required by custom.
In line with Article 89 of the Code, a forest operator must comply with the specifications indicated
in the Annex of his forest concession contract for the development of socio-economic infrastructure for
the benefit of local communities.
xlviii. Ensure that lands expropriated from indigenous populations/communities are
given back to them or in default, compensation should be paid to them for the loss
of these lands;
In the DR- Congo, when a person or community is wronged concerning land rights, the
Law of 18 July, 1973 provides the opportunity for the injured party to go to the law courts
and tribunals to claim their rights.
The current Forestry Code guarantees the rights of local or indigenous populations by
resorting two major mechanisms, i.e. through public investigations and consultation.
xlix.
Ensure a head count of members of the indigenous populations and communities;
The DR -Congo h a s taken note of this recommendation and promises to implement it
as part of the general population and housing census being prepared for the entire
country.
l.
Take the appropriate measures towards the systematic registration of all
indigenous child births and ensure that birth certificates are issued to members of
the indigenous populations/communities
The DR Congo has taken appropriate measures with the support of its partners, in particular
UNICEF, for the systematic birth registration of all Congolese children including indigenous
children.
li.
Take the necessary measures to recognize the right of access by the indigenous
populations/communities to healthcare while respecting their traditions and
practices and their ways of life;
The DR Congo h a s taken note of the recommendation and has implemented it. Indeed,
traditional medicine is incorporated into the national health policy.
lii.
Conduct an enquiry into the causes of massive violations of the rights of
indigenous populations/communities committed in Ituri and bring the
perpetrators to justice;
The DR Congo ha s taken note of this recommendation. Indeed, all the perpetrators of the
massive human rights abuses in ITURI and other parts of the country have been brought
before the law courts either locally or to the International Criminal Court
liii.
Accelerate the consideration and enactment by Parliament of the recent draft bill
on environmental management and conservation;
The draft bill in question has been enacted by Parliament and promulgated by the Head of
State. This is in reference to Law No. 11/09 of 9 July, 2011 on the fundamental principles
governing environmental protection. Another Law was also passed and promulgated in 2014.
This refers to Law No. 014/003 of 11 February, 2014 on the conservation of nature.
liv.
Take the necessary measures for the implementation of the Convention on the
Management of Lake Tanganyika, the Agreement on the Exploitation and
Production of oil with Angola and the Conservation and Sustainable Management
of Forest Ecosystems Treaty in Central Africa;
The DR Congo h a s taken note of this recommendation and has implemented it. Indeed,
the necessary measures have been taken for the implementation of these different
legal texts.
lv.
Take appropriate measures to guarantee the rights of workers in the extractive
industries;
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