27/5 Report of the Working Group on the Universal Periodic Review - Democratic Republic of the Congo

GE.14-07547 (E) 150714 160714

*1407547*

Human Rights Council Twenty-seventh session Agenda item 6 Universal Periodic Review

Report of the Working Group on the Universal Periodic Review*

Democratic Republic of the Congo

* The annex to the present report is circulated as received.

United Nations A/HRC/27/5

General Assembly Distr.: Limited 7 July 2014 English Original: English/French

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Contents Paragraphs Page

Introduction ............................................................................................................ 1–4 3

I. Summary of the proceedings of the review process ............................................... 5–132 3

A. Presentation by the State under review .......................................................... 5–26 3

B. Interactive dialogue and responses by the State under review ....................... 27–132 5

II. Conclusions and/or recommendations ................................................................... 133–137 13

Annex

Composition of the delegation ......................................................................................................... 27

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Introduction

1. The Working Group on the Universal Periodic Review, established in accordance with Human Rights Council resolution 5/1 of 18 June 2007, held its nineteenth session from 28 April to 9 May 2014. The review of the Democratic Republic of the Congo was held at the 3rd meeting on 29 April 2014. The delegation of the Democratic Republic of the Congo was headed by Mumba Matipa Wivine, Minister of Justice and Human Rights. At its 10th meeting held on 2 May 2014, the Working Group adopted the report on the Democratic Republic of the Congo.

2. On 15 January 2014, the Human Rights Council selected the following group of rapporteurs (troika) to facilitate the review of the Democratic Republic of the Congo: Algeria, Kuwait and the United States of America.

3. In accordance with paragraph 15 of the annex to resolution 5/1 and paragraph 5 of the annex to resolution 16/21, the following documents were issued for the review of the Democratic Republic of the Congo:

(a) A national report submitted/written presentation made in accordance with paragraph 15 (a) (A/HRC/WG.6/19/COD/1); (b) A compilation prepared by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b) (A/HRC/WG.6/19/COD/2); (c) A summary prepared by OHCHR in accordance with paragraph 15 (c) (A/HRC/WG.6/19/COD/3).

4. A list of questions prepared in advance by Belgium, the Czech Republic, Germany, Liechtenstein, Mexico, the Netherlands, Portugal, Spain, Sweden and the United Kingdom of Great Britain and Northern Ireland was transmitted to the Democratic Republic of the Congo through the troika. These questions are available on the extranet of the universal periodic review (UPR).

I. Summary of the proceedings of the review process

A. Presentation by the State under review

5. The delegation of the Democratic Republic of the Congo stressed that, since the country’s participation in the first cycle, the Government had made considerable efforts to promote and protect human rights.

6. In the political and diplomatic domains, the delegation recalled the initiatives that had led to the signing of a number of agreements, including the Peace, Security and Cooperation Framework for the Democratic Republic of the Congo and the Region, of 24 February 2013, and the Nairobi Declaration of 12 December 2013.

7. The delegation mentioned the reform of the defence sector. Thanks to this restructuring and the support of the special intervention brigade established pursuant to Security Council resolution 2098, the Congolese Armed Forces had destroyed the Mouvement du 23 mars and re-established the State’s authority in hitherto occupied areas.

8. Regarding justice sector reform, the delegation stated that the Government had embarked on an extensive long-term programme, triggered by the entry into force of the 2006 Constitution. The Acts on the organization and functioning of the Court of Cassation,

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the Council of State and the Constitutional Court had been adopted by parliament and promulgated by the President, and the establishment of those high courts was imminent.

9. Regarding the struggle against impunity, the delegation emphasized that the legislative branch had awarded the appeals courts jurisdiction over matters of genocide, war crimes and crimes against humanity perpetrated by individuals under their jurisdiction or that of the tribunaux de grande instance (courts of major jurisdiction). In order to punish serious human rights violations committed in the past 20 years, the Minister of Justice and Human Rights had drafted a bill on the establishment, organization and functioning of specialized chambers, which had been adopted by the Cabinet and transmitted to parliament for consideration.

10. The delegation highlighted the adoption by parliament of the Act on the implementation of women’s rights and equality and the bill on the organization of urban, municipal and local elections, which provided for additional seats to be reserved in all municipal and local councils for those unelected female candidates who received the highest number of votes.

11. The delegation pointed out that the National Human Rights Commission had been established and that the National Assembly was in the process of appointing the commissioners.

12. The delegation stated that war was both a cause and an aggravating circumstance of sexual violence because such violence was used to destroy society. In 2009, a national strategy against sexual and gender-based violence had been adopted and piloted in the Eastern part of the country with a view to being rolled out nationwide.

13. The delegation pointed out that the Government had signed a joint statement with the Special Representative of the Secretary-General on Sexual Violence in Conflict in 2013. A monitoring plan had been devised and the President would shortly be appointing a personal representative on sexual violence.

14. The delegation stated that all alleged perpetrators of sexual violence involved in cases reported to the judicial authorities were prosecuted. Those convicted of such offences were not entitled to parole, a pardon or amnesty.

15. Regarding children in armed conflict, the delegation indicated that in 2012, the Government and the Task Force on Children and Armed Conflict had agreed on an action plan to combat the recruitment and use of children and other serious children’s rights violations committed by the Congolese Armed Forces and the security forces. The delegation pointed out that 2,894 children had left the armed forces and armed groups as a result.

16. The delegation called on the international community to support a definitive end to the war and cooperate in apprehending and bringing to justice all the perpetrators of serious human rights violations who were circulating freely in certain States.

17. In response to advance questions from a number of States, the delegation mentioned that a bill to incorporate the Rome Statute of the International Criminal Court into national legislation had been submitted to parliament.

18. Among the initiatives taken to facilitate access to justice for women victims of sexual violence, the delegation mentioned that free legal aid was available and that mobile hearings were held regularly.

19. The delegation stated that the Government was making efforts to strengthen the judicial system, including by recruiting judges and establishing magistrates’ courts in all provinces. Furthermore, witnesses and victims of sexual violence received protection from

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the special police units for the protection of women and children. The delegation added that targeted legal provisions still needed to be formulated to better ensure their safety.

20. The delegation stated that measures had been taken to improve detention conditions and that, thanks to a range of initiatives, malnutrition in prisons was declining. The Government had established a refurbishment plan for detention facilities.

21. Regarding collaboration with human rights protection and promotion mechanisms, the delegation stressed that no requests to visit the country had been denied. The delegation specified that all reports to treaty bodies should be submitted by the end of March 2015.

22. Regarding the implementation of the recommendations of the Committee on the Elimination of Discrimination against Women, the delegation reported that a bill amending the Family Code to repeal provisions that were discriminatory towards women was under consideration.

23. The delegation noted that the process of ratifying the Convention on the Rights of Persons with Disabilities was under way, but that the process for the International Convention for the Protection of All Persons from Enforced Disappearance had not yet begun. Regarding the prevention mechanism provided for under the Optional Protocol to the Convention against Torture, the delegation pointed out that, in order to avoid a plethora of systems, the mechanism’s mandate could be entrusted to the National Human Rights Commission.

24. Regarding the abolition of capital punishment, the delegation confirmed that the issue was not officially on the political agenda, but that a de facto moratorium had been in force for 10 years.

