................. 397 - 483 69

Conclusion ................................................................................................. 484 - 491 81

Summary

Although the Congo underwent a period of armed conflict and political tensions from 1993 to 2000, successive Governments nevertheless committed themselves to implementing the Convention on the Rights of the Child. The advances made during those years have been preserved, and the current context, with the restoration of peace assured, is conducive to renewed action under better circumstances that should improve the implementation of the Convention.

The measures taken essentially involve the establishment, organization and reorganization of bodies whose work contributes to the implementation of the Convention. They relate to the periods before and after ratification of the Convention.

Women and children in the Congo constitute distinct social groups that enjoy very special government attention. An institutional framework, established for the benefit of women and children, is based on carefully devised strategies, a sound protection programme for women and children, and a major effort to integrate children’s issues into the various development plans. The following is a list of bodies established, organized and reorganized before and since ratification of the Convention:

- The Ministry of Social Affairs, which, alongside traditional tasks, is responsible for relaunching, reorienting and vitalizing activities aimed at child protection and the advancement of women;

- Social Action Communities (CAS) in both urban and rural areas;

- A Department of Legal Protection for Children at the Ministry of Justice;

- A Department for the Integration of Women into Development at the Ministry of Planning;

- A Ministry for the Advancement of Women and the Integration of Women into Development;

- A National Action Plan for Children;

- An Inter-Ministerial Committee to Monitor Implementation of the Convention on the Rights of the Child;

- An intersectoral planning and follow-up unit responsible for gathering, analysing and publishing data on the situation of children.

A law on the status, protection and advancement of disabled persons was promulgated in 1992 (Act No. 9/92 of 22 April 1992).

Child protection in the Congo is assured through the protection of human rights, which include children’s rights, and by means of the treaties that the country has signed. Furthermore, child protection is mentioned in the country’s basic laws, such as the various Congolese Constitutions (1961, 1963, 1969, 1973, 1979, 1990, 1992 and 2002), the laws establishing the Nationality Code, the Labour Code, the Code of Criminal Procedure, the Social Security Code,
the Family Code, the Civil Service Statute and the Criminal Code, and the National Charter of Rights and Freedoms adopted by the Sovereign National Conference of 20 May 1991.

The social life of Congolese children is governed by traditional law and contemporary law, which recognize their right to life, survival and development.

In spite of the legal provisions governing the administration of juvenile justice, some obstacles still impede the proper conduct of judicial proceedings; conditions in police custody and in places of detention are not always up to standard.

Congolese children have access to a three-level graded health-care system consisting of a general operational structure, specific programmes and support structures.

To implement the system, a National Health-Care Development Plan (PNDS) based on health-care districts and integrated health-care centres (CSI) has been elaborated.

Yet child health continues to be a matter of concern. The mortality rate for children under the age of 5 is still high: 81 deaths per 1,000 live births in 2001.

With the support of international partners such as the World Health Organization (WHO), the United Nations Children’s Fund (UNICEF) and Rotary International, the Congo organizes regular vaccination campaigns aimed at eradicating endemic diseases such as poliomyelitis.

The vaccination coverage rate was 80 per cent in 1990 and 29 per cent in 1999 (impact of recurring armed conflicts from 1993 to 2000) and 2004.

To help improve the focus and boost the coordination of action on behalf of vulnerable children, a strategy document on vulnerable children was adopted in 2003.

The health status of women continues to be a source of concern. Maternal mortality and morbidity rates are identical to those in African countries south of the Sahara. The maternal mortality rate is 1,100 per 100,000 live births. However, the rate of prenatal care is 75 per cent; tetanus vaccination coverage is 75 per cent; more than 80 per cent of deliveries take place in hospitals; and the Caesarean section rate is low, at 2.6 per cent.

Some progress has been made in the water sanitation sector, but it still falls far short of the targets set.

With regard to child nutrition, especially in rural areas, high rates of underweight children (14 per cent) and growth retardation (19 per cent) were recorded during the period 1995-2003. Given the low level of food security and the inadequate access of households throughout the country to a healthy food supply, this phenomenon may be expected to persist and become worse.

