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Congo - Initial, second, third, fourth and fifth periodic report of States parties [2002] UNCEDAWSPR 9; CEDAW/C/COG/1-5 (15 April 2002)

Committee on the Elimination of

Discrimination against Women

Consideration of reports submitted by States parties under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women

Initial, second, third, fourth and fifth periodic report of

States parties

Congo*

* The present report is being issued without formal editing.

Contents

Logos and abbreviations

ACBEF : Congolese Association for Family Well-being

AFA : Association of African Women

AFUF : Association of Women of the French Union

AIDS : Acquired immunodeficiency syndrome

BEPC : Certificate of secondary studies

CAAJ : Centre for Assistance and Legal Aid

CEDAW : Convention on the Elimination of All Forms of Discrimination against Women

CEG : Secondary school (general education)

CEMAC : Central African Economic and Monetary Community

CENAMES : National Centre for Essential Medicines

CEPE : Certificate of primary (elementary) studies

CET : Secondary school (technical education)

CFCM : Women’s Savings and Mutual Credit Fund

CHU : University Hospital Centre

CIF : International Committee of French Women

CM : Crafts centre

CNPOLA : National Standing Council to Combat Illiteracy

CNSS : National Social Security Fund

CNT : National Transition Council

CPN : Antenatal consultation

CRIDF : Women’s Research, Integration and Documentation Centre

CSI : Integrated Health Centre

CTA : Centre for out-patient treatment

DGAS : General Directorate of Social Affairs

DIFD : Directorate for the Integration of Women in Development

EASP : Survey of agricultural production per unit of area

EIC : Institute for Education in Communications

ENAM : National College of Administration and Magistracy

ENS : Higher Teacher Training College

ENSP : Higher National Polytechnical School

EPS : Physical education and sports

EPT : Education for All

FAC : Fund for Assistance and Cooperation

FAO : Food and Agriculture Organization of the United Nations

FSE : Department of Economic Sciences

FSH : Department of Human Sciences

FSSA : Department of Health Sciences

GDP : Gross domestic product

HIV : Human immunodeficiency virus

IDR : Institute of Rural Development

INJS : National Institute for Youth and Sports

IRC : International Rescue Committee

ISEPS : Higher Institute for Physical Education and Sports

ISG : Higher Institute of Management

IST : Sexually transmissible diseases

LT : Technical grammar school

MEPRSSRS : Ministry of primary, secondary and higher education responsible for scientific research

MIFD : Ministry for the Integration of Women in Development

MSA : African Socialist Movement

MSSAH : Ministry of Health, Solidarity and Humanitarian Action

NGO : Non-governmental organization

OHADA : Organization for the Harmonization of Business Law in Africa

OMS/WHO : World Health Organization

ONSSU : National Office for School and University Sports

PANE : National Plan of Action for Children

PCT : Congolese Labour Party

PMRU : Rural and urban micro-projects programme

PNB : Gross national product

PNDS : National Health Development Plan

PNLS : National Plan to Combat AIDS

PNPF : National Plan for the Advancement of Women

RASEF : African support network for female entrepreneurship

RESEFAC : Central African Women’s Network

RGPH : General population and habitat census

SSP : Primary health care

UDFC : Democratic Union of Congo Women

UEFA : Union for the Emancipation of African Women

UFC : Union of Congo Women

UFCVA : Union of women shopkeepers, shop assistants and craftswomen

UFMM : Union of women in the home and women members of mutual credit funds

UFP : Union of women peasants

UFT : Union of women workers

UNDP : United Nations Development Programme

UNESCO : United Nations Educational, Scientific and Cultural Organization

UNFC : National Union of Congo Women

UNICEF : United Nations Children’s Fund

UNFPA : United Nations Population Fund

URFC : Revolutionary Union of Congo Women

Introduction

Administrative map of the Congo

(Map goes on this page, with captions)

1. Captions

2. Regions

3. Regional border

4. Border of administrative division

5. Name of region

6. Towns

7. Population between 100 000 and 500 000

8. Population 40 000 – 100 000

9. Population 10 000 – 40 000

10. Population below 10 000

11. Western basin

12. Central basin

The Congo is an African State classified as a “highly indebted poor country” (HIPC). It has a modern legal system, which, however, is influenced by custom and usage. The ratification of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) reflects the public authorities’ will to promote the rights of women, who account for over 52% of the population.

The implementation of the Convention on the Elimination of All Forms of Discrimination against Women is taking place in a special context. Many advances have been achieved in theory. Practice, however, reveals the ineffectiveness of certain laws. This situation warrants the vigorous measures being organized to stimulate awareness in the sphere of human rights.

Part One

General context for the implementation of the Convention on the Elimination of All Forms of Discrimination against Women

Chapter I

Presentation of the Congo

This introductory chapter describes the Congo’s geographical, social and economic situation.

Section I

Geographical, demographic and economic situation

I. Geographical situation

The Republic of the Congo is situated in Central Africa. It is crossed by the Equator in its northern part and occupies the area between latitudes 3°30 N. and 5° S. From West to East, it lies between longitudes 11° W. and 9° E.

The Congo has a surface area of 342 000 sq. km. It is bounded by the Central African Republic and Cameroon in the North, Gabon in the West, Angola in the South and the Democratic Republic of Congo in the South-East. The Atlantic seafront is 170 km long. The relief is varied and the soil is of the hydromorphic and iron-bearing type.

The hydrographic network is extensive. The Congo River is the second largest in the world (exceeded only by the Amazon in size) and has a flow of over 70 000 cu.m per second. There are several other navigable rivers, in particular the Kouilu, Niari, Bouenza, Alima, Ngoko, Sanga, Likouala-Mossaka and “Grassy” Likouala (“Likouala aux herbes”).

The vegetation consists principally of forest and savannah.

There are three large forest massifs:

– The forest in the north of the country;

– The Chaillu massif; and

– The Mayombe forest.

These lush forests, whose exceptional wealth of fauna and flora puts the Congo among countries with an immense tourist potential, are broken up here and there by savannah.

The climate is equatorial, rainy seasons with maximum temperatures alternating with dry ones, when the rainfall is more moderate.

II. Demographic situation

The Congolese population consists essentially of Bantus and Pygmies. The total is estimated at around 2,800,000. The average population density is 7.6 inhabitants per sq. km. The breakdown by gender is 52% women and 48% men.

This population resides for the most part in two large cities (Brazzaville and Pointe-Noire); the urbanization rate is 57%. It is a young population, 75% of the inhabitants being under 45 and 45% under 15 years of age. The average life expectancy is 53 years. However, this average is showing a tendency to decline owing to the prevalence of HIV/AIDS and of certain endemic diseases (malaria, typhoid fever, etc.) The gross birth rate in 1998 was 44 per 1000 and the gross general death rate in the same year was 16 per 1000.^[1] The average annual population growth rate is 3.4%. The synthetic fertility index is 6.3 children. The maternal mortality rate is 900 deaths per 100 000 live births.

Many refugees of various nationalities (Rwandans, Burundians, Congolese from the Democratic Republic) live in the Congo, as do nationals of several foreign communities, chiefly from West Africa and Lebanon.

III. The economy

In the period after 1973, the Congolese economy was marked by a rapid growth of GDP and of public revenue due to the opening-up of new oilfields, the two oil crises of 1974 and 1979, and the rise in the US dollar/CFA franc exchange rate that took place between 1980 and 1984. This expansion enabled the Government to embark upon a five-year development plan (1982-1986), largely financed through foreign indebtedness. From 1985 onwards, State revenue prospects were considerably diminished by falling oil prices and the decline in the dollar exchangerate. The Congo therefore undertook, with the support of the international financial community, a series of structural adjustment programmes with a view to absorbing the imbalances; none of these programmes, however, could be carried through successfully and the financial decline accelerated, weakening the economy still further.