25. The delegation stated that acts of intimidation, death threats, arbitrary arrests and other human rights violations against human rights defenders had been reported in the conflict areas in the Eastern part of the country and that a bill on the protection of human rights defenders had been submitted to parliament, although it had yet to be adopted.

26. Regarding the reform of the Congolese Armed Forces, the delegation stated that the general plan consisted of three phases, which the Government intended to implement by

2025.

B. Interactive dialogue and responses by the State under review

27. During the interactive dialogue, 94 delegations made statements. Recommendations made during the dialogue are to be found in section II of the present report.

28. The Netherlands welcomed the Peace, Security and Cooperation Framework, which provided a base to implement the rule of law and prosecute those who committed crimes against humanity and other international crimes in the past.

29. While acknowledging the efforts made to strengthen human rights, Nicaragua stated that many tasks remained and resources were insufficient. It encouraged the Democratic Republic of the Congo to step up its efforts to improve the lives of its citizens.

30. The Niger commended the progress made since the last review through the adoption of legislation and improvements in education, health, access to water and job creation.

31. Nigeria urged the country to provide education and health care and ensure respect for women’s and children’s rights. It called on the international community to support the Democratic Republic of the Congo.

32. Norway believed that it was important to introduce legislation to protect human rights defenders. It stated that women were poorly represented in political bodies, while

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sexual and gender-based violence remained a widespread and serious human rights violation.

33. Paraguay commended the country for its ratification of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, approval of the Child Protection Code and issuance of a Presidential Decree ordering the demobilization of child soldiers.

34. The Philippines welcomed the reforms in laws and infrastructure in the areas of education, health, water and sanitation, and recognized that the assistance of the international community remained valuable.

35. Poland commended the adoption of a plan of action to combat the recruitment and use of children by the armed forces and security services, and the promulgation of a law envisaging the establishment of the National Human Rights Commission (NHRC).

36. Portugal welcomed the creation of the NHRC, and noted with satisfaction the joint plan of the State under review and the United Nations to combat the recruitment of children by the armed forces.

37. The Republic of Korea noted the reported progress in eliminating sexual violence, combating torture and strengthening the human rights infrastructure. It expressed concern at the human rights situation in the east of the country.

38. The Russian Federation noted the Government’s willingness to implement the recommendations of international monitoring bodies and the decisions of international and regional judicial bodies, despite the extremely complex human rights situation.

39. Namibia commended the de facto moratorium on the death penalty and the efforts to ensure gender parity.

40. Senegal welcomed progress made in implementing recommendations from the first cycle, notably by adopting policies and legislative reforms.

41. Sierra Leone noted the steps taken to implement first cycle recommendations. It expressed concern about the dire situation in parts of the country, which affected some 2.6 million internally displaced persons.

42. Singapore noted the efforts to combat sexual and gender-based violence and improve access to health care.

43. Slovakia encouraged the authorities to investigate attacks against human rights defenders and civil society representatives and expressed concern at the situation of women.

44. Slovenia welcomed the action plan to combat recruitment of children by armed forces and remained concerned by reports of prevalence of sexual gender-based violence across the country.

45. South Africa commended the policies and legislative changes, such as the establishment of a national human rights institution, and noted the State’s request for technical assistance and capacity-building.

46. South Sudan acknowledged the role of the Government in combating torture and criminalizing it as a separate offence. It welcomed the establishment of the NHRC.

47. Spain commended progress in human rights, in particular the country’s policies on integration of women in political life and the ratification of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. It acknowledged efforts to combat sexual violence against women and the de facto moratorium on death penalty.

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48. The State of Palestine welcomed the enactment of legislation to promote human rights and, in particular, to criminalize torture. It commended action in support of non- discriminatory education and the policy on free and compulsory primary education.

49. The Sudan commended action to bolster the institutional and legislative human rights framework through amendments to the Constitution and domestic legislation.

50. Sweden noted that despite progress made in addressing impunity within the security services, security agents remained responsible for violations. It urged the continuing reform of the justice sector.

51. Thailand commended the State under review for improving domestic legislation in line with its international human rights obligations. It encouraged the country to appoint the members of the NHRC and allocate sufficient resources to it.

52. The former Yugoslav Republic of Macedonia was concerned by the rights of women and children, noting that 400,000 women and children were victims of sexual violence in the country and that children continued to be recruited and detained.

53. Timor-Leste noted the positive steps taken by the State under review to protect human rights, the ratification of human rights conventions and the improvement of education and health.

54. Togo commended the efforts of the Democratic Republic of the Congo to bring an end to armed conflict and to implement the recommendations of the previous UPR cycle.

55. Tunisia welcomed measures taken to promote human rights, including the revision of the Constitution. It encouraged the country to ensure that human rights defenders and journalists could exercise their rights. It called upon the international community to provide technical assistance.

56. Uganda noted progress made in human rights: among others, the establishment of the Independent National Electoral Commission, the NHRC and the national fund for women and children.

57. The United Kingdom of Great Britain and Northern Ireland noted that serious human rights violations persisted in the country, including the murder and rape of civilians and the recruitment of children. It remained concerned by impunity, although it welcomed the country’s commitment to combat it.

58. The United Republic of Tanzania commended the country’s commitment to, inter alia, good governance and peace, institutional and judicial reform, and combating impunity. It welcomed the plan of action to prevent the recruitment of children by armed forces. It called upon the international community to provide technical assistance.

59. The United States of America welcomed the signing of the Nairobi Declarations of 12 December 2013 and encouraged the Democratic Republic of the Congo to implement the action plan on child soldiers. It welcomed the investigation into the 2012 mass rapes in Minova, but remained concerned by the slow pace of judicial and security sector reform.

60. Uruguay recognized the work carried out by the Democratic Republic of the Congo in response to previous recommendations and the ratification of international human rights instruments. It commended the adoption of a national strategy to combat sexual violence.

61. The Bolivarian Republic of Venezuela welcomed the introduction of free primary education, improved health care and safe water. It called upon the international community to support the State under review.

62. Zimbabwe noted the establishment of the NHRC, the National Agency to Combat Violence against Women and Girls and the protection unit for human rights defenders.

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63. Algeria noted the country’s constructive approach to the UPR process and to human rights, as evidenced in its constitutional and legislative reforms and the human rights institutions it had established.

64. Angola welcomed the laws introduced by the State under review and the ratification of international instruments in order to promote and protect human rights. It acknowledged the efforts for peace, namely the signature of the Addis Ababa Agreement.

65. Argentina was concerned by the human rights situation in the State under review. It noted actions taken and challenges with respect to the organization and functioning of courts and its cooperation with the International Criminal Court.

66. Australia commended the progress achieved in ending the recruitment of child soldiers, but remained concerned by the prevalence of child labour and the level of sexual and gender violence.

67. Austria encouraged the Democratic Republic of the Congo to continue its fight against impunity. It welcomed the 2012 plan of action to combat recruitment of child soldiers. It noted with concern that journalists and civil society activists had been killed in order to silence them.

68. Bangladesh acknowledged the developments made in the promotion and protection of human rights, including, inter alia, the establishment of the NHRC, and the adoption of the Child Protection Code and the decree ordering the demobilization of child soldiers.

