HIV/AIDS (ARTICLE 14 (1) (d))
234. With regard to HIV/AIDS and sexually transmitted infections, and referring to Article 14 l(d)
of the Maputo Protocol, the Democratic Republic of Congo is dealing with the protection of the
rights of persons living with and affected by HIV/AIDS, particularly as it relates to
discrimination and stigmatization. Armed with Presidential Decree No. 04/029 of 17 March,
2004 on the establishment and organization of the National Anti-AIDS Multisectoral
Programme (PNMLS) and Statutory Instrument No. 08/011 of 14 July, 2008 and its
implementation, the country has since been demonstrating a firm determination
235. to wage a serious national onslaught mainly through the involvement of national leadership
(the Head of State) and the establishment of the various monitoring and evaluation organs at
the local, provincial and national levels. In fact, the National Anti-AIDS Programme (PNLS) has
been established to stop and reverse the spread of HIV/AIDS; it coordinates all anti-HIV/AIDS
activities and ensures the sensitization of the population and care for AIDS patients and
orphans.
236. The PNMLS is under the authority of the President of the Republic. The two above mentioned
national legislative measures constitute an effective legal basis for the fight against AIDS in
the DRC. Although the coverage of the national territory in terms of the availability of
antiretrovirals is still inadequate, the protection of the rights of persons in the area of HIV is
now guaranteed. The Government is making considerable efforts to improve access to health:
a law on the protection of the rights of persons living with or affected by HIV/AIDS was passed
in 2008 (Law No. 08/011 of 14 July, 2008).
237. For the protection of the specific rights of women, children and young girls, the Ministry of
Women, Family and Children’s Affairs carried out the following activities:
validated and adopted in May, 2006 the sectoral plan to combat transmissible
infections and HIV/AIDS. On the one hand, this plan ensures the implementation of
the National Anti-AIDS Strategic Plan in the gender sector;
organized a workshop on the status of legal enactments for the protection of persons
living with HIV/AIDS and women who are victims of sexual violence in order to
strengthen the fight against sexual violence and rape, which is used as a weapon of
war mainly in the Eastern part of the country;
formulated the national strategy to combat gender-based sexual violence and its plan
of action which was applied in the Eastern part of the DRC in the STAREC zone;
adopted a plan of action for Security Council Resolution 1325 in October, 2010, one of
whose thematic areas deals with women and HIV/AIDS.
238. With regard to limited access to anti-retrovirals, a roadmap was formulated to fast-track
universal access to prevention, treatment and care from 2007 to 2010.
However, it is important to note that the period 2005-2010 was full of activities aimed at
preventing and combating HIV/AIDS.
239. In addition to the mechanisms for the implementation of administrative and legal measures,
several activities were carried out to sensitize the public, particularly the popularization of the
law on the protection of persons living with and affected by HIV/AIDS and the law on sexual
violence.
240. This period also witnessed a major event: the mobilization of financial resources which
enabled the implementation of the national strategic plan (2010-2014) through several
bilateral and multilateral sources.
241. Thus, the “Let’s Unite Against HIV/AIDS and for Children” and “I Condemn” or “Stop AIDS”
campaign was organized. While they were at it, the gender sector benefitted from training and
capacity building programmes for the Prevention of Mother-to-Child Transmission (PMCT),
paediatric care and the application of the laws through facilitation by legal practitioners and
population experts. Furthermore, customary leaders also benefitted from training on their role
in the preservation of age-old harmful practices like early marriage, domestic violence, etc.
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