For several years now, economic activity has been in decline. The annual average GDP growth rate in real terms, which from 1970 until 1980 was 5.8%, fell to 2.4% between 1980 and 1995. In the last few years, some negative real-term rates have been recorded (- 1.2% in 1994, - 4.9% in 1995), although nominally the year 1994 saw a growth rate of 17.3% owing to strong variations in the value of the CFA franc. From 1980 to 1992, the annual per capita GDP growth rate was –0.8% as against a population growth rate of + 3%. The situation worsened still further in 1993 and 1994, when the per capita domestic product fell by 4.2 and 7.9%, respectively. Agriculture accounts for only an insignificant share of the gross domestic product. It is practised on only 2% of the country’s arable land (2,000,000 hectares). Agriculture is for the most part biological and women account for 64% of the agricultural workforce. The hardships of agricultural work are further accentuated by the archaic methods used. Almost 100% of non-industrial processing of agricultural produce is done by women. The present performances of the agricultural sector make it necessary to resort to very costly imports of food products (on average, 100 billion FCFA p.a.).

Forests form the subject of a new policy aimed, inter alia, at achieving sounder and more sustainable management of this resource, processing almost 100% of Congolese timber inside the country, and exporting timber products with a high value-added content. This policy is predicated, in particular, on changes in the institutional framework (preparation of a new forestry code, reorganization of the forestry and waterways service). Protected areas account for a total area of 2 315 000 hectares, or 6.95% of the national territory. They include two national parks, seven sanctuaries and three hunting preserves. The industrial sector consists essentially of agro-food enterprises (breweries, sawmills, bakeries, etc.) and oil industry enterprises.

In 1998, the sectoral breakdown of the GDP was as follows:

– Primary, 10.7%

– Secondary, 52.7% (including 38.1% oil industry)

– Tertiary, 29.6%.

A preponderant section of the female population is currently employed in the unofficial sector.

In the last few years Congo’s economy has been weakened by a number of factors, including: the devaluation of the CFA franc, the simultaneous decline of the oil barrel price and of the dollar exchange rate, and — more especially — the negative impact of a series of armed conflicts.

The structural adjustment programmes adopted by the Government have contributed towards reducing social spending, thus making women even more vulnerable than before. The Congo is classified among very poor highly indebted countries. The per capita income is roughly $600 p.a. (1997 figure). The gross domestic product in 1998 was 56.9 billion FCFA. The inflation rate is approximately 5%. The unemployment rate is 11.13^[2] and the foreign debt amounts to 3 000 billion CFA francs.

Section II

Legal, political and administrative system

The political, administrative and legal organization of the Congo is characteristic of countries previously colonized by France.

I. The legal system

Colonization by France, which took place in the 19th century, left the Republic of the Congo at its accession to independence on 15 August 1960 with a dual legal system.

A French-inspired form of modern law was superimposed on the customary law that had existed prior to colonization. This dualism continues to this day and is still the rule.

Congo’s legal order provides for the implementation of certain rules of an international nature that result from Congo’s membership in integration institutions. These rules are, in particular, those of the Economic and Monetary Community of Central Africa (CEMAC) and those of the Organization for the Harmonization of Business Law in Africa (OHADA). Some of these rules have a supranational character, while others are aimed at the harmonization of existing laws (in the area of business law).

II. The political system

Upon attaining sovereignty, the Congo took its destiny into its own hands. Several experiments were undertaken, to wit, the single-party and the multi-party system. Following the war of 5 June 1997, a Basic Law was adopted on 24 October 1997. It organizes the public authorities and the State during the transition period, The Executive is composed of the President of the Republic, Head of State, Head of Government, and of the Government. The Legislative is unicameral (National Council of Transition-CNT), and judiciary power is entrusted to the national courts. The multi-party system is the rule and freedom of the press is guaranteed. With the preparation of a preliminary draft of a Constitution, the Government is embarking upon the organization of the electoral process that will endow the Congo with democratically elected organs.

III. The administrative system

The administrative system is characterized by centralism, deconcentration and decentralization. The central administration consists of various ministerial departments created and organized by presidential decree. Under Decree No. 99-1 of 12 January 1999 appointing the members of the Government, the present Government is composed of 25 members. The ministerial departments have external services in the country’s eleven regions; the activities of these services are coordinated by the Prefect, who represents the State and the Government in the region. Regions are subdivided into boroughs, administrative divisions and districts.

Decentralization is the path chosen by the public authorities. The process is, however, slow. It presupposes the transfer of responsibilities, the allocation of suitable funds, elected organs and the creation of a local civil service. There also exist several public establishments of an administrative, industrial, commercial and cultural nature that attest to an ongoing process of technical decentralization.

Section III

Legal machinery for the protection of human rights

The determination of the State to ensure the protection of human rights is reflected in the ratification and signature of a number of human rights instruments, including in particular:

– The Convention on the Elimination of All Forms of Discrimination against Women;

– The International Covenant on Civil and Political Rights;

– The International Covenant on Economic, Social and Cultural Rights;

– The African Charter of Human and People’s Rights;

– The Convention against Torture.

The Basic Act of 24 October 1997 stresses the dedication of the Congolese people to the principles of democracy and human rights and affirms the sanctity of the human person. In its Section II it enshrines the fundamental rights of the human person, which is sacred. They include, inter alia: security, inviolability of the home, equality, freedom of meeting and association, the right to work, and trade-union freedoms. Any person whose rights have been infringed has the right to bring the matter before the courts. Appeals may be lodged with civil, criminal or administrative courts, depending on the nature of the case. Courts are of three levels: courts of first instance (magistrates’ court, department court); appeals courts; and the Supreme Court. The latter institution is empowered to interpret the law; it does not intervene in ordinary legal proceedings.

Chapter II

Legal, political and administrative measures adopted within the framework of the implementation of the Convention and their conformity with national legislation

Congo signed the Convention on 29 July 1980 and instituted domestic ratification procedures. It has been a party to the Convention since 26 July 1982.

Section I

The place of the Convention within the domestic legal order

Congo is a State that recognizes the existence of public international law. Ratified conventions belong to the domestic legal order and have legal value equivalent to that of the law (article 81 of the Basic Law).

By virtue of its incorporation in Congolese domestic law, the Convention has become a standard applicable within the Congolese legal order. It has the legal value of a law and citizens may invoke it as such before the Congolese courts.

Ignorance of the Convention on the part of Congolese judges, who have never yet ruled on the basis of this source of law, must, however, be deplored.

Section II

National machinery for the advancement of women

The advancement of women was initially the concern of a few individual women and groups, which later joined together to form a single organization (structured in category-based unions). The Government then decided to set up the Ministry responsible for the advancement of women.

I. Pioneers of the Congolese women’s movement

During the pre-colonial period, certain women specially distinguished themselves. They were, in particular, Tshimpa-Vita and Queen Ngalifuru. Tshimpa-Vita, acting within a religious movement known as the Antonines, waged a relentless struggle against the invader to liberate the Kingdom of Kongo. Queen Ngalifuru acted as adviser to her husband, King Makoko.

Under colonization, women were treated as second-rank beings: they were regarded only as mothers and wives and received only the most rudimentary education. In the 1950s women began to organize themselves in a variety of associations. Some of them affirmed their personalities by espousing the existentialist cause.

These associations included:

– “Caiman women”, affiliated to the UDDIA led by Fulbert Youlou);

– MSA women (leader: Jacques Opangault);

– “Diamonds”;

– “Violets”;

– “Pause”;

– “Rose”;

– “Rosette”;

– “Shining star”, and others.

A number of militant women distinguished themselves by their demands. Some went to prison on account of their activities. After independence the women’s associative movement developed and began to coalesce. This process gave birth to the Union of Congo Women (UFC) and the Democratic Union of Congo Women (UDFC), which merged in 1965 to create the Revolutionary Union of Congo Women (URFC).

URFC was the institutional mechanism in charge of women’s issues within the State Party. It was responsible for:

– The mobilization of women and the enhancement of their awareness in the day-to-day struggle for emancipation and advancement in all spheres;

– Solidarity actions on behalf of sisters in countries struggling for their independence and their territorial integrity;

– Establishing links of friendship and bilateral and multilateral cooperation with women’s and international organizations.