69. Belgium welcomed the Government’s efforts to combat sexual violence and the recruitment and use of child soldiers. It remained deeply concerned by the high incidence of gender-based violence.

70. Benin commended efforts made in the implementation of recommendations from the first review, notably the adoption of a strategy and operationalization of the National Agency to Combat Violence against Women and Girls, the establishment of the NHRC and the provision of free primary education.

71. Replying to the questions asked, the delegation of the Democratic Republic of the Congo indicated that the National Assembly was responsible for appointing the members of the National Human Rights Commission. The delay in the appointment process was due not only to the National Assembly but also to the participation of NGOs, given that they had to elect their representatives to the Commission. The Government would ensure that the Commission was allocated adequate resources to allow it to function efficiently.

72. Regarding free primary education, the delegation mentioned article 43 of the Constitution, which stipulated that primary education was compulsory and free in public establishments. The Government had committed itself to refurbishing or building 1,000 schools.

73. Regarding sexual violence, the delegation pointed out that the figures cited by certain States were inaccurate and did not match those provided during the high-level panel on sexual violence. The delegation noted that the Prime Minister had considered a draft decree on establishing compensation funds for victims of sexual violence and that any relevant contributions from the international community would be welcome.

74. Regarding the promotion and protection of economic, social and cultural rights, the delegation referred to the President’s five priority development areas, the programme to modernize basic infrastructure, the programme to speed up economic growth and the establishment of the Economic and Social Council.

75. Regarding the abolition of the death penalty, the delegation noted that a bill had been submitted to the National Assembly in 2010 and explained that, faced as it was with

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the violence of armed conflict, the population was against abolition and that the bill had therefore not been adopted.

76. Regarding the election process, the delegation indicated that the Government was determined to observe the election cycle and that the new institutional framework for the organization of elections would enhance the local elections planned for 2015.

77. Regarding extrajudicial executions and other human rights violations committed by defence and security forces, the delegation indicated that the problem was being addressed as part of the reform of the military and the police through the enactment of laws on the status of military and police personnel. Henceforth, specific criteria would have to be met in order to be recruited into those professions.

78. Botswana commended the country for having taken a number of legislative and institutional reforms since the last review, notably the implementation of laws pertaining to sexual violence and the provision of holistic care to victims.

79. Brazil noted with appreciation advances regarding the fight against impunity related to cases of sexual violence in conflict and specific programmes in the field of social rights.

80. Burkina Faso appreciated the ratification of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, the enactment of a law criminalizing torture, the prosecution of perpetrators of human rights violations (notably gender-based violence against women), the reform of the penitentiary system, the establishment of juvenile courts and measures to protect children from being recruited.

81. Burundi commended the delegation for the efforts undertaken to implement recommendations for the first review. It encouraged the Government to continue pursuing a free and compulsory primary education policy, and to step up its efforts to improve the functioning of the justice system.

82. Cape Verde welcomed the adoption, inter alia, of a decree for the demobilization of children from the armed forces and the Child Protection Code, as well as the criminalization of charges of child witchcraft, the criminalization of torture and the moratorium on capital punishment.

83. Canada asked what action the Democratic Republic of the Congo proposed to take in response to the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) report on progress made and obstacles encountered in the fight against impunity of gender-based violence.

84. The Central African Republic encouraged the Government to enact a law to promote and protect the rights of indigenous peoples based on the United Nations Declaration on the Rights of Indigenous Peoples.

85. Chad noted with satisfaction that the State under review was a party to the core international human rights instruments and that it took vigorous action to guarantee economic, social and cultural rights.

86. Chile recognized efforts made and encouraged the country to ratify the international instruments listed in the OHCHR report and, in particular, to enact legislation to implement the Rome Statute of the International Criminal Court.

87. China commended action taken since the first review, in particular to alleviate the impact of the armed conflict, such as measures to reduce poverty and increase employment, investment in primary education, health and rural infrastructure, and efforts to eliminate violence against women.

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88. The Congo welcomed, inter alia, efforts to provide free primary education and in the area of health, and the adoption of a National Strategy on Combating Sexual and Gender- Based Violence.

89. Costa Rica commended the legislative initiatives taken by the Democratic Republic of the Congo to protect vulnerable groups, and action to prevent human trafficking and violence against women and children. It encouraged the State to strengthen the NHRC.

90. Côte d’Ivoire welcomed measures taken to support the education and health-care sectors, reform of the judicial system with a view to guaranteeing access to justice for all, and action aimed at countering gender-based violence.

91. Croatia welcomed the adoption of the plans of action to combat the recruitment and use of children by the armed forces. It expressed concern with gender-based violence and urged the Government to allocate resources to reduce child mortality.

92. Cuba commended the efforts undertaken to implement recommendations from the first review, notwithstanding the challenges faced. It noted plans for the rehabilitation of school facilities, an increased budget for education and the reduction of poverty.

93. The Czech Republic acknowledged the complex security challenges faced by the Democratic Republic of the Congo. It welcomed the ratification of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.

94. Djibouti took note of efforts for constitutional and institutional reforms and appreciated the steps being taken to ratify a number of international instruments.

95. Ecuador acknowledged the efforts to implement previous recommendations on education and commended the accession to the Convention on the Rights of Persons with Disabilities and its Optional Protocol and measures to access health care.

96. Ghana commended the accession to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and the ratification of the Rome Statute of the International Criminal Court. However, it was concerned by the challenges facing the national judicial system, including the severe shortage of judges.

97. Estonia encouraged the Government to implement the provisions of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, to appoint members to the NHRC and to adopt a bill abolishing the death penalty.

98. Ethiopia commended the process started by the State under review to ratify the Convention on the Rights of Persons with Disabilities, the introduction of free primary education and the adoption of a national strategy to combat sexual and gender-based violence.

99. Finland welcomed the Government’s commitment to facilitating access to justice and fighting impunity. It asked how civil society could contribute to the process of establishing specialized mixed chambers in the national judicial system.

100. France welcomed the convening of a high-level panel on sexual violence against women in the Democratic Republic of the Congo, and urged the authorities to redouble their efforts in that regard.

101. Gabon welcomed the priority accorded to education, health, access to safe drinking water and persons with disabilities. It encouraged the country to promote increasingly effective action against sexual violence.

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102. Germany expressed concern about the overall human rights situation in the Democratic Republic of the Congo, despite progress achieved. It emphasized that accountability was of the utmost importance for victims and for restoring stability.

103. Iraq commended action to update the legislative and judicial systems by enacting human rights laws and regulations. It also commended efforts to eradicate violence against women and children by prosecuting the perpetrators.

104. Guatemala welcomed the ratification of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Rights of Persons with Disabilities and its Optional Protocol. It shared the concern of the Committee on Economic, Social and Cultural Rights about the killing of persons with albinism and the use of their organs for witchcraft ceremonies. It acknowledged improvements.

105. Hungary encouraged the authorities to provide the necessary financial and logistic support to the NHRC. It deplored the number of victims of sexual violence and that free education was not guaranteed.

