the Beijing Platform and the Biannual National Gender Report, the second edition of which is
being prepared with the support of UNDP.
All these reports bring up difficulties which slow down the implementation of national laws
and international legal instruments on the elimination of discrimination against women.
These include, in particular the non-popularization of international, regional and subregional legal instruments ratified by the DRC and its own laws related to the promotion of
women, the persistence of mentalities, stereotypes and discriminatory socio-cultural
practices against women as well as the inadequacy of financial resources allocated to gender
equity and equality.
ACCESS TO JUSTICE, INCLUDING LEGAL ASSISTANCE AND THE TRAINING OF
LAW ENFORCEMENT AGENCIES (ARTICLE 8)
117. In terms of access by women to justice and equal protection before the law, Article 12 of
the Constitution of the DRC provides that all Congolese are equal before the law and have the
right to equal protection under the law. The organic law No. 13/011-B of 11 April, 2013 on the
organization, functioning and competence of the courts under the judiciary allows men and
women to have access to legal and judicial services. Legal assistance is automatically given to
any person who is unable to seek a counsel of their choice.
118. Furthermore, in terms of sexual violence, access to justice by survivors is free, and at the
same time, they enjoy legal assistance. Moreover, the Criminal Code which hardly punished
certain offences (rape, public indecency) currently punishes close to 17 offences under sexual
violence as a result of the passage of laws in 2006 on sexual violence.
119. By way of administrative measures, the Ministry of Justice and Human Rights has adopted
a number of Orders and Circular Notes ordering the exemption of legal fees for women victims
of rape and reminded judges to implement international human rights Conventions which take
precedence over any conflicting domestic legislation and the specific measures for women in
the criminal system from the preliminary investigation through the trial to the execution of
sentence. It is also important to point out among the achievements, the budgetary provision
for civil society organizations which monitor cases of women and girls who are victims of rape.
Legal clinics are organized by these organizations where the victims of sexual violence receive
free legal assistance. In addition, mobile courts are organized in nearby courts where the act
of sexual violence is committed to promote local-level justice and awareness raising among
sections of the society regarding the rights of women.
120. Among the initiatives taken to facilitate access to justice by all men and women, the
government has worked to strengthen the judicial apparatus, particularly by recruiting judges
and establishing magistrates’ courts in all the provinces. Moreover, the witnesses and the
victims of sexual violence enjoy special protection.
121. To raise awareness and educate the population on the respect for women’s rights since
2006, lots of activities have been organized regularly : awareness raising is carried out by the
government and civil society against sexual violence and early marriages with the support of
technical and financial partners, sixteen (16) days of activism against VSBG, advocacy among
traditional chiefs for the elimination of harmful practices against women and girls with the
support of the MONUSCO Gender Bureau, the judicial audit of sexual violence in the Tshangu
District in Kinshasa with the NGOs as well as the community mobilization for the prevention
of sexual violence and HIV/AIDS with the support of UN Women.
122. In the Democratic Republic of Congo, all the initiatives on the improvement of access by
women to judicial assistance and services are encouraged and supported by the government.
This applies to associations and civil society which is concerned with promoting women and
children’s rights, particularly the Association of Women Lawyers of the Congo (AFEJUCO), the
Africa League Zone for Human Rights, Students and School Pupils (LIZADEEL). Among the
administrative measures, it is appropriate to also indicate the existence of a free judicial
assistance system among the Bar Associations in which lawyers are automatically appointed
by Presidents of Bar Associations to assist victims of sexual violence benevolently. Indeed, to
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