Texte juridique 0056/ARDC-PTA/ANS/01/02 ·…

Le rapport initial de la République Démocratique du Congo (RDC) à la Commission africaine des droits de l'homme et des peuples couvre principalement la période de mai 1997 à décembre 2001. Il présente un aperçu de la situation du pays, de son système juridique et gouvernemental, ainsi que les mesures prises pour donner effet aux droits garantis par la Charte africaine. Le rapport aborde les droits civils et politiques, les droits économiques, sociaux et culturels, et la situation des groupes…

**EMBASSY OF THE DEMOCRATIC REPUBLIC OF __________CONGO IN

PRETORIA__________**

Pretoria, 3rd May 2002

N/Ref.: 0056/ARDC-PTA/ANS/01/02

To: Mr. Kamel Rezag Bara Chairman of the African Commission on Human and Peoples' Rights, Banjul/ The Gambia

Subject: Submission of the Initial Report

Mr. Chairman,

We are honored to submit herein to the African Commission on Human and Peoples' Rights the Initial Report of the Democratic Republic of Congo (DRC) covering mainly the period from May 1997 to December 2001.

Please accept, Mr. Chairman the assurances of my highest considerations.

Signed: Professor NTUMBA LUABA LUMU Minister in charge of Human Rights Affairs

DEMOCRATIC REPUBLIC OF CONGO MINISTRY IN CHARGE OF HUMAN RIGHTS

REPORT TO THE AFRICAN COMMISSION ON RIGHTS

HUMAN AND PEOPLES'

INITIAL REPORT

OF THE DEMOCRATIC REPUBLIC OF CONGO (CONGO-KINSHASA) UNDER THE PROVISIONS OF THE AFRICAN CHARTER ON HUMAN AND PEOPLES' RIGHTS (MAINLY COVERING THE PERIOD MAY 1997 TO DECEMBER 2001).

KINSHASA, 30TH APRIL 2002

SUMMARY

Introduction

Chapter I: An overview of the Democratic Republic of Congo.

Chapter II: Legal system, government and links between institutions.

A. Legal system. B. Type of government in place. C. Relationships between institutions.

Chapter III: The National Human Rights Conference's contribution to the Human and Peoples' Rights Promotion and Protection.

A. Framework, objectives and recommendations. B. The Congolese Charter for Human and Peoples' Rights. C. The National Plan of Action for the Promotion and Protection of Human Rights. D. The setting up of the National Commission for the Promotion and Protection of Human Rights.

Chapter IV : Major domestic legal documents relating to the Human and Peoples' Rights Promotion and Protection.

Chapter V: Major regional and international human rights instruments to which the Democratic Republic of Congo is a party.

A. Regional treaties B. International agreements. C. On-going efforts at ratification.

Chapter VI : Measures taken by the Democratic Republic of Congo to ensure that rights protected under the African Charter on Human and Peoples' Rights are Effectively enjoyed.

A. Civil and political rights. B. Economic, social and cultural rights.

Chapter VII: Efforts deployed by the Government to improve the living standards of Women, children and other vulnerable groups (the situation of refugees and Displaced persons) and protect the family and its cohesion.

Chapter VIII: Relations between the Government and the Human Rights NGOs operating in the Democratic Republic of Congo.

Chapter IX : The Democratic Republic of Congo’s compliance with the provisions of the African Charter on Human and Peoples Rights in the conduct of its relations at the African and international levels.

Conclusion.

Introduction

The Democratic Republic of Congo (former Zaire) ratified the African Charter on Human and Peoples' Rights on 20th July 1987 in accordance with it's relevant provisions and by virtue of those stipulated in the ratification decree no. 87-027 of 20th July 1987.