106. Indonesia welcomed the ratification of several treaties and the establishment of the Independent National Electoral Commission and the National Agency to Combat Violence against Women and Girls. It considered that priority should be given to addressing sexual and gender-based violence.

107. Egypt commended the new policies and legislative changes aimed at advancing human rights and welcomed the establishment of the NHRC.

108. Ireland expressed grave concern about sexual and gender-based violence and impunity for such crimes. It encouraged the State under review to continue to implement the Addis Ababa Agreement. Ireland was also concerned by high under-5 mortality.

109. Israel welcomed the signing of peace declarations and hoped that the Government would continue to oppose the ongoing violence perpetrated by rebels against civilians. It underlined the importance of strengthening accountability mechanisms.

110. Italy asked whether any measures were envisaged to protect the human rights of the most vulnerable, including allocating budgetary and human resources to address the situation of women victims of sexual violence, abandoned children and detainees held in harsh conditions.

111. Japan was concerned by sexual violence, children forced labour and trafficking. It called for the eradication of impunity and urged the establishment of an independent judicial system. It encouraged the development of effective mechanisms to protect and provide relief for internally displaced persons.

112. Latvia noted the establishment of the NHRC and the adoption of the plan of action to combat child recruitment, but remained concerned by violence against women and children. It encouraged efforts to bring national policies and legislation into line with relevant international instruments.

113. Lesotho commended the country on establishing the NHRC, developing the National Strategy on Combating Sexual and Gender-Based Violence and enacting the Child Protection Code.

114. Libya welcomed the establishment of the NHRC, the development of a national education strategy providing for free primary education and the adoption of a National Strategy on Combating Sexual and Gender-Based Violence.

115. Lithuania remained concerned by the magnitude of sexual violence and its use as a weapon of war, the recruitment and use of children by armed forces and groups, and the

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lack of implementation of the Government’s commitment made during the first UPR to abolish the death penalty.

116. Luxembourg welcomed measures to end the recruitment and use of child soldiers and the establishment of the NHRC, and encouraged targeted and sustainable action in those areas. It remained concerned by sexual violence and ongoing impunity.

117. Madagascar encouraged continued efforts to eradicate sexual violence. It urged the Democratic Republic of the Congo to ratify the international treaties recommended during the first UPR.

118. Malaysia recognized the numerous challenges hindering the advancement of human rights due to the armed conflict, but encouraged the Government to continue efforts to improve the situation.

119. Mali welcomed initiatives to protect children and promote gender equality. It encouraged the Government to step up efforts to promote and protect the rights of all persons living in the country.

120. Mauritania noted the accession to the Treaty on the Harmonization of Business Law in Africa, the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Rights of Persons with Disabilities and its Optional Protocol.

121. Mauritius commended the strengthening of the legislative and institutional framework for human rights and measures taken to step up efforts to combat sexual and gender-based violence and to protect women and children from violence.

122. Mexico was concerned by the significant number of children stigmatized for witchcraft. It urged the State under review to take steps to raise public awareness of the Convention on the Rights of the Child and to eliminate this scourge.

123. Montenegro commended efforts to address violence against women, including adopting a national strategy and establishing a national agency. It asked whether additional steps would be taken to address sexual violence and assist victims.

124. Morocco supported the political reforms by the State under review and its ongoing efforts to ensure human rights, despite constraints. It welcomed action taken in the areas of freedom of expression and information and education.

125. Mozambique commended steps taken to combat sexual violence, but was concerned that efforts had not reached all parts of the country. It encouraged the implementation of the remaining recommendations of the first UPR cycle.

126. Rwanda appreciated that the report had been prepared with the full participation of civil society. It welcomed ongoing efforts to promote and protect human rights, as reflected in the adoption of new legislation.

127. Switzerland was concerned by the lack of progress in combating sexual violence and violence against human rights defenders, and by widespread corruption and impunity within the judiciary. It stressed the importance of cooperation with the International Criminal Court.

128. Romania acknowledged developments since the last UPR, but remained concerned by the lack of progress in key human rights. It hoped to see further sustained efforts to promote and protect all fundamental rights and freedoms.

129. Returning to the issue of sexual violence, the delegation of the Democratic Republic of the Congo stressed that the country’s national statistics showed that 40,000 women had been raped in the country, and not the 400,000 mentioned by some delegations.

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130. Regarding the internally displaced, the delegation said that the Government was striving to achieve their return, repatriation and reintegration.

131. On enhancing the business environment, the delegation stated that setting up businesses and promoting entrepreneurship were at the heart of the Government’s efforts.

132. In conclusion, the delegation emphasized that the Government was aware of its responsibility towards its citizens to improve the human rights situation and that it would continue its efforts until all forms of discrimination and violence were eradicated.

II. Conclusions and/or recommendations** 133. The recommendations formulated during the interactive dialogue/listed below enjoy the support of the Democratic Republic of the Congo:

133.1 Take necessary steps to ratify or accede to major international human rights instruments which are still outstanding (Lesotho); 133.2 Ratify the International Convention for the Protection of All Persons from Enforced Disappearance (CPED) (Tunisia); 133.3 Ratify CPED (France); 133.4 Ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (Portugal); 133.5 Ratify the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (OP-CEDAW) (Portugal); 133.6 Consider ratifying OP-CEDAW (Paraguay); 133.7 Consider adhering to the Convention relating to the Status of Stateless Persons (Nicaragua); 133.8 Adopt legislation in accordance with the Rome Statute of the International Criminal Court and have a thorough discussion in Parliament on the establishment of mixed chambers, in order to guarantee fair trials for those who have committed crimes against humanity (Netherlands); 133.9 Adopt provisions prohibiting polygamy, early marriages, female genital mutilation and levirate (Israel); 133.10 Fulfil its commitments under the Peace, Security and Cooperation Framework for the Democratic Republic of the Congo and the Region to comprehensively fight against all armed groups, in particular the Forces démocratiques de libération du Rwanda (Rwanda); 133.11 Provide more resources and intensify implementation of programmes that would better ensure protection of women and children from abuse and violence (Philippines); 133.12 Ensure sufficient resources so that the National Human Rights Commission (NHRC) can fully carry out its mandate (Republic of Korea); 133.13 Attend to the appointment of members of the NHRC to enable it to commence its work (Zimbabwe);

** The conclusions and recommendations have not been edited.

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133.14 Facilitate shortly the visit of the Special Rapporteur on the situation of human rights defenders (Uruguay); 133.15 Increase efforts to prevent and punish episodes of extrajudicial executions and illegal or arbitrary detentions (Italy); 133.16 Pursue the reforms in the penitentiary system with a view to ending overpopulation in prisons (Djibouti); 133.17 Increase medical, judicial, psychological and socioeconomic support to victims of sexual violence (Lithuania); 133.18 Ensure access to justice and full reparation for victims and survivors (Lithuania); 133.19 Strengthen the capacities of the judiciary, including by increasing the personnel and improving its working conditions (Luxembourg); 133.20 Implement recommendations of the 2011 international election observation missions with special emphasis on the enhancement of equal participation of women in political life (Czech Republic); 133.21 Respect and promote the democratic principle of the right to participate in public and political life without discrimination, so that everyone can pursue their activities freely and without fear of intimidation (Germany); 133.22 Continue to prioritize delivery of basic social services, such as primary education and health, giving particular attention to increasing access, improving infrastructure and curbing discriminatory practices, including in rural areas (Philippines); 133.23 Ensure allocations for the implementation of the Government’s poverty reduction strategy and ensure that international development aid is utilized for the realization of the right to an adequate standard of living (South Africa); 133.24 Make economic, social and cultural rights a first priority, which means allocating sufficient resources (Germany); 133.25 Continue the current efforts to finalize the process of adoption of a social security code and the establishment of a sustainable social security system (Egypt); 133.26 Improve access for women and girls to basic health-care services (Malaysia); 133.27 Establish a programme of medical, psychological and social assistance for teenage mothers and develop a support network for young women to continue their studies (Mexico).