Until 1990 URFC held the monopoly of representing women at the national and international levels. In the struggle for the emancipation of women and their integration in the development process, it played a determining role thanks to its relations of friendship, solidarity and cooperation with women’s organizations in Africa and worldwide.

At the international level, these organizations included:

– The Soviet Women’s Committee;

– The Democratic Union of German Women;

– The Union of Czechoslovak Women;

– The Bulgarian Women’s Committee;

– The Federation of Cuban Women;

– The Organization of Romanian Women;

– The Hungarian Women’s Federation;

– The Chinese Women’s Federation, and others.

In Africa, friendly contacts were maintained with the following:

– The National Union of Algerian Women;

– The Union of Angolan Women;

– The Organization of National Union of Cameroonian Women;

– The Organization of Mozambican Women.

As part of its work of promoting peace and international cooperation, URFC took part in international meetings for disarmament and for the preservation of world peace side by side with sub-regional, regional and international organizations such as the Soviet Women’s Committee, the Federation of Cuban Women, OMA (Union of Angolan Women), PAWO (Pan-African Organization of Women), WIDF (Women’s International Democratic Federation), and MULPOC in Yaounde. It cooperated closely with MULPOC and the African Training and Research Centre for Women (ATRCW) in their capacity as subsidiary organs of the Economic Commission for Africa (ECA).

In connection with these actions, URFC held the posts of Permanent Secretary of the Women’s International Democratic Federation (WIDF) in the GDR, Resident Representative of WIDF at UNESCO, and Vice-President of PAWO at the level of the African Regional Coordinating Committee for the Integration of Women in Development (ARCC).

Following the National Sovereign Conference, when the Congo embraced the multi-party system, URFC broke up into several women’s associations. Today the Congo has 412 women’s associations, non-governmental organizations and groups nationwide.

II. Creation of the Ministry responsible for the Advancement of Women

In 1990, the committed stance of Congolese women led to the creation of the Directorate for Women’s Integration in Development (DIFD) and of the Ministry delegated to deal with the integration of women in development in 1992. The Ministry responsible for women’s integration in development was created in 1997. In January 1999, for economic reasons, the Department for the Advancement of Women was attached to the Ministry for Civil Service Affairs and Administrative Reform.

The Department’s duties include, in particular:

– Implementation of Government policy in matters relating to the advancement of women;

– Equality of men and women and enhanced support for the advancement of women;

– Collection and dissemination of national and international information concerning the role of women;

– Planning and monitoring Acts, measures and other provisions;

– Planning and monitoring all measures and provisions capable of advancing the participation of women in political, economic, social and cultural life;

– Implementation, together with the administrations concerned, of a policy of more effective support to the family, its stability and well-being;

– Collaboration with women’s associations and non-governmental organizations;

– Ensuring that the “woman factor” is taken into consideration in the programmes and policies of other ministerial departments;

– Drafting laws and regulations guaranteeing women’s rights and freedoms;

– Popularizing international treaties, agreements and conventions on women’s rights and watching over their implementation;

– Continuing the struggle for full and complete integration of women in the national development process.

III. The role of other ministerial departments

The Ministry responsible for the advancement of women holds a transversal position that brings it into contact with all other ministerial departments, which in their day-to-day activities offer various services to women. The Department for the advancement of women ensures that the gender factor is always taken into consideration in the other ministries’ plans and programmes.

The ministries in question include, inter alia:

– The Ministry of Health and Social Affairs;

– The Ministry of Agriculture and Livestock Breeding;

– The Ministry of Trade;

– The Ministry of Education;

– The Ministry of Culture and the Arts; and

– The Ministry of Justice.

Part Two

Information relating specifically to each article of the Convention

Chapter III

Constitutional and legal framework for the protection of

the rights of women

(articles 1 to 3)

Article 1

“For the purposes of the present Convention, the term ‘discrimination against women’ shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.”

Article 2

“States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake:

(a) To embody the principle of the equality of men and women in the national constitutions or other appropriate legislation if not yet incorporated therein and to ensure, through law and other appropriate means, the practical realization of this principle;

(b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women;

(c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination;

(d) To refrain from engaging in any act or practice of discrimination against women and to ensure that public authorities and institutions shall act in conformity with this obligation;

(e) To take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise;

(f) To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women;

(g) To repeal all national penal provisions which constitute discrimination against women”.

Article 3

“States Parties shall take in all fields, in particular in the political, social, economic and cultural fields, all appropriate measures, including legislation, to ensure the full development and advancement of women, for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality of men and women.”

Section I

Upholding the principle of equality between men and women and general prohibition of discrimination

I. Traditional recognition

The principle of legal equality of men and women has been enshrined in Congo’s national laws for decades.

The Constitution of 2 March 1961 referred in its preamble to the 1789 Declaration of Human and Citizens’ Rights and to the Universal Declaration of Human Rights of 10 December 1948, which formally enshrine the equality of men and women. However, article 1 confined itself to ensuring “the equality before the law of all citizens, without distinction as to origin, religion or race”. Beyond that general affirmation, the equality of the sexes was recognized only with respect to suffrage.

Article 4 of the Constitution of 2 March 1961 provided as follows:

“Suffrage shall be universal, direct, equal and secret. Congolese citizens of full age of both sexes having the exercise of their civil and political rights shall be entitled to vote under the conditions determined by law.”

The Constitution of 8 December 1963 proclaimed “the equality before the law of all citizens, without distinction as to origin, race or religion” and guaranteed that “women shall have rights equal to those of men” (article 1). For the first time in the constitutional history of the Congo, the equality of men and women was formally enshrined in a law. From that date onwards, all subsequent instruments were to affirm the equality of the sexes in the fields of private, political and social life.

Article 18 of the Constitution of 30 December 1969 provided as follows: “Women shall have the same rights as men in the fields of private, political and social life. Women shall have the right to equal wages for equal work with men. They shall enjoy the same rights with regard to social insurance.” This provision was reproduced in articles 17 of the Constitutions of 24 June 1973 and 8 July 1979.

Today, the Basic Act of 24 October 1997 by which the public authorities are governed during the period of transition upholds this constitutional tradition.

Article 14 of the Basic Act reads as follows:

“All Congolese citizens shall be equal before the law. Any action that accords privileges to nationals or restricts their rights on the grounds of ethnic or regional origin, political or philosophical opinion, religion, sex or physical status shall be deemed contrary to this Basic Act and shall be punishable in the manner provided by law.”

Article 23 of the Basic Act reads as follows:

“Women shall have the same rights as men in the fields of political and social life. For equal work, women shall be entitled to the same wage as men”.

Legal equality is also enshrined in the following laws and regulations:

– General Civil Service Statute;

– Collective agreement for public employees, 1960;

– Social Security Code;

– Labour Code;

– Criminal Code.

By way of example, Act No. 021-89 of 14 November 1989 amending the General Civil Service Statute applies to officials and agents of the State without any distinction being drawn between men and women (subject to provisions relating specifically to maternity leave).

The principle of equality of the sexes and the prohibition of discrimination do not, however, derive from national laws alone.

International conventions ratified by the Congo have a legal value equivalent to that of national laws. They form part of the body of the law and are implemented within the domestic legal order. Women can invoke them before the courts.

Article 81 of the Basic Act of 1997 reads as follows:

“Treaties or agreements that have been ratified in the regular manner shall have legal force from the date of their publication, subject to implementation by the other party in the case of each agreement or treaty.”

Thus the affirmation of equality between men and women is an undeniable fact. It has as its corollary the general prohibition of any inequality of treatment. However, the persistence of discrimination in the law, as well as of factual inequalities, is deplored.

II. Persistence of discrimination in the law

Inequalities are to be found in labour law, taxation law, criminal law and family law.

