 LEGAL FRAMEWORK 84. The description of this framework is carried out by referring briefly to the Constitution of the Republic and to international, regional and sub-regional legal instruments, to national laws, policies and programmes implemented in the country. The Constitution of 18 February, 2006: 85. Since 2006, the DRC has adopted a Constitution which was approved through a popular referendum. This Constitution translates the country’s commitment to the promotion and protection of human rights. Indeed, several Articles (57 in all) are devoted to human rights, fundamental freedoms, rights and duties of the citizen and the State. In responding to the signs of the times, the said Constitution, also introduces an important innovation by formalizing gender parity in Article 14. 86. Consequently, the constituents reaffirmed the commitment of the DRC to human rights and fundamental freedoms as specified in international and regional legal instruments which the country has acceded to, namely (i) the Universal Declaration of Human Rights, (ii) the African Charter on Human and Peoples’ Rights, (iii) the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, (iv) the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), (vi) Resolution 1325 of the United Nations Security Council which incorporates a gender-specific approach to conflict resolution processes, peace-building operations and provides for the participation of women in key institutions and decision-making bodies, etc. 87. For the Congolese government, quite apart from the ratified international, regional and subregional Conventions, some of which are mentioned above, the signing and ratification of the Protocol on the Right of Women in Africa is a major event. Indeed, for expert observers, this Protocol is the most far-reaching legal instrument in terms of women’s rights in Africa since it embodies specific articles targeted at both physical and psychological violence perpetrated against women victims. The ratification of this Protocol as well as all the aforementioned legal instruments call for results in their implementation at the national level. 88. With regard to the MAPUTO Protocol, its implementation in the DRC is made much easier since the Constitution of 18 February, 2006, in its Title II, establishes human rights, fundamental freedoms, the rights and duties of citizens and the State. A large number of Articles deal appropriately with the issues raised in the Maputo Protocol on civil and political rights, economic, social and cultural rights as well as group rights. They include in particular, Articles 11, 12, 13, 14, 15 and 16. Thus, the DRC has in its Constitution one of the most explicit interpretations of the rights of women. 89. To concretize all these constitutional principles, the implementation of the mechanisms for the promotion and protection of human rights and fundamental freedoms is within the jurisdiction of the central and provincial authorities in accordance with Article 203 of the Constitution. However, the ratification of international legal instruments is the exclusive preserve of the central authorities (Article 202 of the Constitution). 90. The Table below gives an overview of the determination of the DRC for the past 30 years to accede to international and regional standards, among others, in terms of protecting and promoting the rights of women and children (See Annexes in Tables). Laws on the enforcement of constitutional principles 91. In order to ensure the enforcement of the constitutional rights presented above, a number of laws have been passed by the DRC Parliament and promulgated by the President of the Republic. At the provincial level, edicts have been issued on the promotion of the rights of women. 92. Tables No. 2 and 3 indicate some of the laws passed at the national level and some edicts adopted at the provincial levelAll these legislative advancements at the national and provincial levels indicate that undeniable significant achievements have been made at the political level. 26

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