The structure of the education system has been formally defined in Education Act No. 25/95 of 17 November 1995. There are two educational subsystems: the very small-scale informal (unregulated) system and the more developed formal or established system, which is more widely attended and which is organized in accordance with the Education Act.

Schooling in the Congo is free, although parents help to defray some school running expenses.

Basic education has achieved its quantitative target, with an enrolment ratio of over 90 per cent of Congolese children.

There has been a marked deterioration, on the other hand, in the quality of education, discernible in high repetition and drop-out rates.

There are many reasons for this, including:

- Overcrowded classrooms: 60 to 200 pupils per class seated on the ground; the practice of multigrading;

- Low morale in the teaching profession; teachers lack motivation because they are poorly paid or sometimes poorly trained;

- Insufficient teaching aids;

- Inadequacy of budget appropriations;

- Unsuitable and constantly changing curricula and learning methods with no effort to assess the desirability of adjustments, readjustments or corrections.

There are few preschool education facilities. However, thanks to private-sector involvement, it has been possible to maintain a coverage ratio of 3 per cent of children in the 3 to 5 age group.

There are several categories of children in difficult circumstances, including abandoned children, street children, working children, ill-treated children, child soldiers and children in conflict with the law.

Specialized institutions such as refuge centres and orphanages cater for these children, but they are mainly operated by local and international non-governmental organizations (NGOs) and religious groups. There are virtually no State-run facilities. Providing effective care for this category of children presents enormous challenges.

The resurgence of the phenomenon of street children, war orphans and other children in distress led to the development of new guidelines for non-formal education.

The social life of Congolese children is governed by traditional law and contemporary law, which recognize their right to life, survival and development.

Awareness of these rights and of human rights in general is promoted by various national institutions and by the domestic media.

Although the Congo has undergone a period of armed conflict and socio-political tensions, it has nonetheless taken viable action on behalf of children, thereby contributing to the implementation of the provisions of the Convention.

This action has been financed both from domestic sources and through substantial assistance from bilateral and multilateral cooperation agencies, United Nations bodies and NGOs. However, more widespread and intensive action must be taken in the future.

Introduction

1. On 20 November 1989, the United Nations General Assembly adopted the Convention on the Rights of the Child. At the World Summit for Children held in New York in 1990, Heads of State and Government adopted the World Declaration on the Survival, Protection and Development of Children, which reaffirms the General Assembly’s support for the Convention.

2. The Congo ratified the Convention in 1993, thereby committing itself to the implementation of all its provisions, one of which is the regular submission of progress reports on its implementation.

3. Article 44 stipulates in this regard:

“1. States Parties undertake to submit to the Committee, through the Secretary‑General of the United Nations, reports on the measures they have adopted which give effect to the rights recognized herein and on the progress made on the enjoyment of those rights:

(a) Within two years of the entry into force of the Convention for the State Party concerned;

(b) Thereafter every five years.

2. Reports made under the present article shall indicate factors and difficulties, if any, affecting the degree of fulfilment of the obligations under the present Convention. Reports shall also contain sufficient information to provide the Committee with a comprehensive understanding of the implementation of the Convention in the country concerned.

3. A State Party which has submitted a comprehensive initial report to the Committee need not, in its subsequent reports submitted in accordance with paragraph 1 (b) of the present article, repeat basic information previously provided.

4. The Committee may request from States Parties further information relevant to the implementation of the Convention.

5. The Committee shall submit to the General Assembly, through the Economic and Social Council, every two years, reports on its activities.

6. States Parties shall make their reports widely available to the public in their own countries.”

4. More than 10 years after ratifying the Convention, the Congo has still not published a report on its implementation. Yet in 1997 the country appointed two consultants to prepare the initial report. However, the resulting document, which was approved under the procedures established at the national level, could not be published. Successive Governments were doubtless overwhelmed by the need to find solutions to the socio-political crises. To bridge the gap created by this delay, the various Congolese bodies involved in producing reports on the implementation of the Convention felt it was necessary to review the 1997 initial report and to update it in the light of information available for the period from 1995 to 2005.

