mandates the State to take measures to combat all forms of violence against women in public
and private life. More precisely, Article 15 of the Constitution requires public authorities to
ensure the elimination of sexual violence, international treaties and agreements
notwithstanding, any sexual violence committed against any person, with the intention to
destabilize or to displace a family or to make a whole people disappear, is established as a
crime against humanity punishable by law.
152.
Thus, to translate this clearly expressed will into action in this country’s fundamental
law, two laws were promulgated on 20th July, 2006, in particular, Law No.06/018 of 20 July,
2006 on sexual violence amending and complementing the Decree of 30 January, 1940 the
Congolese Penal Code; and Law No. 06/019 of 20 July, 2006, amending and complementing
the Decree of 6 August, 1959 which enacted the Congolese Criminal Procedure Code. Among
the innovations brought about by these two laws to date in relation to the legislation in force
is the establishment of the various forms of sexual violence previously not included as an
offence in the criminal code, the definition of rape in accordance with international standards
applicable to this subject matter, as well as the determination of the relevant sanctions.
153.
In order to contribute to the prevention and reduction of sexual and gender-based
violence, the improvement of holistic care for survivors of violence and rehabilitation of
perpetrators of these acts, a national strategy to combat gender-based violence was developed
in 2009 by the Ministry of Gender Affairs. This strategy, coupled with an action plan, defines
the government’s policy and actions needed to address this canker. The SNVBG comprises five
(5) components, namely: (i) fighting impunity (ii) ensuring protection and prevention, (iii)
undertaking security sector reforms (iv) ensuring multisectoral assistance, as well as (v) data
and mapping.
154.
To monitor the implementation of the SNVBG and other strategies developed for the
promotion of women’s rights and the fight against various forms of violence perpetrated
against women, young women and girls in the DRC, a national agency to combat violence
against women (AVIFEM)
(AVIFEM) was established and a National Fund put in place to
promote and protect women and children (FONAFEN); these bodies are now operational,
although they often confronted with financial challenges. The same situation applies to the
Study and Planning Unit for the Promotion of Women, the Family and Child Protection (CEPFE)
a strategic structure at the Ministry of Gender Affairs, which among others, is responsible for
the collection, processing and publication of statistical data on violence committed against
women and children.
155.
To ensure the monitoring of sectoral policy implementation within the framework of the
Growth and Poverty Reduction Strategy Paper (DSCRP II), the interministerial Committee in
charge of steering the said strategies, created several sectoral thematic groups as discussion
forums, among which are the Gender Thematic Group (GTG), one of which sub-groups
addresses sexual and gender-based violence issues. The purpose of this sub-group is to
promote dialogue between the government, financial and technical partners, civil society
organisations and the private sector in the implementation of policies, strategies, plans and
programmes related to the fight against sexual and gender-based violence. This group has
representations at the provincial level.
156.
With regard to trafficking of women or their involvement in scientific or biological
experiments without their consent, the country has not yet recorded any such case. However,
isolated cases of trafficking or attempted child trafficking have been reported; people involved
in such acts have been arrested and brought before competent judicial authorities. The
Government is considering the establishment of a High National Authority on the adoption of
children
Harmful practices inflicted on women, including female genital
mutilation (Article 5)
157. Harmful practices defined by the MAPUTO Protocol relate to any behaviour, attitude or
practice which negatively affects women’s fundamental rights such as the right to life,
healthcare, education, dignity and physical integrity.
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