134. The following recommendations enjoy the support of the Democratic Republic of the Congo which considers that they are already implemented or in the process of implementation:

134.1 Ratify the Convention on the Rights of Persons with Disabilities (CRPD) (Poland); 134.2 Ratify CRPD (France); 134.3 Consider ratifying CRPD (Paraguay); 134.4 Ratify CRPD (Tunisia);

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134.5 Implement the Rome Statute of the International Criminal Court into domestic law, as recommended previously (Australia); 134.6 Implement the Rome Statute of the International Criminal Court in law and practice (Botswana); 134.7 Fully align its national legislation with the Rome Statute, including by incorporating provisions to cooperate promptly and fully with the International Criminal Court and to investigate and prosecute individuals found guilty of genocide, crimes against humanity and war crimes effectively before its national courts (Estonia); 134.8 Adopt national legislation implementing the Rome Statute (Finland); 134.9 Take necessary measures to combat impunity, by incorporating the Rome Statute into domestic legislation (France); 134.10 Align its national legislation with all obligations under the Rome Statute, including by incorporating the provisions enabling cooperation with the Court (Latvia); 134.11 Incorporate expeditiously in domestic law the Rome Statute, to which the Democratic Republic of the Congo is party (Luxembourg); 134.12 Fully cooperate with the International Criminal Court for all open cases, especially for the execution of arrest warrants issued by the Court (Switzerland); 134.13 Conclude quickly the alignment of its domestic legislation with the provisions of the Rome Statute (Tunisia); 134.14 Adopt legislation for the implementation of the Rome Statute of the International Criminal Court (Paraguay); 134.15 Fully implement the Rome Statute of the International Criminal Court (Poland); 134.16 Strengthen measures to protect women victims of rape during conflict, by integrating these measures in legislation (Madagascar); 134.17 Revise the Family Law to ensure gender equality (Norway); 134.18 Adopt provisions prohibiting polygamy, early marriage and female genital mutilation (Poland); 134.19 Withdraw the discriminatory provisions contained in their Family Code and adopt the draft law on gender equality (Israel); 134.20 Accelerate its efforts to establish the national human rights institution in line with the Paris Principles (Tunisia); 134.21 Complete the nomination of members of the NHRC with a view to render it operational, if not done so yet (Niger); 134.22 Operationalize the NHRC and strengthen its capabilities in the technical, human and financial fields for better protection of human rights (Morocco); 134.23 Continue efforts for the establishment of a national human rights institution with an “A” status in conformity with the Paris Principles (Portugal);

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134.24 Establish a national human rights commission, provide it with necessary resources for its proper functioning and ensure its conformity with the Paris Principles (France); 134.25 Speed up its efforts to ensure the functioning of the Commission in accordance with the Paris Principles on national human rights institutions (Indonesia); 134.26 Ensure that human rights defenders can exercise their rights without interference and ensure the effective establishment of the NHRC (Switzerland); 134.27 Implement article 3 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OP-CAT) and immediately establish an independent national mechanism for the prevention of torture with the mandate to visit all places of detention (Czech Republic); 134.28 Continue working towards the establishment of a national mechanism for the prevention of torture (Guatemala); 134.29 Establish a national preventive mechanism to prevent torture (South Sudan); 134.30 Establish the national mechanism for the prevention of torture under OP-CAT and appoint an independent and qualified expert, provided with necessary resources to exercise its mandate (Uruguay); 134.31 Establish a national agency aimed at preventing sexual and gender- based violence and at ensuring access to justice for these victims (Netherlands); 134.32 Continue its reforms to improve policies and programmes towards promotion and protection of all human rights (Lesotho); 134.33 Further improve and implement the relevant laws and policies to better protect the rights of women and children (China); 134.34 Step up efforts on gender promotion, the protection of children’s rights and the fight against acts of sexual violence as envisaged in the national strategy in this regard (Niger); 134.35 Strengthen its protection for vulnerable groups, particularly women, children, persons with disabilities, the elderly and ethnic minorities, and adopt corresponding national legislation on the protection of those vulnerable groups (Russian Federation); 134.36 Strengthen measures to protect vulnerable persons (Senegal); 134.37 Ensure implementation of new measures to improve the business and investment climate in the country (South Africa); 134.38 Continue promoting a dialogue and national reconciliation to achieve peace and move towards the development of country (Nicaragua); 134.39 Extend its sovereign jurisdiction to the protection of the people of the country and take concrete steps to eliminate all negative forces operating in the eastern part of the country (Uganda); 134.40 Pursue ongoing efforts and negotiations that have as an objective to end the recurring armed conflicts in the eastern province of the country (Côte d’Ivoire);

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134.41 Actively pursue its cooperation with United Nations mechanisms and the international community to restore security and establish the rule of law (Japan); 134.42 Cooperate with the International Criminal Court (Uruguay); 134.43 Collaborate with the special procedures mandate holders (Chad); 134.44 Strengthen its cooperation with the special procedures of Human Rights Council by responding positively to pending visit requests (Latvia); 134.45 Undertake activities to eliminate stereotypes, identifying the obstacles that hinder women from taking up their rightful place in society (the former Yugoslav Republic of Macedonia); 134.46 Strengthen the implementation of measures and provisions to eradicate all forms of discrimination and violence against women and girls (Chile); 134.47 Combat all forms of discrimination against persons with albinism (Guatemala); 134.48 Take all measures necessary to ensure the implementation of the Plan of Action, including the provision on birth registration (also late birth registration) free of charge, effective implementation of the free and compulsory primary education policy and access to basic health-care services (Slovenia); 134.49 Adopt measures to prevent the possibility of extrajudicial executions and to fully prevent the use of torture by State Security Forces (Spain); 134.50 Investigate all cases of torture and ill-treatment in detention, as recommended previously (Austria); 134.51 Try all perpetrators of torture, regardless of rank (Australia); 134.52 Take necessary measures to prevent any threat against human rights defenders and ensure their effective protection (Spain); 134.53 Adopt as soon as possible the law protecting human rights defenders (Sweden); 134.54 Take adequate measures for better protecting human rights defenders and journalists (Djibouti); 134.55 Establish a training programme for penitentiary, judicial and security personnel to ensure its consistent application (State of Palestine); 134.56 Make further efforts to improve the penitentiary system (Russian Federation); 134.57 Enact specific legislation to eradicate all sexual gender-based incidents of violence and punish the perpetrators of sexual violence (Namibia); 134.58 Strictly enforce the 2006 law on sexual violence and its zero tolerance policy (Norway); 134.59 Take more effective measures to combat incidents of sexual violence and intensify efforts to implement its reintegration and rehabilitation policies for victims of gender-based violence (Sierra Leone);