5. This report has therefore been prepared in accordance with the general recommendations of the Committee on the Rights of the Child on the “exceptional submission of combined reports”.

6. Taking into account the general guidelines for the preparation of initial reports on implementation of the Convention proposed by the United Nations Secretariat, the Congo began gathering information in the country’s different departments. The information thus gathered has been used to create a databank covering areas pertaining to the rights of the child.

7. The Government drew on the expertise of Congolese consultants who attended a training course before drafting the report.

8. The UNICEF Office in the Congo provided financial assistance for the preparation of the report. On completion, the report was submitted for an assessment first to a 10-member technical panel and then to the Inter-Ministerial Committee to Monitor Implementation of the Convention on the Rights of the Child, following which it was transmitted to the Government for adoption.

9. The report assesses the commitment of the Government and civil society to the process of implementing the Convention. It undertakes a critical analysis of the situation, identifies difficulties encountered by the various parties and proposes a series of options with the potential to bring about improvements in activities aimed at implementing the Convention.

10. It consists of two parts, subdivided into chapters.

11. Part I consists of five chapters. Chapter 1 introduces the land and its people; chapter 2 describes the political, judicial, administrative and economic structure; chapter 3 outlines the general legal framework within which human rights are protected; and chapter 5 describes the role of the media in promoting the Convention.

12. Part II consists of four chapters. Chapter 6 deals with the public freedoms and civil rights of the child; chapter 7 examines the health sector and the well-being of the child; chapter 8 reviews action in the areas of education, culture, arts, sport and leisure; and chapter 9 describes special protection measures for the child.

Part I. OVERVIEW OF THE CONGO

Chapter 1: Land and people

1.1 Physical features

13. Located in Central Africa astride the Equator, the Congo has an area of 342,000 km² and extends from 5 degrees south latitude to 4 degrees north latitude. It is bounded by the Central African Republic and Cameroon to the north and north-west, the Cabinda enclave to the south, the Democratic Republic of the Congo to the east and Gabon to the west.

14. The country’s general north-east/south-west orientation gives it a 160-km shoreline on the Atlantic Ocean. The Congo measures some 1,200 km at its longest point and 425 km at its broadest point.

15. From west to east, the country can be divided into five major geographical regions:

- An alluvial and occasionally marshy coastal plain along the Atlantic Ocean with sand dunes producing lagoons. Towards the south the shore becomes steeper and indented with reef formations;

- A mountainous area, Mayombe and Chaillu, parallel to the coast, with a succession of sharp peaks rising to between 500 and 800 metres, alternating with deep gorges, the best known of which is Kouilou where there are plans to build a dam bearing the same name. The verdant cover of the great equatorial forest extends throughout the region;

- A vast depression forming the north-west/south-east savannah known as the Niari valley;

- In the south-east, the Pool basin lies in a hilly and largely deforested region, but most of it runs through the territory of the neighbouring Democratic Republic of the Congo;

- Lastly, the Congolese basin in the north of the country was produced by large-scale land subsidence.

1.2 Vegetation

16. The territory of the Congo is divided between equatorial forest (60 per cent of the territory) and savannah interspersed with gallery forests. There are three forest blocs:

- The Mayombe forest running down to the coastal plain;

- The Chaillu massif;

- The northern forest, covering the largest expanse of 13 million hectares, including almost 7 million that are flooded or liable to flooding.

1.3 Climate

17. The whole territory of the Congo has a humid tropical climate with the following characteristics: high temperatures throughout the year with variable thermal amplitudes. Applying pluviometric criteria, two regions may be distinguished:

- The southern part of the Congo has a hot season from October to May, with an average temperature of 25°, and a dry season from June to September with temperatures of below 23°. The annual average amplitude declines from the Atlantic to the Congo Basin. The plateaux record the lowest temperatures during the dry season;

- In the Congo Basin, the thermal amplitude is low - between 1.5° and 2°.

