Concluding Observations and Recommendations - Congo: 1st Periodic Report, 1982-2000


V – Recommandations
The African Commission recommends that the Government of the Republic of Congo should:

47. Establish an interministerial team which shall collaborate with other actors involved in the promotion of human rights in Congo for the purpose of carrying out investigations and to prepare periodic reports.

48. Find out recurring human rights problems in Congo and provide statistics in the various cases in order to resolve them effectively.

49. Take measures to increase the rate of participation of Congolese women in all decision-making bodies.

50. Take measures and concrete steps to implement the provisions of the African Charter; that is in addition to the legislative and regulatory measures.

51. Resolve the problem that is impeding the proper functioning of the National Human Rights Commission to enable this institution to contribute to the promotion and protection of human rights in Congo.

52. Take appropriate measures for the implementation of the provisions of the United Nations Declaration on Human Rights Defenders as well as the Kigali and Grand Bay Declarations.

53. Guarantee the safety of human rights defenders in exercising their activities in accordance with the United Nations Declaration on Human Rights Defenders and the principles enshrined in the African Charter.

54. Incorporate in the next periodic report concrete steps taken to ensure the enjoyment of human rights prescribed in Articles 17 to 26 of the African Charter.

55. Incorporate in the next report practical measures taken by Congo towards the implementation of the provisions of Articles 27 to 29 of the African Charter relating to duties.

56. Provide a comprehensive list of treaties and agreements and other human rights instruments ratified by Congo.

57. Indicate in the next report measures taken by the Government relating to the implementation of the judgment on the victims of the Brazzaville Beach case and find appropriate solution for the payment of a fair and equitable
compensation to their successors.

58. Provide statistics on prisons regarding the number of prisons and the different categories and take appropriate measures to ensure adequate and full care of prison inmates.

59. Take measures to ensure compliance with the Robben Island Guidelines by its law enforcement agents.

60. Provide disaggregated statistics on HIV/AIDS in Congo as well as solutions aimed at providing ARVs and care for children.

61. Provide statistical information on indigenous peoples and detailed information on concrete measures taken towards recognizing their rights.

62. Ratify the Protocol on the Rights of Women in Africa and take legislative as well as other measures to curb violence against women.

63. Ratify the African Charter on Democracy, Elections and Governance as well as the Protocol Establishing African Court, and ensure to make the required Declaration under Article 34(6) of the said protocol.

64. Incorporate in the next report disaggregated statistics to enable the illustration of the status of implementation of the rights enshrined in the African Charter.

65. Provide statistics on the different demobilization, disarmament, re-integration, construction and peacemaking programmes including the agreements signed by Congo concerning the said programs.

66. Provide disaggregated data on reproductive health.

67. Collaborate with the Mediator in the Republic of Congo and enhance his role to enable him contribute to the promotion and protection of human rights.

68. Start translating into local languages all relevant human rights instruments ratified by Congo with the aim of ensuring a better dissemination and promoting understanding among the general population.

69. Provide disaggregated statistics on the proportion of girls and boys in schools including measures taken to reduce the disparity between girls and boys.

70. Create conditions for the promotion of better working relations between the police detective officers and the Bar with the view to ensuring a better guarantee of rights of defense.

71. Collaborate with the Bar with the view to initiating measures to ensure effectiveness in providing legal assistance.

72. Adopt appropriate measures to resolve all problems within the Congolese prison system and report on the results achieved.

73. Provide information on the conditions and treatment of delinquent children in rehabilitation facilities.

74. Provide information on the conditions of treatment of inmates in prisons,plans for renovation of prisons and the existence or non existence of prisons for women and minors.

75. Take measures to reduce the problems relating to abuses in custody as well as properly address complaints made by detainees.

76. Provide statistical information on the enjoyment of economic, social and cultural rights in Congo by placing emphasis on gender, vulnerable groups and indigenous populations.

77. Provide short, medium and long term solutions to the challenges identified in the Report ;

78. Provide information on all programs relating to the reform of the justice system and provide precise information on the program of bringing justice closer to the people.

79. Take the necessary measures to ensure the independence of judges and the smooth functioning of the Higher Judicial Council.

80. Provide statistical information on measures taken and the results achieved in relation to access of the population to potable water and electricity.

81. Inform the African Commission, in its next Periodic Report, of the steps it has taken to address the areas of concern, as well as how it has implemented the recommendations in this Concluding Observations.

Adopted at the 46th Ordinary Session of the African Commission on Human and Peoples’ Rights held from 11 to 25 November 2009, Banjul, The Gambia