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134.60 Take adequate measures to reduce and eradicate incidents of sexual gender-based violence committed by armed elements and establish and strengthen accountability mechanisms (Slovenia); 134.61 Continue its efforts to eradicate violence against women and children and continue implementing the national strategy to fight against sexual violence in order to eliminate this phenomenon (Sudan); 134.62 Double its efforts in its fight against sexual violence against women and girls (the former Yugoslav Republic of Macedonia); 134.63 Intensify the efforts to combat effectively violence against women and girls and prosecute perpetrators (Togo); 134.64 Ensure that perpetrators of crimes of sexual violence are consistently brought to justice, and guarantee the protection of witnesses and survivors (United Kingdom of Great Britain and Northern Ireland); 134.65 Continue efforts towards the elimination of violence against women in all conflict areas, female genital mutilation and early and forced marriage (Paraguay); 134.66 Continue to combat human trafficking and violence against children and women (Timor-Leste); 134.67 Strengthen legal and policy frameworks, programmes and coordination measures to address child labour and sexual exploitation of children (Namibia); 134.68 Improve training of security forces with regard to combating sexual violence against women and girls and ensure accountability of perpetrators (Austria); 134.69 Strengthen the implementation of the National Strategy against Sexual and Gender-Based Violence by accelerating the judicial system and security sector reform, in order to improve access to justice, protect the population and guarantee the right to the security of persons (Canada); 134.70 Implement a zero tolerance policy to eradicate all forms of sexual and domestic violence against women (Costa Rica); 134.71 Investigate and prosecute all perpetrators of serious human rights abuses, especially acts of rape and sexual violence, regardless of their rank and affiliation (Croatia); 134.72 Develop appropriate mechanisms to prevent all forms of violence against women, effectively prosecute perpetrators of such violence and provide adequate redress for victims (Slovakia); 134.73 Implement the July 2013 recommendations of the Committee on the Elimination of Discrimination against Women, focusing on the recommendations under paragraph 10 and, inter alia, investigate violations of women’s rights committed by Congolese security forces and armed groups and ensure access to justice for all women affected by sexual violence during the conflict (Czech Republic); 134.74 Create a framework for the socioeconomic rehabilitation and reintegration of women victims of sexual violence in the regions affected by the conflict (Djibouti);

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134.75 Intensify the fight against sexual violence and the prosecution and punishment of those responsible (Senegal); 134.76 Strengthen the efforts aimed at fighting against violence and sexual slavery and at providing medical, legal, psychological and socioeconomic assistance to victims (Ecuador); 134.77 Investigate, prosecute and punish systematically all cases of sexual violence against girls and women, organize awareness-raising campaigns on the subject of sexual violence and put in place a national hotline (Hungary); 134.78 Exert more efforts to provide care to victims of sexual violence in collaboration and assistance with its partners and the international community (South Sudan); 134.79 Continue its efforts to address sexual and gender-based violence, in particular by developing effective mechanisms to prevent violence against women and girls (Indonesia); 134.80 Continue its efforts to eliminate gender-based violence and enhance public security (Singapore); 134.81 Investigate, prosecute and take all adequate measures to reduce and eradicate incidents of sexual gender-based violence committed by armed elements (Israel); 134.82 Strengthen the ability to prevent and combat the impunity that often surrounds sexual violence, first of all by prosecuting and bringing to justice those responsible for these crimes (Italy); 134.83 Continue its efforts to implement the national strategy of November 2009 to combat sexual violence and fulfil its action plan, which includes the fight against impunity, the protection of victims and security sector reform (Libya); 134.84 Increase the protection of victims of sexual violence by providing them with the necessary support to facilitate their psychological and physical rehabilitation (Luxembourg); 134.85 Continue implementing effectively the 2006 law on sexual violence and the zero tolerance policy (Madagascar); 134.86 Adopt additional measures aimed at providing assistance for victims of sexual violence and combating this scourge (Argentina); 134.87 Strengthen without delay the measures to fight against sexual violence and amplify efforts to ensure gender equality and women’s participation in peacebuilding, as recommended previously (Switzerland); 134.88 Continue the efforts for the protection of children and the elimination of violence against them (Algeria); 134.89 Accelerate the implementation of legislation prohibiting the worst forms of child labour (Madagascar); 134.90 Take all measures to eliminate child labour and illegal mining (Australia); 134.91 Intensify the fight against the exploitation of children in all its forms (Cape Verde); 134.92 Prevent and eradicate child labour through a national strategy (Chile);

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134.93 Ensure the elimination of the sale and trafficking of children for sexual exploitation (Egypt); 134.94 Take immediate measures in order to comply fully with the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (OP-CRC-AC) (Lithuania); 134.95 Adopt additional measures within the Action Plan to fight against forced recruitment of children aimed at the prevention, protection and social reintegration of such minors (Spain); 134.96 Step up the efforts to ensure the non-recruitment and demobilization of child soldiers (Togo); 134.97 Develop and implement a new disarmament, demobilization and reintegration programme for dealing with armed groups, ensuring that former combatants are given realistic opportunities to reintegrate into the community and that children involved with armed groups are treated in line with international law (United Kingdom of Great Britain and Northern Ireland); 134.98 Continue to work to ensure full implementation of Security Council resolutions 1325 and 2122 on women, peace and security, including by increasing the active and equal participation of women in peacebuilding initiatives and decision-making processes at all levels (Ireland); 134.99 Ensure that children captured by the Forces armées de la République démocratique du Congo are treated primarily as victims, that they have access to justice and that their reintegration into their communities is facilitated (Austria); 134.100 Further strengthen specific plans for the demobilization of children and their social reintegration (Brazil); 134.101 Ensure that as part of the national disarmament, demobilization and targeted reintegration programme, special attention is given to the rights of women and children, particularly to prevent repeated recruitment by armed groups and to ensure that they can enjoy their fundamental rights (Canada); 134.102 Ensure that the national legislation enables the establishment and exercise of jurisdiction on war crimes related to conscription, recruitment and use of children in armed conflict (Costa Rica); 134.103 Continue the actions aimed at duly implementing the Action Plan to fight against the recruitment and use of children and other serious violations of the rights of the child by the armed forces and security services of 2012, and of the National Action Plan against the worst forms of child labour of 2011 (Ecuador); 134.104 Fully implement the plan of action to combat the recruitment and use of child soldiers (Germany); 134.105 Implement the Action Plan to end the recruitment and use of children, signed at the United Nations in 2012 (Lithuania); 134.106 Install a vetting mechanism to remove persons responsible for serious human rights and child rights violations from the security forces (Austria); 134.107 Take further steps to strengthen the independence of the judiciary, including by allocating sufficient resources and adequate training to judges and prosecutors (Thailand);