A. Special status of women in the Labour Code

Questions of night work and of rest periods for women are governed by labour laws.

1. Women’s night work

In principle, women cannot be employed for night work. However, under certain circumstances, the Ministry of Labour may, upon consultation of the most representative employers’ and workers’ organizations, suspend this prohibition (article 108 of the Labour Code).

2. Women’s right to rest

Women are entitled to a daily rest period of at least 11 consecutive hours’ duration. This rest period commences at 8 p.m. Derogations are allowed in the case of women who work in services concerned with hygiene and well-being and who do not normally perform manual work (article 1098 of the Labour Code).

B. Family law

Congolese family law is the result of a process whereby women have progressed from the status of a “person of full age but without legal capacity” to that of “person of full age” (see above). However, several discriminatory practices remain. The conjugal home is chosen by both spouses. However, in the event of disagreement, the husband’s choice shall prevail (article 171 of the Family Code). The man is the head of the family: this is a relic of several centuries of men’s superiority over women. The woman may freely exercise the activity of her choice. However, when the interests of the household so require, the husband may obtain from the judge a ban on the exercise of an activity. A woman who has decided to cohabit with her future husband before marriage has no say in the choice of domicile, which is imposed by her partner.

C. Criminal law

The provisions relating to adultery are discriminatory against women.

1. The charge of adultery

Several discriminatory provisions exist in the sphere of criminal law. They relate to adultery.

The Criminal Code treats adultery differently depending on whether the act is committed by the husband or the wife. A woman is convicted of adultery if she maintains an extra-conjugal relationship, whereas a man , in order to be so convicted, must be keeping a concubine in the conjugal home (article 336 of the Criminal Code). However, in the case of a polygamous household, “ an extra-conjugal relationship may be regarded as seeking a partner with a view to contracting marriage” (Supreme Court, No.28, 16 April 1971, Milandou Zephirin vs. Diangouaya Germaine).

2. Murder of an adulterous wife

The Criminal Code absolves a husband from responsibility for the murder of his adulterous wife and her lover in the hypothetical case of a flagrant offence occurring in the conjugal home (article 334 of the Criminal Code). This provision does not apply to a wife who commits the same crime, which is treated as manslaughter. The woman cannot be absolved from responsibility. This means that she is governed by a harsher set of conditions.

D. Discriminatory practices in taxation matters

Generally speaking, equality in taxation matters is upheld in the General Taxation Code. However, inequality persists in connection with the taxation of couples. If a couple is unmarried, each partner is taxed as a single individual. Within marriage, the wife is treated as a ”person of full age without legal capacity”. In addition to discriminatory legal provisions, the effectiveness of the principle of equality is also limited by practical inequalities.

III. Practical inequalities

Customs continue to be obeyed notwithstanding the existence of a modern legal system and their formal abrogation. This dualism in legal matters contributes towards the persistence of certain customary laws unfavourable to women. To this should be added the weight of prejudice and of a patriarchal culture based on inequality of the sexes and superiority of men over women. These illegal practices are pernicious and do not contribute towards the advancement and emancipation of women.

Among them, mention may be made of the following:

– Taboos and prohibitions in dietary matters;

– Wrongful widowhood rites;

– The subjection of women in sexual and reproductive health matters;

– Difficulties of access in matters of inheritance;

– The custom of levirate;

– Acts of violence;

– Difficulties of access to credit.

Section II

Political, social and economic measures aimed at ensuring the advancement of women

Congolese women, aware of their responsibilities, formed associations at a very early stage. On 5 March 1965 they set up the Revolutionary Union of Congolese Women (URFC), which was to serve as the organization responsible for the advancement of women within the State Party. From 1990 onwards, women’s non-governmental organizations and associations began to proliferate. Before the establishment in 1990 of the Department in charge of the advancement of women, URFC and the Ministry of Social Affairs were the only institutions with responsibilities in the matter of women’s integration in development.

I. Institutional machinery before 1990

Before 1990, the advancement of women was the responsibility of the Revolutionary Union of Congo Women (URFC) and of the General Directorate for Social Affairs (DGAS) within the Ministry of Social Affairs.

A. Revolutionary Union of Congo Women

Within the State Party, the body principally responsible for representing women and furthering their rights was the Revolutionary Union of Congo Women (URFC). Later, this institution became the women’s organization of the Congolese Labour Party (PCT). Since 1986 it has been structured in category unions, divided into four sections with a view to mobilizing different groups of women on the basis of their interests, as follows:

– Union of Women Workers (UFT)

– Union of Women Peasants (UFP)

– Union of Women Shopkeepers, Shop Assistants and Craftswomen (UFCVA)

– Union of Women in the Home and Women Members of Mutual Funds (UFMM).

B. General Directorate of Social Affairs

The General Directorate of Social Affairs (DGAS) established under the Ministry of Social Affairs was principally responsible for furthering the autonomy of individuals and communities, especially those in difficulties, with a view to ensuring their integration in the national development process. It conducted its work through the Directorate for the Advancement of Women, incorporated within it. URFC and DGAS played a decisive role in the process of emancipation of Congolese women. But with the replacement of the single party by a multi-party system, a number of new women’s organizations saw the light of day.

II. Proliferation of women’s associations and non-governmental organizations

The adoption of a multi-party system in 1990 opened the way to the establishment of a number of women’s non-governmental organizations and associations. We now have more than 400 NGOs operating, in particular, in the following fields:

– Peace;

– Economic development;

– Health;

– Law;

– Education;

– Assistance to children in distress;

– The handicapped.

The proliferation of women’s NGOs and associations reflects the growing dynamism and solidarity of Congolese women. The NGOs and associations have organized themselves in networks for the purpose of lobbying on behalf of women’s activities. These network include the following:

– Coordination of women’s NGOs;

– “Women and Peace” network;

– African Network of Support for Women’s Entrepreneurship (RASEF);

– “Women for UNESCO” network;

– Central African Women’s Network (RESEFAC);

– Association of women ministers and members of parliament.

III. Institutionalization of the Department responsible for the advancement of women

The establishment in 1990 of the Directorate for the integration of women in development (DIFD) was followed in 1992 by that of the Ministry responsible for the integration of women in development.

A. Directorate for the Integration of Women in Development

This directorate (DIFD) was set up within the Ministry of Planning and Economy with the support of UNPD. Its responsibilities were, first, to formulate and execute the policy of integration of women in development and, second, to coordinate assistance projects. DIFD was to play a decisive role. It helped to make gender issues a priority for the public authorities and contributed towards the adoption of several projects that had a real impact on women. Unfortunately, being only a central directorate it did not possess the necessary authority. This limitation justified the setting up of the Ministry for the Integration of Women in Development (MIFD) in 1992.

B. Ministry for the Integration of Women in Development

For the first time in the history of the Congo, a fully-fledged ministerial department was set up to deal with women’s issues. This institutional mechanism crowned the efforts undertaken by all those committed to the service of the cause of women’s advancement.

Today, following the government changes that have taken place, the Department for the Advancement of Women forms part of the Ministry for Civil Service Affairs and Administrative Reform (Decree No. 99-212 of 31 October 1999). Within that Ministry, the General Directorate for the Advancement of Women (DGPF) is the organ responsible for implementing the national policy in matters pertaining to the advancement of women (Decree No. 99-211 of 31 October 1999). It is structured in the following manner:

– Directorate for the Advancement of Women;

– Directorate of training, organizing and popularization;

– Directorate of the family;

– Directorate of administration and finance;

– Regional directorates for the advancement of women attached to the central Directorate.

The regional directorates facilitate the taking into consideration of the specific needs of women in the hinterland, and particularly of rural women. The Cooperation Directorate and the Directorate for Project Studies and Planning are directly attached to the Cabinet. The General Directorate for the Advancement of Women has carried out a large number of activities decided upon by the successive ministries responsible for the advancement of women.

