stages to be implemented in the area of agriculture in Cairo. In June, 2002, the country then
adopted the Comprehensive African Agricultural Development Programme (CAADP) in June,
2002 in Rome, before signing the agreement committing member countries to devote at least
10% of their national budgets to agricultural investments in July, 2003 in Maputo.
274. Concerning available remedies, there is the unit of agricultural inspectors for the
settlement of disputes arising out of agricultural activities organized throughout the country.
Where necessary, these administrative remedies may lead to legal remedies.
275. The following are some of the difficulties encountered in the implementation of the rights
protected by the MAPUTO Protocol:
The low purchasing power of consumers and inadequate addition of value to agricultural
produce;
Difficulties in accessing agricultural credit;
Low productivity of the plant, animal and fish sub-sectors;
Persistent inadequate budgetary allocation;
Dualistic land regime wavering between the law and traditional authority;
Poor financing capacity of the agricultural sector (investments);
Deterioration of the living conditions in the rural areas.
RIGHT TO DECENT HOUSING (ARTICLE 16)
276. The Congolese people continue to face serious housing problems, with an estimated annual
housing stock deficit of 240,000 units in 2008. While the average household size is 5.4 persons,
two-thirds of the households live in units made up of less than 3 rooms. The towns are
characterized by inhabitants building by themselves on risky lands without any form of
planning and the necessary accompanying infrastructure. The main constraints to the
development of social housing are: (i) lack of specialized private or public operators (land
planners, property developers and funding institutions), (ii) ineffectiveness of the land
management system, and (iii) lack of incentives for better urban management.
277. To address this issue, the Government intends to carry out several activities, including the
following: promoting the construction of social housing units, improving the regulatory
framework of the sector (through the formulation and passage of the town planning
code, passage of legislation on the protection of private property, land tenure and
leasehold) as well as formulating urban development plans and, establishing housing
funding institutions such as the Bank for Housing.
278. In the area of legislative measures, the country has enough laws to adequately implement
the specifically protected housing rights for men and women:
Article 48 of the Constitution of 18 February, 2006, guarantees the right to decent
housing for men and women;
Article 138, Paragraph 3 of the Labour Code stipulates that working women are
entitled to housing or a housing allowance. Article 139, Paragraph (a) stipulates that
a ministerial order issued upon the advice of the National Labour Council determines
cases for which housing must be provided, its maximum repayment value and the
conditions it must fulfil, particularly with regard to sanitation and the protection of
women and young girls who do not live with their families.
279. Furthermore, the country has acceded to the United Nations Resolution 66/207 on housing
and development and to the Universal Declaration of Human Rights which mentions adequate
housing for all... in Article 25.
280. At the institutional level, it is the Ministry of Urban Development and Housing which is
tasked with the design and implementation of housing policies and programmes. It has a
Housing Research Unit and a National Rural Housing Department (SENHARU). However, it
should be noted that this sector is confronted with numerous challenges as a result of the
lack of financial resources.To regulate this sector, the ministry has issued several Orders,
including the following:
Order No. 001/CAB/MIN URB-HAB/CJ/AP/2010 of 11March, 2010 on the regulation
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