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Documents cités dans ce texte

CITE African Charter on Human and Peoples' Rights Under the provisions of the Charter's article 62, the Democratic Republic of Congo should have submitted, since 20th July 1989 it's initial report on the measures it has taken to give effect to the fundamental rights and freedoms guaranteed by the said Charter.
CITE ratification decree no. 87-027 of 20th July 1987 The Democratic Republic of Congo (former Zaire) ratified the African Charter on Human and Peoples' Rights on 20th July 1987 in accordance with it's relevant provisions and by virtue of those stipulated in the ratification decree no. 87-027 of 20th July 1987.
CITE Decree no. 068 of 22 April 1998 related to the creation of the Fiscal Franc Decree no. 068 of 22 April 1998 related to the creation of the Fiscal Franc, whilst the ministerial order no. 022 of 30th April 1998, which was modified and complemented by the ministerial order no. 008/CAB/FIN/2000 of 17th July 2000, defined the fiscal franc's parity.
CITE ministerial order no. 008/CAB/FIN/2000 of 17th July 2000 Decree no. 068 of 22 April 1998 related to the creation of the Fiscal Franc, whilst the ministerial order no. 022 of 30th April 1998, which was modified and complemented by the ministerial order no. 008/CAB/FIN/2000 of 17th July 2000, defined the fiscal franc's parity.
CITE government decree no. 004/2001 of 31st January 2001 This has consequently led, among others, to the signing of the government decree no. 004/2001 of 31st January 2001 relating to transactions on domestic and foreign currencies in the Democratic Republic of Congo.
CITE government's decree no.131/2000 of 8th October 2000 This new text modified, among other things the government's decree no. 177 of 8th January 1999 regarding the system of transaction in domestic currency (including circular no. 283 of 11th March 1999 of the Governor of the Central Bank concerning procedures for its implementation), as modified and co
CITE bill no.003/2001 of 10th July 2001 In the hydrocarbons sector, the President of the Republic has, in particular promulgated bill no.003/2001 of 10th July 2001 regarding the financing of importation of petroleum products.
CITE Government's decree no. 82-008 of 25th February 1982 Besides Kinshasa (whose status is determined by Government's decree no. 82-008 of 25th February 1982, each region is subdivided into Districts and these are divided into divisions.
CITE bill no. 90-007 of 18th July 1990 441 parties were approved under the provisions of bill no. 90-007 of 18th July 1990, as amended by the bill no.90-009 of 18th December 1990 covering the organization and functioning of political parties.
CITE bill no. 001/2001 of 17th May 2001 This Government decree was repealed and replaced by bill no. 001/2001 of 17th May 2001 covering the organization and operations of political parties and groups.
CITE Constitutional bill no. 003 of 27th May 1997 To date, it is the Constitutional bill no. 003 of 27th May 1997 relating to the organization and the exercise of power in the Democratic Republic of Congo, as amended then, which governs the country after the suspension of what remains of MOBOTU's Transitional Constitutional text.
CITE decree no. 25/2001 of 14th April 2001 A new Government was put in place by decree no. 25/2001 of 14th April 2001.
CITE Bill no. 86-127 of 2nd May 1986 Bill no. 86-127 of 2nd May 1986 relative to the organization of the High Council of the Magistracy as amended to date;
CITE Act no. 81-003 of 17th July 1981 Act no. 81-003 of 17th July 1981 governing the status of public services employees;
CITE Legal decree no. 80-008 of 18th January 1980 Legal decree no. 80-008 of 18th January 1980 governing the attributions of the Ministry of Justice;
CITE Legal decree no. 019 of 23rd August 1997 Legal decree no. 019 of 23rd August 1997 instituting the establishment of the Military Order Court;
CITE Act no. 002/2001 of 3rd July 2001 Act no. 002/2001 of 3rd July 2001 instituting the establishment, organization and operations of the commercial courts;
CITE Financial act no. 83-003 of 23rd February 1983 Financial act no. 83-003 of 23rd February 1983 as amended and updated, particularly by the government decree no. 87-004 of 10th January 1987;
CITE circular note no. CAB/PR/DC/1.033/00 of 26th September 2000 Decree no. 018/2000 of 27th February 2000 relates to the organization and operations of the Government whilst circular note no. CAB/PR/DC/1.033/00 of 26th September 2000 of the principal private secretary of the Head of State reminds the areas of competence of the different ministries.
CITE Gombe Appeal court decision no. RCA 17,550/17,552/17,559R 25,907/96,002 The Gombe Appeal court decision no. RCA 17,550/17,552/17,559R 25,907/96,002 relating to a civil matter.