IV. Results of activities of the Ministry responsible for the Advancement of Women

The following projects. funded out of the State budget and supported by development agencies, have been executed by the Ministry for the Advancement of Women:

– Project for the strengthening of national capacities in gender and development matters (PRC/94/001), relating to government structures, NGOs and associations. Its object was to ensure that women’s needs and interests were taken into consideration in development projects and plans, in particular through training and the work of women’s centres. Training activities undertaken in this context included the following:

• A training workshop in gender and development, where training was provided to 32 women leaders of associations and groups as well as to 7 members of the professional staff of the Ministry for the Advancement of Women;

• Training of NGOs and groups in project preparation techniques;

– Project in support of the system of credit to women in the unofficial sector (PRC/93/002), aimed at creating a credit system adapted to the needs of women in the unofficial sector and women farmers. This project was executed in Brazzaville, Mindouli, Pointe-Noire, Dolisie, Sibiti and Owando.

Women organizers for the Brazzaville and Mindouli women’s funds were trained by a UN volunteer. An initiation in fund management techniques was provided to directors of the Pointe-Noire, Dolisie, Owanda and Sibiti funds. Eighty-one women at Mindouli and 104 in Brazzaville attended training courses in the management of micro-activities:

– Advanced training course in community development and micro-projects, held in Brazzaville in May 1997, designed to improve the participants’ theoretical and practical skills in the planning of profit-making community projects. At this three-week course, which was organized with the support of the State of Israel, 30 women received training in project preparation and management techniques;

– Project for the advancement and integration of women in rural development (TCP/PRC/4452 (A)), financed by FAO. About a hundred senior civil servants and leading members of NGOs in Brazzaville and four regions were trained in gender differential analysis. Six micro-project feasibility studies were also carried out. This project helped to eliminate a number of constraints on the development of rural women’s activities and led to the preparation of a “Plan of Action for the integration of women in agricultural and rural development”;

– Support for women’s associations in the production of food-crop seeds (TCP/PRC/6611).

The purpose of this activity was to reactivate the supply of improved seeds to groups producing food crops by supporting the production of seeds by women’s associations in the regions of Bouenza, the Pool and the Plateaus. A training session was held for 50 women peasants (seed multipliers), organizers, group leaders and field staff.

Seeds were distributed to:

– 16 women at Kimpalanga (Bouenza);

– 10 women at Madiadia (Bouenza);

– 6 men at Kimpalanga (Bouenza);

– 10 men at Mukeko (Sanga);

– 10 women at Mathy (Pool) and

– Nuns at Linzolo (Pool);

– Project for strengthening national capacities for the development of women’s activities (PRC/96/PO1) sets out to improve family well-being and to promote the integration of women in development. It is supported by UNFPA. Activities under this project have included the following:

• Training of 7 women at Abidjan, Lomé and Tunis in information, education and communication (IEC) in the field of reproductive health, sexual health and family planning (RH/SH/FP);

• A study on the rights of Congolese women;

• A seminar on the establishment of the Women’s Information and Documentation Centre (November 1998);

• A seminar on equal rights of women (August 1998);

• A seminar on popularization of women’s rights, reproductive health and sexual health;

• Distribution of 8,000 condoms;

• Production and broadcasting of 18 programmes on Radio Liberté, Radio Brazzaville and the rural radio station on women’s rights in SH/RH/FP;

• Publication of 5 articles in the national printed press;

• Production of two videocassettes on activities conducted in basic communities;

• Acquisition of 34 bicycles;

• Information, education and awareness-raising campaigns on SH/RH/FP and on sexual violence held in Brazzaville (2,084 participants, including 424 men, 1,155 women, 505 youths), Pointe-Noire (667 participants including 159 men, 285 women, 223 youths), Owando (80 participants including 8 men, 42 women, 30 youths), Oyo (46 participants including 4 men, 32 women and 10 youths), Lekana (15 participants including 3 men, 7 women and 5 youths) and Ouesso (40 participants including 4 men, 16 women and 20 youths);

• Project follow-up and monitoring missions, following which 45 women organizers attended re-training courses in Pointe-Noire, 35 at Ouesso and 20 at Lekana;

• Awareness-raising campaigns on sexual violence held in Brazzaville, Pointe-Noire, Owando, Ngoko, Lekana and Ouesso.

– Project “Promotion of equality between women and men: preparatory assistance” seeks to enhance the involvement of women in the process of consolidation of peace and development (PRC/98/008).

It includes the following components:

• Restoration and consolidation of peace in the Congo;

• Support to income-generating activities;

• Prevention and suppression of violence against women.

This project is financed by UNDP and executed at the Women’s Research, Information and Documentation Centre (CRIDF).

The four following aspects were developed in 2000 and 2001:

– Promotion of income-generating activities for women and youths;

– Awareness-raising of women and youths on the need for the restoration of peace;

– Advancement of women’s and family rights;

– Strengthening of capacities.

• 97 micro-projects involving 4080 persons have been financed. They have enabled women formerly displaced by war to return to their homes and to resume their economic activities in agriculture, petty trading and catering. 16 production units received support for soap-making (10 persons trained), catering, baking and pastry-cooking (10 persons) and dyeing (21 persons). 20 women and girl victims of sexual violence obtained financial support after receiving training in micro-activity management.

• 85,000 women and youths at Brazzaville, Sibiti and Dolisie attended awareness-raising courses on the importance and need for peace for sustainable development.

• 73 women lawyers and members of NGOs and women’s associations received training by eminent law practitioners, who discussed the Family Code, civil and criminal procedure, the Criminal Code and communications techniques. This activity formed part of the process of setting up the Legal Aid and Assistance Centre (CAAJ), which is now in operation. CAAJ provides legal information to women free of charge. It is run by the Association of Women Lawyers of the Congo (AFJC) and also received USAID financing in 2001.

• The strengthening of NGO capacities has contributed towards the organization of a sub-contracting system. Training has been provided to instructors in micro-project management (20 persons), women’s savings and credit banks (42 persons) and market gardening (70 formerly displaced women and 100 heads of families). A mechanism for cooperation and exchange of experience between NGOs has been established.

V. Women’s Research, Information and Documentation Centre

The Women’s Research, Information and Documentation Centre (CRIDF) is a place for meetings, exchanges, information, education and communication, training, guidance and social and economic advancement of women (Decree No. 99-299 of 31 December 1999).

This public establishment is placed under the guardianship of the Ministry responsible for the advancement of Women. It is directed by the Director-General and includes the following departments:

– Department of women and fundamental rights;

– Department of women, health and social affairs;

– Department of training, education and leisure activities;

– Department of women and the economy;

– Department of tourism and the environment;

– Department of the girl child;

– Information, communication and documentation centre.

Regional and local branches will be established as necessary.

VI. Other ministerial departments with responsibilities in the sphere of advancement of women

Other ministries within the public administration also intervene in the management of issues relating to women and children. They include, inter alia, the Ministry of Agriculture and Livestock Breeding, the Ministry of Justice, the Ministry of Economic Affairs, Finance and Budget, the Ministry of Health, Solidarity and Humanitarian Action, the Ministry of Education and the Ministry of Trade. Joint activities are undertaken with the Department for the Advancement of Women to ensure that the gender component is taken into consideration in their respective programmes.

VII. Policy and plan of action for the advancement of women

For the first time in the history of the Congo, the advancement of women forms the subject of a policy document accompanied by a three-year plan of action. This instrument was adopted by the Government on 15 September 1999. It governs all decisions to be taken in the field of the advancement of women at the national level. It involves the State, NGOs, associations, the private sector and the development agencies.

A. National policy of advancement of women

The national policy of advancement of women has four main goals:

– To promote and protect the rights of women and girls;

– To create follow-up and monitoring organs;

– To develop women’s economic potential; and

– To improve the conditions of life of Congolese women.

These goals will be attained through strategies for action in the following fields:

– Legal and political status;

– Employment in the official sector;

– The unofficial sector;

– Health;

– Violence against women;

– Education;

– Water, environment and sanitation.

