Capital punishment is prohibited by Article 79, paragraph c and rehabilitation is favoured. A
social reintegration clause is part of the objectives of the penalty, as reaffirmed the provisions
of Articles 83, 84 and 85 of the Child Protection Act which states:
"At all stages of the proceedings, it must be ensured to the child assistance in housing,
education and vocational training, employment or another form of useful and practical help to
facilitate reintegration . "(Art. 83); "Volunteers, duly authorised voluntary organisations,
local authorities and other institutions work towards the child's reintegration in an appropriate
institution and as far as possible, within the family unit. "(Art. 84); "The training and the
treatment of children in institutions aim to provide him/her support, protection, education and
professional skills to help reintegrate into society. "(Art. 85).
The third axis of the judicial protection action plan for children in conflict with the law is
dedicated to improving the quality of educational support and reintegration of children:
Through (i) revitalisation of educational action services in an open environment; (ii) the
creation of educational action services in an open environment; (iii) completion of the
rehabilitation and equipment of the juvenile centre in Brazzaville (iv) the construction and
equipment of the juvenile centre of Pointe-Noire; (v) the construction and equipment of a
shelter for underage girls in Brazzaville; (vi) recruitment and / or training of administrators;
(vii) promotion and empowerment of associations, NGOs and private centres offering to care
for children in moral danger or child offenders; (viii) the creation of departmental offices for
judicial protection of childhood.
The establishment of such a mechanism would benefit from operational services.
4. Drug Abuse
About children involved in drug use, in the absence of a study to understand the extent of the
phenomenon, an epidemiological survey of drug users in the Republic of Congo was
conducted in 2004 in Brazzaville, Dolisie and Ouesso by the Department of Scientific
Research. The survey showed that in a sample of 239 people surveyed in specialised services
(police, customs, prisons, psychiatric services). With regard to the age, 2.87% of drug addicts
were under 18 years (the first contact with drug mainly is around 8 years), 27.69% were aged
between 19 and 25, 64.92% were aged between 26 and 35 years. The phenomenon of militias
and its extension were born out of idleness and misery caused by of underemployment and
unemployment, especially among young people. Cocaine, heroin and cannabis sativa are the
main drugs that are accessed by the population of Congo. The problem of use of drugs and
alcohol affects children living on the streets, young people and several war veterans. In the
department of Brazzaville, drug use has dramatically increased in recent years, where
alcoholism prevalence rate in 2005 was the highest, up 28.3% for some parts of the city.
Alcohol consumption is not subject to strict national legislation and the phenomenon
continues to spread, bringing with it problems such as risky sexual behaviour and increased
violence.
The Congolese law of 12 July 1916 on narcotics and its implementing decrees of 30
December 1916 and 5 March 1918 were adopted in order to punish offenses relating to the
import, trade, possession, like poisonous substances. This law was supplemented by the
Decree of 29 August 1926, which extended its scope to cultivation of these substances. In
addition, Congo has acceded to the conventions below:
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