among others, judicial service reforms. On this issue, the laws mentioned below have been
promulgated, Organic Law No. 13/00-B of 11 April, 2013 on the organisation, operations
and the responsibilities of the judiciary; Organic Law No.13/010 of 19 February, 2013 on
the procedure before the Court of Cassation and the Law on the organisation and functioning
of the Constitutional Court. On the other hand, the Supreme Court of Justice has been split
into 3 new courts, namely the Council of State, the Court of Cassation and the Constitutional
Court.
xli.
Ensure the effective implementation of the legal
programme in collaboration with the Bar Association
and judicial assistance
The legal and judicial assistance in collaboration with the various Bar Associations of
the DRC exists and operates normally as stipulated in Part B of this report. .
xlii.
Establish reliable statistics and strengthen policies and plans to promote the
enjoyment of economic, social and cultural rights in the DRC by laying emphasis on
gender mainstreaming;
The DR-Congo has noted this recommendation and has implemented it. Indeed, reliable
statistics are gradually being developed including national development policies and
programmes that are more gender-sensitive. The Part B of this report adequately addresses this
thematic issue.
xliii.
Ensure
that
the
terminology
used
populations/communities complies with
instruments ;
to
refer
to
the
indigenous
international and regional legal
In the DRC, the terminology used to refer to the indigenous populations/communities is
consistent with international and regional legal instruments.
xliv.
Accelerate the ongoing legislative measures for the effective recognition of the
rights of indigenous populations/communities in the DRC and strengthen the
specific policies and programmes adopted for their benefit;
Since 2015, a private member’s bill on the protection of the rights of indigenous peoples
has been laid before Parliament. This draft bill seeks to provide equal protection before
the law to vulnerable people, in particular pygmies.
xlv.
Adopt
measures
on
affirmative
action
to
enable
the
indigenous
populations/communities to participate in the political processes and be
adequately consulted and represented in the decision-making processes regarding
projects concerning them;
The DR- Congo has taken note of this recommendation and is making efforts to ensure
the participation of indigenous populations/communities in decision-making and
implementation of projects concerning them.
xlvi.
Ensure the implementation of recommendations contained in the mission report
issued by the Working Group on indigenous populations/communities in 2009;
The DR Congo has taken note of this recommendation and has promised to implement it.
xlvii.
Carry out reform of the Forestry Code to ensure that the latter takes into account
the specific needs of the indigenous populations and guarantees the rights of the
populations and communities that depend on forest resources;
The Forestry Code of 29 April, 2002 establishes innovations which guarantee the rights of
local and indigenous communities on which the latter depend.
Under the terms of the aforementioned Code, local and indigenous communities have the
right to use forest resources to meet their needs without seeking prior authorization or
paying any taxes.
In line with Article 22 of the above-mentioned Code, a local or indigenous community may
at its own request obtain a forest commission on part or all the forests they have as
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