December 2001, which Order was revised successively on 17 April, 2007 and 12 June, 2009,
and it is made up members from the various ministries. Apart from the preparation of reports,
the Committee ensures monitoring and evaluation of the implementation of human rights
Treaties and recommendations by Treaty Bodies. The MAPUTO Protocol is part of these
instruments. The Committee also ensures the preservation of documents and keeps statistics
on the human rights situation, including all group rights.
Parliamentary Networks on Human Rights and Gender
105. The establishment of the Parliamentary Network on Human Rights in Parliament, in the
post-elections era in 2006, is a major advantage for the promotion of human rights in the
country. This network of senators and deputies is aimed at attracting the attention of the
government on key human rights issues for which urgent solution would be proffered.
Alongside this national human rights mechanism, there are also provincial and national
Parliamentary networks on gender which focus more on issues relating to the rights of women.
III MPLEMENTATION OF THE PROVISIONS OF THE PROTOCOL
1. EQUALITY/NON-DISCRIMINATION
ELIMINATION OF DISCRIMINATION (ARTICLE 2)
106. In the light of the country’s situation, characterized by persistent gender inequalities and
taking into consideration the commitments made by ratifying international and regional
instruments on the elimination of all forms of discrimination against women, i.e. the MAPUTO
Protocol, particularly Article 2, points 1 and 2, the Democratic Republic of Congo has resolved
to establish the principle of gender equality in the Constitution of the country. This principle is
implemented in all aspects of national life, economic, political, social and cultural. Indeed, the
Constitution of 18 February, 2006 prohibits in Article 13, any discriminatory measures in
education and access to public service or in any other domain.
107. Article 14 of the Constitution is more explicit as it enjoins public authorities to ensure the
elimination of any form of discrimination against women in political, economic, social and
cultural spheres and to take all necessary measures to ensure the full development and
participation of women in the development of the nation , and to fight against any form of
violence perpetrated against women in public and private life; to ensure that women enjoy
equitable representation in national, provincial and local institutions and to guarantee the
implementation of gender parity in the said institutions.
108. In order to comply with the Constitution of the country and with all international and
regional legal instruments regarding the rights of women to which the DRC has acceded, the
existing laws thereof are strictly implemented, while some of them have been reviewed and
other developed to ensure equality and non-discrimination among men and women in all
spheres of national life
109. This refers specifically to the following laws for purposes of illustration:
The framework law on primary, secondary and vocational education including
higher and tertiary education which reaffirms the principle of equality and nondiscrimination. Access to schools at all levels, to all disciplines and curricula, and
to scholarships is provided to all without any discrimination based on gender or
any other criterion.
Law No. 015/2002 of 16 October, 2002 on the new labour code, in Article 7 does
not make any distinction between men and women when concluding a labour
contract. Indeed,
this law has brought about significant innovations,
particularly, the removal of Article 3 of the previous Code of 1963 which imposed
matrimonial authorisation for married women to offer her services in proper
and due form;
Law No. 18/003 of 17 July,1981 on the status of career staff in public services
which specifies in Article 8, equal conditions of access to the public service for
men and women;
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