1.4 Hydrography

18. The Republic of the Congo has a large hydrographic network, with numerous watercourses forming two major basins: the Congo Basin consisting of the Congo River and its tributaries, and the Kouilou-Niari basin.

1.5 Demography

19. The population was estimated at 2,854,600 in 2000. Women account for 51 per cent and men for 49 per cent of the total. A majority live in urban areas (66 per cent) and the country’s population is concentrated in the south (more than 80 per cent). The average population density for the country as a whole is 8.4 inhabitants per km². The annual growth rate during the decade 1990-2000 was 3.2 per cent. Young people account for a high proportion of the population (roughly 56 per cent).

20. The family, the clan and the tribe are the basic units from which different groupings are built. The Congo falls almost entirely within the Bantu language zone but there has been some infiltration of Bayas and Bandas, Sudanese-type peoples from central Africa who live in the north of the country. There are also nomad pygmies in the forests of the north (Likouala, Sangha) and the south-west (Chaillu).

21. There are 7 major ethnic groups - the Sangha, Mbochi, Téké, Boubangui, Kongo, Echira and Kota - and some 55 subgroups. Each ethnic group has its own language, but only two of these many languages which serve as a lingua franca - Munukutuba and Lingala - have the status of national languages. The official language for administrative and educational purposes is French.

1.6 Religions

22. In pre-colonial times, the Congo was animist. Christianity was introduced by the colonizers and became the Congo’s first religion. It was followed by Islam and Buddhism. The process of enculturation led to the creation of numerous local churches drawing inspiration from Christianity. They differ from the traditional churches (Catholic, Protestant, etc.) in terms of ritual, vestments, sacraments and access to membership of the hierarchy.

Chapter 2: Political, judicial and administrative structure
and economic situation

2.1 Historical overview

23. The history of the Congo was shaped by the series of Bantu migrations and the emergence in the tenth century of the Christian era of the first great sub-Saharan kingdoms, the forest kingdoms. The great river played a key role through the trade that rapidly began to flourish along its entire course.

24. A migration of Bantu peoples from what is now Nigeria during the first century of the Christian era led to the establishment in the Congo Basin of the Kongo Kingdom and the Téké (or Anziko) Kingdom.

25. The Kongo Kingdom began to become known in the fifteenth century when the first Portuguese caravans led by Diego Cao reached the coasts of the present-day Congo in 1482.

26. There were other kingdoms on the Atlantic coast, the most important being the Loango Kingdom, a vassal of the Kongo.

27. The Kongo Kingdom and the Loango Kingdom extended across the two contemporary Congo States, Angola and Gabon. The Loango Kingdom spread across the whole southern part of the Congo, Gabon and Cabinda. It seceded from the Kongo Kingdom in the late sixteenth century and became independent.

28. The Téké Kingdom, founded in the thirteenth century, established its first capital in Ngombéla in the sixteenth century. It remained on the banks of the Pool for more than three centuries before moving further north to its new capital at Mbé in the nineteenth century. It was there that the explorer Savorgnan de Brazza signed a treaty on 10 September 1880 with King Makoko. The Kingdom became a French protectorate.

29. In 1883 the King of Loango signed a treaty and his Kingdom became a French protectorate.

30. The Berlin Conference of 1884-1885 endorsed the division of Africa, with each explorer recognizing the future European colonial empires. The whole northern part of the Congo River (Gabon, Congo, Cameroon, Central African Republic) was recognized by De Brazza and his companions as belonging to France, the whole west bank (Democratic Republic of the Congo) by Stanley as belonging to the King of the Belgians.

31. In 1910, the structure of the French Congo was changed, with each territory becoming a colony belonging to French Equatorial Africa.

32. The first steps towards decolonization were taken at the Brazzaville Conference of 30 June 1944. The 1946 Constitution gave rise to the French Union within which the colonies, now known as overseas territories, were run by territorial assemblies.

33. In 1956, Gaston Deferre’s framework law took a further step towards granting independence to the colonies. Following a successful referendum on 28 September 1958, the overseas territories and French Equatorial Africa were abolished. Gabon, the Congo, Chad and Ubangui (now the Central African Republic) became republics.

