Law No.15/001 of 12 February, 2015 amending and complementing the Law organising
presidential, legislative, provincial, urban, municipal and local elections as amended by
Law No. 11/003 of 25 June, 2011.
Law No.11/013 of 1st August, 2015 on the modalities for the enforcement of women’s
rights and parity.
Law No. 016/08 of 15 July, 2016 amending and complementing the Family Code of 1987.
Article 3: EQUALITY BEFORE THE LAW AND EQUAL PROTECTION OF THE LAW
22. Since 2007, the DRC has undertaken reforms in order to strengthen equality of all citizens
before the law and equal protection of the law.
23. In addition to the answers provided in the 2010 report, the Congolese Parliament has adopted
organic law No. 13/13/011-B of 11 April, 2013 on the organisation, operations and competence
of the courts within the judiciary, which devolves on the Appeal Courts the competency to
hear first degree criminal offence such as genocide, war crimes and crimes against humanity
committed by persons falling within the scope of their jurisdiction and that of the magistrates’
courts, but which were previously tried under only military courts.
24. It must also be underscored that in 2015, a draft bill on the protection of persons with
disabilities was presented to Parliament, including a draft bill on the protection of indigenous
peoples. These two draft bills are to ensure that vulnerable people, a category which also
comprises of people with disabilities and indigenous peoples, in particular pygmies, also receive
equal protection under the law.
Article 4: THE RIGHT TO LIFE AND PHYSICAL AND MORAL INTEGRITY
25. Beyond the relevant provisions of the Constitution of 18 February, 2006, as amended to date,
establishing the inviolability of the human being, the right to life, physical and moral integrity,
as guaranteed and protected by the African Charter on Human and Peoples’ Rights has
undergone a significant development in the DRC.
26. Thus, since 2002, the DRC has ratified the Rome Statute of the International Criminal Court,
and in 2015, the Congolese Parliament passed 4 laws on the implementation of the Statute of
the International Criminal Court. This includes, among others, Law No. 15/022 of 31
December, 2015 amending and complementing the Decree of 30 January, 1940 on the Criminal
Code; Law No. 15/023 of 31 December, 2015 amending Law No. 24/2002 of 18 December
2002 on the military criminal Code; Law No. 15/024 of 31 December, 2015 amending and
complementing the Decree of 6/8/1959 on the criminal procedure code , Law No. 15/025 of
31 December, 2015 amending and complementing Law No. 023/2002 of 18 November, 2002
on the military judicial code.
27. Though these initial laws have been promulgated and published in the official gazette, the
latter has, to date, not yet been promulgated and disseminated.
28. In any case, in 2015, the Congolese lawmakers wanted to comply with the requirements of
the Statute of the International Criminal Court which does not provide for the death penalty
as constituting an assault to life as guaranteed and protected by the Charter and other relevant
human rights legal instruments.
ARTICLE 5: RIGHT TO THE RESPECT OF HUMAN DIGNITY, RECOGNITION OF LEGAL
STATUS AND THE RIGHT NOT TO BE SUBJECTED TO TORTURE, SLAVERY AND
SLAVE TRADE.
29. In a bid to add to and update what has already been said in the tenth periodic report, the DRC
has adopted strong measures to demonstrate its commitment to the African Charter on Human
and Peoples’ Rights and its genuine will to effectively address violations of the respect of human
dignity, and to maintain the recognition of the legal status and the right not to be subjected
to torture, slavery and slave trade.
30. Thus, the Constitution of 18 February 2006 as amended to date specifies in Article 16 that
human life is sacred. The State is duty bound to respect and to protect that life. Every individual
has the right to life, to physical integrity and to freely develop their personality by respecting
the law, public order, the rights of others and good moral standards. No human being can be
held in slavery or related conditions. No individual can be subjected to inhuman, cruel or
degrading treatment and no one can be held under forced or compulsory labour.
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