B. Plan of action in matters pertaining to the advancement of women

The plan of action in matters pertaining to the advancement of women (PNPF) for 2000-2002 includes the four following sub-programmes:

– Rights of women and girl children; women’s access to decision-making;

– Violence against women;

– Access to incomes;

– Health and environment.

The overall cost is estimated at 1,989,850,000 CFA francs.

Monitoring and evaluation of the national plan for the advancement of women are carried out at national level by a steering committee and a technical committee, and at regional level by a regional steering committee presided by the Prefect. The State, the development partners (bilateral and multilateral cooperation), NGOs and associations contribute, in a manner determined in advance, to the financing and execution of the plan of action.

Section III

Legal machinery for the protection of women’s rights

(article 2 (c))

Congolese law allows women, in their capacity as human beings and subjects of law, to have recourse to the courts. Depending on the nature of the injury and the offence, a woman can bring her case before a civil, criminal or administrative court. Genuine equality of men and women exists on this point. Moreover, the rights of women taken into consideration by judges do not derive from national legislation alone.

Conventions ratified by the Congo are applicable within the country’s legal order, their legal value being equivalent to that of law. This means that judges can refer to them in determining the legal status of women and can administer justice on the basis of finding a violation of a standard enshrined in an international convention applicable by virtue of its ratification and publication. Such standards thus become sources of law to which judges are required to refer – although, in practice, that does not happen. In practice, for a combination of reasons, particularly owing to ignorance of the conventions, judges do not apply the international standards incorporated in the domestic legislation. Such ignorance is not, however, confined to judges.

Men as well as women are ignorant of the national laws as well as of the international treaties. They do not go to court in order to claim their rights. We should point out, however, that a further reason for the absence of actions brought is the fear of reprisals. Even if informed of her right to do so, a woman who has been despoiled of her property will not dare to go to court for fear of repudiation, divorce or of sorcery that may be practised against her or her children.

Thus, while formally there are several legal mechanisms available to women, the progress achieved is limited by ignorance of laws and legal procedures coupled with fear of sorcery.

The following recommendations regarding women’s rights can be formulated for the future:

– Identification and encouragement of positive customs;

– Reform of provisions of the Criminal Code relating to adultery, rape and the prohibition of paedophilia and sexual harassment;

– Reform of the system of taxation of married women;

– Holding of information and training seminars on women’s rights for judges and for society at large;

– Organizing IEC activities on women’s rights;

– Consideration given to harmonizing national laws with conventions ratified by the Congo;

– Elimination of legal discrimination;

– Definitive abolition of persisting backward customs;

– Translation of national laws and international conventions into vernacular languages (Lingala, Kitouba).

Chapter IV

Temporary special machinery aimed at accelerating de facto equality of men and women (article 4)

Article 4

“1. Adoption by States Parties of temporary special measures aimed at accelerating de facto equality between men and women shall not be considered discrimination as defined in the present Convention, but shall in no way entail as a consequence the maintenance of unequal or separate standards; these measures shall be discontinued when the objectives of equality of opportunity and treatment have been achieved.

2. Adoption by States Parties of special measures, including those measures contained in the present Convention, aimed at protecting maternity shall not be considered discriminatory.”

Generally speaking, Congolese legislation submits men and women to identical conditions in matters of law.

At present, there exist certain special provisions that establish positive action, i.e. temporary and special measures designed to accelerate the introduction of de facto equality which accords more favourable treatment to women than to men.

Furthermore, pregnant women and nursing mothers benefit from special treatment.

The Congo has ratified a number of conventions relating to maternity protection, including, in particular, CEDAW, the International Covenant on Economic, Social and Cultural Rights, and the ILO Convention concerning the Employment of Women before and after Childbirth.

The protection measures extend to both the public and the private sector.

Section I

Protection of pregnant women in the public sector

Act No. 021-89 of 14 November 1989 amending the general civil service statute, special statutes and regulations governing their implementation relates inter alia to the protection of pregnant women and nursing mothers in the public sector. Maternity leave is governed by articles 127 and 129 of the Act, which allow “a civil servant of the female sex to obtain the suspension of her service obligations in the event of childbirth”. Maternity leave is a woman’s statutory right. She can neither renounce it nor be deprived of it. Throughout the period of maternity leave the woman receives the full amount of her salary. The duration of maternity leave is 15 weeks including 9 weeks after the confinement. It commences six weeks at the earliest and two weeks at the latest before the confinement. If on the expiry of fifteen weeks the woman is not fit to resume her duties, she may be granted sick leave on production of a medical certificate issued by a sworn medical practitioner.

Maternity leave cannot be taken concurrently with administrative leave (article 9, Decree No. 86/067 of 16 January 1986 regulating the conditions of leave for professional civil service staff). All special civil service statutes in force contain similar maternity leave provisions; however, these are often more favourable to women.

Example:

The statute of Marien Nguabi University provides for maternity leave of 20 weeks as against 15 weeks in the general civil service statute.

Section II

Protection of pregnant women in the private sector

The Labour Code provides for maternity leave for pregnant women. During this period, the employer may not terminate a woman’s work contract. A pregnant woman whose condition is medically attested may leave her work without notice and without having to pay a fine for breach of contract. One half of her wage is paid by the employer and the other half by the national social security fund (CNSS). She is entitled to free medical care. If her health so requires, she may stop working in advance of the legally prescribed leave period. In practice, employers in the private sector are reluctant to recruit women because of their allegedly frequent absences on maternity leave, which, it is claimed, are bad for the firm’s productivity. This practice helps to generate real discrimination against women and to exclude them from the labour market. It also leads to wrongful dismissals in the event of pregnancy.

Knowledge of the law ought to enable women to denounce any wrongful dismissal.

Under the heading of “prospects”, consideration might be given to formulating future positive actions that could contribute towards the advancement of women.

Chapter V

Elimination of stereotyped ideas of a sexist nature (article 5)

Article 5

“States Parties shall take all appropriate measures:

(a) To modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary superiority of either of the sexes or of stereotyped roles for men and women;

(b) To ensure that family education includes a proper understanding of maternity as a social function and the recognition of the common responsibility of men and women in the upbringing and development of their children, it being understood that the interest of the children is the primordial consideration in all cases.”

Sexist stereotypes exist within the family, in education and at work.

Section I

Stereotypes in the family

A number of different stereotypes of a sexist nature are observed within the family. They have the effect of assigning clear-cut tasks and roles to men and women. They determine the education that children of either sex will receive from early infancy. Girls perform household chores that are relatively disagreeable, while the boys play.

In traditional society, the child’s sex determines the attitude towards it of its family and of society at large. In early infancy the child lives in the protective shadow of its mother. Once weaned, it is gradually absorbed into the world of men or the feminine universe, where it is prepared for its future responsibilities as a man or as the mother of a family. Thus, the little boy is taught to hunt and fish and trained in fulfilling his future responsibilities as head of a family, while the little girl learns how to cook, work in the fields and become an obedient mother and a respectful wife. At the end of this period the child goes through the appropriate rites of initiation, which mark his or her entry into the adult world.

These stereotypes handed down by tradition continue to mark our people’s behaviour. Notwithstanding the considerable development that has taken place at the level of ideas, we note that certain roles are still attributed within the family. Children receive an education that confines girls to a set of well-defined tasks (cleaning, cooking, looking after siblings, working in the fields, etc.), whereas the boys, for the most part, do nothing. When not out in the fields, they play. There is no question of their taking part in chores regarded as specifically feminine. And the mothers participate in reproducing these attitudes. However, a marked development has taken place in the last few years, accelerated by the many conflicts that have swept the country. More and more men and teenage boys are engaging in agricultural work.

Section II

Stereotypes in education

The conditions for entry into formal education are the same for girls and boys. Statistics show girls as being in the majority at the early stages, a high female dropout level being observed later on. So far as instruction is concerned, it is noted that the contents of school textbooks tend to reproduce the sexual division of work whereby women are relegated to household duties or oriented towards certain well-defined areas. For example, school teaching, secretarial work and work in the health sector are traditionally reserved for women, while careers in science and technology are the preserve of men.