34. The proclamation of the republic in the Congo took place at Pointe-Noire, which was then the capital of the Middle Congo. On 21 November 1959, Fulbert Youlou was elected President of the Republic. On 15 August 1960, the Congo became independent and Fulbert Youlou took office as President of the newly independent State. In 1963, he was succeeded by Alphonse Massamba-Debat. In 1968, Marien Ngouabi assumed power. In 1977, Jacques Joachim Yhomby-Opango became President, followed in 1979 by Denis Sassou-Nguesso. From 1963 to 1991, the Congo was run by a one-party regime following a socialist line. In February 1991, a Sovereign National Conference was held, following which the Congo embarked on an era of multi-party democracy. In 1992, Pascal Lissouba was elected President. In 1997, Denis Sassou Nguesso resumed power. In 2002, the Congo adopted a new Constitution and Sassou Nguesso was elected President.

2.2 Political structure

35. The Constitution of the Congo of 20 January 2002 reflects the fundamental principles proclaimed and guaranteed by:

- The Charter of the United Nations of 24 October 1945;

- The Universal Declaration of Human Rights of 10 December 1948;

- The African Charter of Human and Peoples’ Rights of 26 June 1981;

- All relevant duly ratified international human rights instruments;

- The Charter of National Unity and the Charter of Rights and Freedoms adopted by the Sovereign National Conference on 29 May 1991.

36. Under the Constitution, the Congo has an executive, a legislature and a judiciary and other institutions such as the Constitutional Court, the High Court of Justice, the Economic and Social Council, the High Council on Freedom of Communication, the Mediator of the Republic (Ombudsman) and the National Human Rights Commission.

2.3 The executive

37. Executive power lies with the President of the Republic and the members of the Government. The President of the Republic is the head of State and Government and the President of the Council of Ministers. The incumbent appoints and dismisses the members of the Government, establishes the broad lines of national policy and decides on basic courses of action. The President of the Republic exercises regulatory authority and the prerogative of clemency. The incumbent is the commander-in-chief of the armed forces; legislates by order on economic and financial matters and in the area of defence and security; makes appointments to high-level civilian and military offices in the Council of Ministers, and to high-level civilian and military posts in accordance with the relevant legal provisions; accredits ambassadors and special envoys to foreign Powers, and receives the accreditations of ambassadors and special envoys; negotiates, signs and ratifies treaties; and promulgates laws within 15 days of their adoption by the National Assembly. The decisions of the President of the Republic, except for those appointing members of the Government, are countersigned by the ministers responsible for their implementation.

38. The Government implements general national policy in accordance with the broad lines and options established by the President of the Republic. It is responsible for the civil service and the law enforcement agencies. The members of the Government are accountable to the President of the Republic.

39. The National Assembly exercises oversight over the Government:

- By putting parliamentary questions to members of the Government:

- Written questions;

- Oral questions;

- By hearings of members of the Government in committee.

40. The National Assembly may not, however, pass motions of no confidence in the Government, nor may the Assembly be dissolved.

41. The President of the Republic is elected for seven years by direct universal suffrage and may be re-elected for one term. The Constitution empowers the President to initiate legislation, concurrently with the members of Parliament. He or she is President of the Judicial Service Commission.

2.4 The legislature

42. Legislative power is exercised by a bicameral Parliament composed of the National Assembly (Chamber of Deputies) and the Senate (Chamber of Senators). It enacts laws and oversees executive action in the different ways already mentioned.

43. The President of the Republic may not dissolve the National Assembly, nor may the National Assembly dismiss the President of the Republic.

2.5 The judiciary

44. Act No. 22/92 of 20 August 1992 on the organization of the judiciary, as amended and supplemented by Act No. 19/99 of 15 August 1999, establishes a single court system composed of:

- The Supreme Court;

- The Court of Audit and Budgetary Discipline;

- The appeal courts;

- The regional courts;

- The administrative courts;