- Access to positive and encouraging results such as:
Declining enrolment of street children from 1900 in 2003 to 910 in 2009;
Continued education actions, learning opportunities, training and support school kits
for orphans and vulnerable children (OVC), people with disabilities and indigenous
people;
Continuation of efforts to eliminate child trafficking through the management of
agreements, organisation of awareness campaigns, identification, rehabilitation and
professional integration and repatriation; organisation and promotion of the fight
against violence and abuse.
CHAPTER I GENERAL MEASURES OF IMPLEMENTATION
I 1 - African Charter and Congolese legislation
The Congolese legislation inherited wholly or largely from French laws of 1810 which were
made mandatory and applicable in French Equatorial Africa by the Decree of 1 June 1878
organising justice in judicial institutions of Gabon-Congo. This clear option in favour of a
Napoleonic approach set aside the local customs. However, for practical implementation
necessities, the adaptation of these laws to the local context and to international conventions
proved indispensable. Thus, the Family Code is largely inspired by the customs of Congo.
Similarly, national legislations such as the Child Protection Act, the Labour Code, the
commercial and financial procedure Codes take into account the main international
provisions.
In May 2009, the Ministry for Justice and Human Rights launched a vast operation to review
and harmonise all Congolese laws. For this purpose, two main committees had been set up:
• The Commission on the reform and modernisation of the institutional framework including
subcommittees on: infrastructure, equipment and computerisation, training, access to law,
justice and legal aid, special status of judicial personnel, communication and awareness.
• The Commission on the review and drafting of work tools or main codes in the Republic of
Congo: Criminal Code, Code of Criminal Procedure, Civil Code, Code of Civil, Commercial,
administrative and financial Procedure, Family Code, the Labour and social security Code.
The final product expected for the 3rd quarter of 2011, was not realised due to the following
constraints identified at that time: (i) the lack of local high-level skills; (ii) slow pace and
delays in the completion of the required tasks; (Iii) the necessary use of complementary
investigations and participatory consultations (civil society, traditional authorities and
population) for texts relating to customs and traditions such as the Family Code; (iv)
enhanced support of bilateral and multilateral cooperation.
These constraints are still relevant. In order to work around this blockage, the ministry in
charge of justice has, recently, started the development of terms of reference for each
fundamental text to be reviewed, as well as the recruitment of consultants. Such was the case
for the Criminal Code Revision project awarded recently to a senior ministry official.
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