Section III

Stereotypes at work

Many stereotyped patterns exist in the world of work. Women are concentrated in certain sectors (teaching, health, agriculture, commerce, etc.). They form the majority of the agricultural workforce and, in the civil service, rarely reach higher than mid-level positions. There are few women in senior posts, and those there are tend often to be regarded as either sexless or “light”. When a woman is promoted, this is often perceived as the result of favours or largesse received rather than of any competence on her part. Yet some brilliant women students and trainees do emerge in the course of training.

The opening up of the army to women entrants in 1974 was the achievement of the Revolutionary Union of Congo Women (URFC), which always maintained that Congolese women were capable of joining the country’s armed forces (FAC). Since then the number of women in the military has risen. Today two women are colonels in the army, one is a colonel in the police force and many others hold officer rank in these institutions.

I. Sexual harassment

Women are often exposed to sexual harassment in the workplace. Some consent to such treatment and receive favours in return, while others react strongly against what they regard as a negation of their rights and abilities. The law neither defines nor punishes sexual harassment. It would seem that public opinion favours a degree of tolerance with regard to such practices, which ensure a certain illusory social advancement for some women. Minds are not yet ready for sexual harassment at the workplace and in society in general - although frequently derided on the stage - to be proclaimed an offence.

II. Women and the media*

* At the time of going to press, full coverage by the national communications system had been established.

For economic and technical reason, State radio and television broadcasts cover only a part of the national territory, essentially Brazzaville and Pointe-Noire. This means that women, in particular, have no access to information broadcast by these media. Furthermore, the proximity of the Democratic Republic of the Congo enables Congolese listeners and spectators to receive programmes produced by that country’s media. Both the national and the foreign media broadcast information that tends to reproduce sexist stereotypes unfavourable to the image of women. This situation is due principally to the fact that women form a minority in media professions, do not receive sufficient training and do not rise to responsible positions.

A. Women’s place in the media

According to data obtained in October 1999, women form a minority in the State media. There are currently 183 women journalists as against 412 men. Women journalists are under-represented in both the public and the private press. To date, only one woman has been appointed Director-General of the National Radio Company, and she did not have an information background. This situation is partly due to the fact that the training received by women does not qualify them for senior posts. Women journalists account for 7.74% of Grade III journalists, 14.76% of Grade II journalists, one-third of those in category B1 and the majority of those in lower categories.

On the one hand, such minority representation means that women cannot influence the choice of programmes; on the other hand, it does not contribute to the dissemination of a positive image of women.

Table 1

Journalists on the staff of the Ministry of Communications

Source: Ministry of Communications, 1999.

B. The image of women in the media

The image of women propagated by the media helps to reproduce sexist stereotypes. A woman is presented as a seductive creature whose physical attractions are used to market this or that product. The same approach is adopted by most announcers, as well as in commercials. Women are also presented in the role of housewives, wives or daughters. The allocation of tasks between men and women tends to reproduce the traditional division of labour, namely, domestic chores for women and representational and decision-making powers for men.

III. Forms of violence inflicted upon women

Traditional practices and modern laws, both of which place the man at the head of the family, are perceived as conferring upon him the right to chastise his spouse. In the private sphere, women suffer multiple ill-treatments of varying intensity. These acts are perpetrated under the seal of silence and are generally regarded as normal. Women are silent victims to whom it would never occur to denounce an aggression committed by their husband, father or brother. Such attitudes tend to exist to this day, which explains, in particular, the small number of court actions brought to date. Furthermore, rape of a wife by her husband is not an offence under Congolese law.

The Criminal Code lists several types of violence against women, as well as acts of violence against women during armed conflicts.

Chapter VI

Suppression of exploitation of women (article 6)

Article 6

“States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women.”

Prostitution is a reality despite its prohibition by law.

Section I

Prostitution: a reality

Prostitution is a social phenomenon that exists in both urban and rural environments. In the absence of investigations or studies that would make it possible to determine the scope and manifestations of prostitution, it nevertheless appears to be very widespread in the towns. Prostitution is practised, in particular, on public highways and in hotels, nightclubs and bars. Sleazy hotels are the preferred locations for these practices. It should be noted that women and girls who have been identified come for the most part from neighbouring countries.

The phenomenon can be explained by a number of factors:

– The economic crisis and its consequences;

– The decline of morals;

– The crisis in values;

– Abdication by parents in face of their responsibilities;

– Acts of violence in the home;

– The breakdown of the family nucleus.

These sexual practices are taking place in a context marked by the prevalence of STD and HIV. Prostitutes generally practise unprotected sex, which increases the risk of propagation of the HIV pandemic as well as of unwanted pregnancies.

Section II

Legal prohibition of prostitution and its consequences

The Criminal Code prohibits prostitution and severely punishes prostitutes and procurers.

I. Prohibition of prostitution

The Criminal Code formally prohibits prostitution, which constitutes a breach of morals. The phenomenon is perceived through the act of procuring, which constitutes an offence.

II. Prohibition of procuring

The Criminal Code defines the procurer as a person who:

– Aids, assists or protects a person who engages in prostitution;

– Shares in the returns derived from the prostitution of another person or persons;

– Recruits, trains or keeps a person of full age with a view to prostitution;

– Acts as an intermediary between persons engaging in prostitution or debauchery.

A procurer is punishable by imprisonment of 6 months to 2 years and a fine of 400,000 to 4,000,000 francs CFA (article 334 of the Criminal Code). These penalties rise to 5 years’ imprisonment and a fine of 1,000,000 to 10,000,000 FCFA if the offence is committed in respect of a minor or under constraint, abuse of authority or of the law

– By the victim’s husband, mother or guardian;

– By a representative of the law or of public order.

III. Prohibition of brothels

The Criminal Code prohibits the opening of brothels and imposes heavy penalties upon “any individual who owns, directly or through an intermediary, manages, directs or operates a house of prostitution, or who habitually tolerates the presence of one or several persons engaging in prostitution in a hotel, furnished house, pension, licensed premises, club, circle, dance-hall or place of entertainment or their annexes or any place open to the public or used by the public and of which he is the owner, manager or director” (article 335 of the Criminal Code).

In the event of a clear violation, the owner, manager or director has his licence withdrawn and runs the risk of definitive closure of his establishment. He is also prohibited from acting as a guardian or trustee.

The reality, however, does not bear out these rules. The legal provisions are not applied, places of prostitution are numerous, and no real steps are taken against prostitutes, procurers or brothel owners or keepers.

The inadequacy of preventive measures must also be deplored.

So far as prospects are concerned, a number of measures ought to be undertaken in order to protect the victims of prostitution. Such measures include the following:

– Studies to evaluate prostitution in all its forms;

– IEC measures to make prostitutes and the whole of society aware of the risks inherent in this practice;

– Involvement of the national programme of AIDS control (PNLS) in the prevention of prostitution and control of prostitutes;

– Implementation of repressive laws;

– Involvement of civil society in the problems arising from prostitution;

– Enhancement of parents’ awareness of their responsibilities towards their children;

– Combating poverty;

– Internationalization of the relevant laws and continent-wide cooperation.

IV. Protection of the young

The Criminal Code penalizes acts aimed at promoting debauchery among persons of both sexes aged less than 21 years and of minors aged less than 16 years. The authors of such acts are liable to the heaviest penalties, whatever the place of commission of separate elements of the offence (article 334 of the Criminal Code).

Chapter VII

Participation of women in political and public life (article 7)

Article 7

“States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right:

(a) To vote in all elections and public referenda and to be eligible for election to all publicly elected bodies;

(b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government;

(c) To participate in non-governmental organizations and associations concerned with the public and political life of the country.”

