No.011/22 of 24 December, 2011 on the fundamental principles governing agriculture; (v)
Law No. 11/007 of 6 July, 2011 on the implementation of the Convention on the Prohibition
of Employment, Storage, Production and the Transfer of Anti-Personnel Mines and their
Destruction in the DRC; (vi) Law No. 011/009 of 9 July, 2011 on the fundamental principles
relating to environmental protection; (vii) Law No.11/003 of 25 July, 2011 amending Law
No. 06/006 of 9 March, 2006 on the organisation of presidential, parliamentary, provincial,
urban and local elections (viii) Law No. 11/014 of 17 August, 2011 on the distribution of
seats per electoral constituency; (ix) Organic Law No. 13/010 of 19 February, 2013 on the
procedure at the Court of Cassation; (x) Organic Law No.13/011-B of 11 April, 2013 on the
organisation, functioning and responsibilities of Courts under the Judiciary; (xi) Organic
Law No. 13/012 of 19 April, 2013 amending and complementing Organic Law No.10/013 of
28 July, 2010 on the organisation and operationalization of the CENI; (xii) Law No.13/005
of 15 January, 2013 on the status of the military in the Armed Forces of the Democratic
Republic of Congo; (xiii) Law No. 13/013 of 1 June, 2013 on the status of the career staff of
the National Police; (xiv) Organic Law No. 13/026 of 15 October, 2013 on the organisation
and functioning of the Constitutional Court; (xv) Law No.13/0l 1 of 21 March, 2013 on the
establishment of the National Human Rights Commission.
The DRC has also pursued efforts concerning the ratification of international human rights
Conventions. They include, among others, Accession to the Treaty for the Harmonisation of
Business Law in Africa by Law No. 10/002/ of 11 February, 2012 authorising accession of
the DRC to the OHADA Treaty and on 23 September, 2010 to the Optional Protocol of the
Convention against Torture and other Inhuman or Degrading Treatment and Punishments
and Law No. 13/024 of 27 July, 2013 on the authorisation of accession by the DRC to the
Rights of People with Disabilities and its Optional Protocol.
19. Some administrative measures were also taken by the government to enforce the different
laws passed by Parliament. They include, among others, the following measures:
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Decree No. 11/01 of 5 January, 2011 issued by the Prime Minister to determine the
jurisdictions and the ordinary seats of Juvenile Courts to ensure their establishment;
Decree No.13/008 of 23 January, 2013 on the establishment of a national humanitarian
consultative framework;
Ministerial Order No. 219/CAB/MINJ&DH/2011 of 13 June, 2011 on the establishment,
organisation and functioning of the Human Rights Defenders Protection Unit;
Orders No. 001/CAB/MIN/J&DH/2011 and No.002/CAB/J&DH/2011 on the respective
establishment of secondary seats of Juvenile Courts and the determination of their
jurisdiction and grouping of jurisdictions of Juvenile Courts for the implementation of
measures relating to their custody, education and protection;
Ministerial Order No. 063/CAB.MIN AFF SAH SN/2012 of 17 September, 2012 on the
Establishment, organisation and functioning of the corps of social assistants in the DRC;
Order for Judicial Organisation No. 029/CAB/MIN/J&DH/2013 of 28 January, 2013 on
the Establishment, Organisation and Functioning of Local Supervision Committees for
Budgetary Management of Provincial Central Prisons and Detention Camps.
MEASURES TAKEN TO GUARANTEE THE EFFECTIVE ENJOYMENT OF FUNDAMENTAL RIGHTS
RECOGNIZED BY THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS
Article 1: HUMAN AND PEOPLES’ RIGHTS, DUTIES AND FREEDOMS.
20. Notwithstanding what the DRC presented in its tenth report, the Constitution of 18 February,
2006 as amended by Law No. 11/002 of 20 January, 2011 on the review of some Articles of the
Constitution, has declared and provided guarantees for almost all the rights, duties and freedoms
stipulated in the African Charter on Human and Peoples’ Rights . This is in reference to Articles 11 to
67. They also include laws passed by Parliament for the implementation of the constitutional
provisions guaranteeing rights, duties and freedoms protected by the Charter.
Article 2: NON-DISCRIMINATION.
21. Besides what has been presented in the previous report, the enjoyment of fundamental rights
and freedoms stipulated in the Charter is guaranteed to all Congolese citizens and foreigners
living in the DRC without any distinction whatsoever. The laws cited below uphold nondiscrimination among individuals :
Law No. 118/0011 of 14 July, 2008 on the protection of the rights of persons living with
HIV/AIDS;
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