bring deprived and vulnerable people closer to the justice system, including women and
children, an Order was made on the organization of judicial assistance. It must also be noted
that juvenile courts have been established; Courts in Kinshasa and the provinces have been
rehabilitated and reconstructed, etc.
123. However, in spite of the hopes raised by the laws on sexual violence and their initial
enforcements which led to the imprisonment of a number of criminals, it must be noted that
some women victims of sexual violence have still not received compensation in respect of civil
damages ordered by judges. The lack of satisfactory judicial redress for women victims of
sexual violence leads to the loss of confidence in the courts by the victims, and this creates a
deeper gap between men and women in terms of access to justice.
124. Though, generally, the Congolese criminal Code establishes offences and sentences in an
impersonal manner and therefore non-discriminatory, it must be admitted that some
difficulties remain, particularly de jure and de facto discrimination in the Congolese criminal
justice system. Concerning the offence of adultery, there has been flagrant discrimination
against women. Quite often, it is the woman who is condemned whereas the offence of
adultery, whether it is caused by man or woman must be punished in equal measure. The
revised Family Code has provided a positive ruling on this issue.
125. Thus, the Ministry of Women, Family and Children’s Affairs and its partners are calling for
the philosophy of the Congolese criminal law to be reviewed in order to develop a new criminal
code based on human rights, dignity of the human being and equality among men and women
while seeking to provide specific protection to the most vulnerable, particularly women
subjected to outmoded customs and freedom-destroying stereotypes.
126. The difficulties include the non –popularization of laws and mechanisms established to
promote access by women to justice and the poor knowledge on the part of the magistrates,
lawyers, court clerks and prison personnel about international and regional legal instruments
on the rights of women and gender.
127. The national consultations on justice organized recently in the country undertook a diagnosis
and made recommendations to rectify this deplorable situation.
128. Among the progress achieved, there is the need to mention the development of policies and
programmes with strategic pillars, among others, to improve access by women to justice, the
major ones are: the STAREC programme, an important aspect of the fight against sexual
violence has been implemented and coordinated by the Minister of Women, Family and
Children’s Affairs, the National Strategy for Combating Sexual and Gender-based Violence,
the judicial system reform programme which has enabled magistrates’ courts to be established
in the major cities of the country. Regarding the protection of women’s rights, the Procedural
Code also specifies that the physical search of the body of a woman should be done by another
woman in an enclosed location. The same rule is applicable to the judicial police officers
working at the borders and prison officers. Moreover, in the prisons, men and women are
lodged in separate cells and quarters. Thus, in Congolese prisons, there are spaces for men
and quarters for women.
129. With regard to the equitable representation of women in judicial institutions and those
responsible for law enforcement, the DRC government initiated a recruitment drive of new
magistrates in 2010 and 2011 based on competitive entrance organized by the Higher Judicial
Council: out of 2000 magistrates recruited, at least 400 of them were women.Tables No. 4 and
5 indicate the representation of women and men in the judicial bodies and the Congolese
National Police.
POLITICAL PARTICIPATION AND DECISION-MAKING (ARTICLE 9)
130. In this thematic area, the government’s vision is to promote the implementation of gender
equality as prescribed by country’s Constitution. Indeed, Article 14 explicitly raises the option
and request of the public authorities to ensure the elimination of all forms of discrimination
against women and to ensure the promotion and protection of their rights, in particular the
right of women to equal representation in national, provincial and local institutions. This
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