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134.108 Create a strong, independent judiciary by training more judges, prosecutors and court clerks and establishing mixed chambers (United States of America); 134.109 Seek assistance to increase the number and scope of its magistrate courts to address the many legal problems it faces (Sierra Leone); 134.110 Concentrate efforts to establish an independent, efficient, responsible and properly resourced judicial system (Chile); 134.111 Pursue judicial reform to improve access to justice by promoting a better geographical coverage and upgrading the prison administration (Morocco); 134.112 Take the necessary measures to ensure the independence of the judiciary and create specialized mixed chambers in support of judgements of crimes under international law (Switzerland); 134.113 Continue activities aimed at strengthening the judiciary and promoting access to justice, including through expanding the provision of free legal aid to victims of sexual violence, training members of the judiciary to fight against sexual violence and promoting awareness against the stigmatization of victims (Brazil); 134.114 Take measures to complete the reforms in the judicial system and in the defence and security sectors (Djibouti); 134.115 Give priority attention to addressing the challenges faced by the national judicial system, including implementing the zero tolerance policy for perpetrators of violations of international human rights and humanitarian laws in the Democratic Republic of the Congo (Ghana); 134.116 Provide gender-sensitive human rights education to all police and military, and try all perpetrators of sexual and gender-based violence, regardless of rank (Australia); 134.117 Continue strengthening the judicial system in order to put a real end to impunity for human rights violations (Republic of Korea); 134.118 Pursue its efforts to improve its justice system and its commitment to fight against impunity (Timor-Leste); 134.119 Hold accountable security forces who commit human rights violations, including those involving child soldier recruitment and sexual violence (United States of America); 134.120 Continue the efforts to attain the respect for the rights and fundamental freedoms of the entire population, and adopt all necessary measures to guarantee the fight against impunity of perpetrators of crimes, acts of violence and all human rights violations (Argentina); 134.121 Investigate, prosecute and punish all cases of summary and extrajudicial executions, and provide adequate compensation to victims (Chile); 134.122 Take necessary measures to ensure that individuals suspected of committing crimes under international law and other serious human rights violations are thoroughly investigated and brought to justice (Botswana); 134.123 Ensure that civilian officials or military personnel implicated in providing support to foreign or Congolese armed groups responsible for crimes

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against humanity are suspended from their positions, investigated and appropriately prosecuted (Croatia); 134.124 Strengthen efforts to enhance the capacities of law enforcement agencies and judicial organs (Ethiopia); 134.125 Engage firmly against sexual violence, ensure the right of victims to obtain justice and redress, combat persistent impunity and strengthen the capacities of the national agency fighting against sexual violence (France); 134.126 Improve support to victims of sexual violence and facilitate their access to justice, notably by simplifying the administration of justice and their access to medical and psychosocial care (Belgium); 134.127 Adopt specific additional measures to strengthen the fight against impunity with regard to cases of sexual violence against women and provide greater care for victims (Spain); 134.128 Strengthen the capacities of judicial institutions in order to bring those responsible for sexual violence to justice (Lithuania); 134.129 Take all necessary measures to facilitate access for victims to justice and ensure that they obtain redress (Luxembourg); 134.130 Strictly enforce relevant laws, with equal emphasis on care and rehabilitation, and prosecute those responsible in order to provide meaningful results and ensure the protection of women and children, especially in the eastern part of the country (Thailand); 134.131 Take all necessary steps to ensure freedom of the media and duly address all cases of restrictions on the media (Slovakia); 134.132 Assure transparent and credible elections by ensuring freedom of peaceful assembly and expression for all persons, including members of political parties, candidates and members of the press (United States of America); 134.133 Bring all perpetrators of violence against journalists and human rights defenders to justice and ensure that journalists and human rights activists are able to pursue their activities, including by expressing criticism of government policies, without intimidation and harassment (Austria); 134.134 Ensure that the freedoms of expression and peaceful assembly are respected in conformity with international standards and that members of political parties, journalists and human rights activists are able to exercise their activities and to criticize the Government without being subject to intimidation, reprisals or harassment (Belgium); 134.135 Enhance the engagement towards increasing the role of civil society, especially by widening the space for political debate and ensuring the right of human rights defenders, opposition parties and journalists to freely carry out their activities (Italy); 134.136 Ensure that the rights to freedom of expression and peaceful assembly are respected and all citizens, including journalists and human rights defenders, are able to pursue their activities without intimidation (Romania); 134.137 Revise the election law to guarantee a 30 per cent representation of women on electoral lists, as this would be positive step towards equality (Norway);

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134.138 Continue the promotion of economic and social development, and maintain domestic peace and stability to provide a solid basis for the protection and promotion of human rights (China); 134.139 Continue its efforts to improve the public health and education systems, as a mean to reduce poverty and to advance in the economic and social development of the country (Cuba); 134.140 Continue making progress on the fight against poverty, with the appropriate social policies for its people, in particular for those most in need, with the cooperation and technical assistance that the country requires (Venezuela (Bolivarian Republic of)); 134.141 Continue to take measures to eradicate poverty and to ensure better access to education and health care (Morocco); 134.142 Pursue and deploy in the whole territory the programmes and projects for the development of rural infrastructure, in particular those aimed at guaranteeing access to drinking water (Côte d’Ivoire); 134.143 Ensure the effective implementation of the national strategy to combat maternal and infant mortality and to increase access for women and girls to basic health-care services (Egypt); 134.144 Ensure the effective implementation of the national strategy on maternal and child mortality, including through addressing root causes of under-5 mortality, such as poverty, undernutrition, harmful practices, and lack of access to safe drinking water, health-care services and education (Ireland); 134.145 Continue, in cooperation with the relevant international organizations, to improve access to quality health care for all its people (Singapore); 134.146 Implement policies to ensure free education throughout the country (Namibia); 134.147 Continue allocating adequate funding for education to increase the number of schools and teachers, improve the quality of teaching and school infrastructure and ensure equal access of girls to all levels of education (State of Palestine); 134.148 Enhance efforts to provide free quality education in all parts of the country (Sudan); 134.149 Ensure the effective implementation of free primary education throughout the country (Timor-Leste); 134.150 Strengthen measures to progressively ensure free primary education (Ethiopia); 134.151 Allocate at least 25 per cent of the national budget for education and eliminate all discretional fees in order to ensure free primary education for all children (Hungary); 134.152 Consider adopting legal provisions to ensure that primary education is free and compulsory for all children without discrimination (Egypt); 134.153 Extend the free primary education policy throughout the country (Zimbabwe);

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134.154 Ensure adequate funding for education to increase the number of schools and teachers and ensure equal access of girls to all levels of education (South Africa); 134.155 Continue its efforts to include awareness of human rights within the school curricula (Libya); 134.156 Continue its efforts to provide free primary education for all throughout the country (Malaysia); 134.157 Allocate adequate funding to improve its education system (Malaysia); 134.158 Continue the implementation of the strategic plan for the development of literacy and non-formal education 2012–2016 (Algeria); 134.159 Ensure that primary education is free and of quality and contains special programmes for the local population, including Pygmies (Mexico); 134.160 Pay particular attention to indigenous Pygmy peoples, in order to guarantee their access to land and natural resources (Benin); 134.161 Continue working towards the recognition of indigenous peoples at the national level (Guatemala); 134.162 Ensure land rights of indigenous communities within protected natural parks, in particular Pygmies. Likewise harmonize projects of greenhouse gas reduction, deforestation reduction and forest degradation in line with the United Nations Declaration on the Rights of Indigenous Peoples (Mexico); 134.163 Put in place adequate measures to protect civilians, in particular innocent women and children, in any situation of armed violence, and to create the necessary conditions to abate the present situation of the millions of internally displaced persons (Ghana).

135. The following recommendations will be examined by the Democratic Republic of the Congo which will provide responses in due time, but no later than the twenty- seventh session of the Human Rights Council in September 2014:

135.1 Ensure that all persons, including members of the national army, the police and intelligence service, who are suspected of having committed crimes of international law and other grave human rights violations, are brought before the courts in fair trials that do not lead to the death penalty (Belgium).

136. The recommendations below did not enjoy the support of the Democratic Republic of the Congo and would thus be noted:

136.1 Consider the ratification of CPED and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW) (Cape Verde); 136.2 Consider ratifying ICRMW (Ghana); 136.3 Take appropriate steps to ratify various international treaties including the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty (ICCPR-OP-2) and OP-CEDAW (Romania); 136.4 Abolish the death penalty in law and ratify ICCPR-OP-2 (France);

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136.5 Remove the death penalty from its criminal statutes and ratify ICCPR- OP-2 (Australia); 136.6 Abolish the death penalty and ratify ICCPR-OP-2 (Germany); 136.7 Ratify ICCPR-OP-2 and provide for the de jure abolition of the death penalty (Hungary); 136.8 Abolish the death penalty and sign and ratify ICCPR-OP-2 (Portugal);1 136.9 Ratify the OP-CRC-AC (Portugal); 136.10 Become a party to the UNESCO Convention against Discrimination in Education (Chad); 136.11 Ratify the UNESCO Convention against Discrimination in Education (Tunisia); 136.12 Undertake constitutional and legislative reforms aimed at the full abolition of the death penalty (Spain); 136.13 Amend the Criminal Code as to abolish the death penalty (the former Yugoslav Republic of Macedonia); 136.14 Adopt a law abolishing the death penalty (Togo); 136.15 Adopt a law to abolish the death penalty (Benin); 136.16 Ensure the implementation of an official moratorium on all executions, commuting death penalty sentences by imprisonment periods, with a view to the definitive abolition of the death penalty (Uruguay); 136.17 Take all necessary measures to implement the commitment to abolish the death penalty (Argentina); 136.18 Take again into consideration the possibility to soon abolish the de jure death penalty (Italy); 136.19 Intensify its efforts to establish an official moratorium on the use of the death penalty with a view to abolishing it, and in the meantime immediately remove all provisions on national laws which are in breach of international human rights law (Lithuania); 136.20 Adopt a law abolishing the death penalty (Montenegro); 136.21 Abolish the death penalty in order to allow abolitionist countries to consider the possibility of extraditing persons suspected of having committed crimes in the Democratic Republic of the Congo (Rwanda); 136.22 Ensure the speedy adoption of the law on protection of human rights defenders by the Parliament and its immediate and effective implementation (Czech Republic); 136.23 Adopt a law on the protection of human rights defenders (Mali); 136.24 Combat violations and violence against human rights defenders, particularly by adopting a law protecting them (France);

1 The text of the recommendation as read during the interactive dialogue: “Abolish the death penalty

and sign and ratify the two Optional Protocols to the ICCPR (Portugal).”

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136.25 Adopt urgently legislation for complementarity with the Rome Statute and provide means for implementation (Sweden); 136.26 Ensure its domestic legislation establishes universal jurisdiction over war crimes, especially with regard to the use of children in hostilities and sexual violence, including rape (Sierra Leone); 136.27 Enhance engagement with regional and international partners to gather support, as it may deem necessary, for building structural and operational capacities and augmenting existing human rights mechanisms (Philippines); 136.28 Request the international community assist the Democratic Republic of the Congo in strengthening the operational capacities of its provincial human rights divisions within the country (Uganda); 136.29 Strengthen its cooperation with the United Nations, through a standing invitation to all special procedures of the Human Rights Council and by submitting reports due on the application of international human rights instruments that the country is part of (Portugal); 136.30 Issue an open invitation to the United Nations special mechanisms (Uruguay); 136.31 Issue an open invitation to Special Procedures (Guatemala); 136.32 Eventually consider extending a standing invitation to all special procedures mandate holders (Latvia); 136.33 Formalize its acceptance of the special procedures by issuing a standing invitation to all special procedures (Montenegro); 136.34 Fully cooperate with the Human Rights Council Independent Expert on technical cooperation and advisory services in the Democratic Republic of the Congo (the former Yugoslav Republic of Macedonia); 136.35 Establish — with the involvement of the Congolese civil society and the support of the international community in the process — independent and impartial specialized mixed chambers within the national judicial system to address crimes committed under international law and other serious human rights violations (Finland); 136.36 Investigate without delay allegations of arbitrary detention of journalists, activists and political opponents and report before the holding of the local elections (Canada); 136.37 Free all persons arrested as a result of their political opinion or because they took part in peaceful demonstrations, and ensure that charges against them are dismissed (Belgium); 136.38 Ensure the full enjoyment of freedom of expression and of the press by removing all of the restrictions imposed, including by decriminalizing defamation, in accordance with its obligations under ICCPR and its commitment taken during the previous review (Estonia).

137. All conclusions and/or recommendations contained in the present report reflect the position of the submitting State(s) and/or the State under review. They should not be construed as endorsed by the Working Group as a whole.

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Annex

[English/French only]

Composition of the delegation The delegation of the Democratic Republic of the Congo was headed by H.E. Ms.

Mumba Matipa Wivine, Minister of Justice and Human Rights, and composed of the following members:

• S.E. Mme Mumba Matipa Wivine, Ministre de la justice et droits humains, Chef de la délégation;

• Mme Bandui Samene Thembela Joséphine, Secrétaire général aux droits humains;

• M. Mutomb Mujing Sébastien, Ministre conseiller et chargé d’affaires a.i, Mission RDC-Genève;

• M. Mwilanya Wilondja Néhémie, Conseiller juridique principal du Chef de l’État; • M. Manaswala Lobsang Serge, Chargé d’études au Cabinet du Premier Ministre de

la RDC;

• M. Lukunda Vakala-Mfumu Richard, Directeur de Cabinet, Ministère du genre, famille et enfant;

• Mme Kenda Bakajika Annie, Directrice des services juridiques au Ministère du genre, famille et enfant;

• Mme Ambu Sibela Fatou, Chargée d’études à la CEPFE du Ministère du genre, famille et enfant;

• M. Mpinda Munuina Albert, Chef de Division aux droits humains;

• M. Kudura Bin Issa, Conseiller du Ministre de la justice et droits humains; • M. Ingoli Bolamba Jean-Baptiste, Chef de Division au Secrétariat général des droits

humains;

• M. Mutangala Muana Ngongo Jean-Pierre, Conseiller du Ministre de l’enseignement primaire, secondaire et professionnel;

• M. Itumbu Majiko Philippe, Conseiller du Ministre des affaires sociales; • M. Mukole Kapila, Représentant du Ministère de la défense nationale;

• M. Kisunda-Visi Pedro, Collaborateur extérieur, Mission RDC-Genève.