Women account for more than half of the Congo’s population (52%) and make a considerable contribution to the country’s economy, especially in agriculture, where they form 70% of the workforce and account for 60 to 80% of the foodstuffs produced and for almost 100% of non-industrial processing of agricultural produce. They are the mainstay of the health system, and the great importance of their role in the upbringing of children is recognized. However, their contribution is limited by reason of a variety of social, economic, cultural and legal obstacles. Yet given the proportion of women in the population as a whole, there can be no question of development unless women have access to resources, are taken into consideration in policies and strategies as both agents and beneficiaries of development, and participate in decision-making and in the political and public life of the country.

In ancient societies – Latin, Greek, Ethiopian, Congolese and others – women have always played a role of prime importance as queens, mothers and advisers. In the Congo, two women among many others achieved special distinction. They were Tshimpa Vita, who, like Joan of Arc, took up arms to defend her kingdom, and Queen Ngalifuru, who acted as chief adviser to her husband, King Makoko. Upon her husband’s death she succeeded to the throne and exercised her prerogatives with courage and dignity in order to preserve the kingdom’s dignity and greatness.

Thus, women in the Congo were never relegated to the margins of political life. Keepers of the ancestral cultural heritage, they were and are receptive to new values. This makes them, as it were, the hinge between two societies, traditional and modern; yet the transition from a traditional to a modern society has weakened their participation in political and public life. By an atavistic reaction, our societies have relegated women to the background. Women the world over are often regarded as inferior beings, perennial minors passing from the authority of the father to that of the husband. Yet a careful look at the functioning of our society reveals that women are vested with great powers in matters of social protection and of the socialization process. The fact that they have been entrusted with these responsibilities implies a recognition of their capacity as teachers and psychologists.

Section I

The early history of the women’s movement in the Congo

Towards the end of the colonial era, especially just before and during independence (1960), Congolese women began to form associations, to think about their emancipation and development, and to claim their rights. A number of associations thus came into being under such names as “Violet”, “Pause”, “Rose”, “Rosette”, “Diamond”, “Niari Alliance”, “Caiman Women”, “Shining Star”, etc. These were social and cultural associations whose activities were confined essentially to such areas as cooking, sewing, embroidery, literacy classes, sports, theatricals, traditional dancing and mutual aid. In addition, the French Union of African Women (AFUF) was set up in Brazzaville in 1959 under the chairmanship of the wife of the High Commissioner for French Equatorial Africa. Its aim was to educate Congolese women in the social, cultural and economic spheres.

In 1960, another association was set up at Pointe-Noire. This was the Association of African Women (AFA), affiliated to the International Women’s Committee, and its principal aim was the emancipation of women and their participation in the nation’s social, economic and cultural development.

The Union for the Emancipation of African women (UEFA) was created in 1969, again at Pointe-Noire, with the object of making women aware of the need to develop their personalities and their autonomy with a view to their effective participation in all areas of national activity. This association was later to become the Union of Congo Women (UFC). In 1964 all these associations merged together to form a front for the struggle for emancipation and women’s rights, known as the National Union of Congo Women (UNFC), which, following a general assembly, became the Democratic Union of Congo Women (UDFC). At the Congress of March 1965, UDFC became the Revolutionary Union of Congo Women (URFC), with the following goals:

• Organization, mobilization, education and political guidance of women with a view to their effective participation in the national development process;

• Consolidation and intensification of links of friendship and solidarity with all peace and justice-loving women in the world and in particular with national, sub-regional, regional and international organizations pursuing the same goals as URFC.

From 1976 onwards URFC had a seat on the decision-making administrative bodies concerned with conditions in public administration and in private enterprises.

Within the framework of the implementation of prospective strategies on women’s integration in development adopted at the Nairobi Women’s Conference of 1985, URFC proceeded in 1986 to restructure its intermediate and basic structures. Women were thenceforth organized on the basis of their specific interests.

The four following category-based unions were thus established at the 7th Congress of URFC in 1986:

– Union of Women Workers (UFT)

– Union of Women Peasants (UFP)

– Union of Women Shopkeepers, Shop Assistants and Craftswomen (UFCVA);

– Union of Women in the Home and Women Members of Mutual Funds.

A large number of women’s NGOs and associations active in all fields of public and associative life sprang up in 1990 soon after the National Sovereign Conference and with the advent of democracy in the Congo.

Today the Congo has some 412 women’s NGOs and associations.

The absence of an effective institutional framework for the orientation and implementation of a policy of integration of women in development led the Government to establish in 1990, with the support of UNDP, a Directorate for the Integration of Women in Development within the Ministry of Planning. This body was given the status of a Ministry (Ministry of Integration of Women in Development) in 1992, becoming, after the war of 1997, the Ministry of the Family and of Integration of Women in Development. In 1998 this Ministry was attached to the Ministry of Civil Service Affairs, Administrative Reform and Advancement of Women. It should be noted that all the bodies responsible for women’s issues have always been headed by a woman senior civil servant.

Despite the numerous attainments of the women’s cause at the level of the law, the practical reality is still very different. Women remain under-represented at the decision-making level in public life.

Section II

Representation of Congolese women

Women have always been under-represented in decision-making bodies. This is equally true of Parliament, the civil service and the judiciary.

A. Representation of women in Parliament

Women’s representation in Parliament has always been insignificant. This applies to each of the Congo’s successive legislatures.

1963 election: Three women elected to Parliament

Total number of deputies: 51 men, 3 women

1973 election:

Total number of deputies: 117 men, 8 women

Election of 8 July 1979 (4th legislature):

Total number of deputies: 139 men, 13 women

Bureau : 5 members

4 men, 1 woman

Election of 24 September 1984 (5th legislature):

Total number of deputies: 138 men, 15 women

Bureau: 4 members, all men

Election of 24 September 1989 (6th legislature):

Total number of deputies: 133

114 men, 19 women

Bureau: 5 members

4 men, 1 woman

Election following the Sovereign National Conference, June 1991 (7th legislature):

Total number of deputies: 153

138 men, 15 women

Bureau: 9 members

7 men, 2 women

Election of 24 July 1992 (8th legislature):

Total number of deputies: 125

123 men, 15 women

Bureau: 7 members, all men

Senate: total number of members, 60

58 men, 2 women

Bureau: 7 members, all men

Election of 6 June 1993 (9th legislature):

Total number of deputies: 125

123 men, 2 women

Bureau: 7 members, all men

10th legislature resulting from the National Transition Council, 1998

Total number of Council members: 75

66 men, 9 women

Bureau: 5 men, 2 women.

Table 2

Composition of Parliament by legislature and by sex

Table 3

Composition of regional councils

Table 4

Composition of district and administrative division councils

These figures indicate that between 1984 and 1989, under single-party rule, the number of women deputies in the National Assembly was rather high; paradoxically, this trend became less marked upon Congo’s entry in the democratic era, the reason being that women candidates failed to receive sufficient support from their political parties and from other women. The representation of women resulting from parliamentary and municipal elections and from elections to the Senate is absurdly small considering the size of the female electorate. The same pattern is repeated at the level of local government bodies.

B. Representation of women within the administration

Forty years after independence there is only a handful of women in responsible positions within the public administration. The first woman minister was appointed in 1975, which was International Women’s Year. She took the head of the Ministry of Social Affairs. The second woman to occupy such a post was appointed in 1984 and given the Basic Education portfolio. In 1989 a woman joined the Government as Minister of Labour and Social Security. In 1991 the Department of Social Affairs was placed under a woman’s control. In 1992, that of Communications, Post Office and Telecommunications was entrusted to a woman, who also became the Government’s spokeswoman. In 1996 there were three women ministers, responsible respectively for Women’s Integration in Development, Post Office and Telecommunications, and Social Affairs and Social Integration.

In 1997 the Human Rights portfolio was entrusted to a woman for some months. After the war of 5 June 1997, three women entered the Government to head the Ministries of:

– Civil Service Affairs and Administrative Reform

– Culture and the Arts (also responsible for francophone culture)

– Women’s Integration in Development.

Two women participated in the Government in January 1999; they were responsible, respectively, for civil service affairs, administrative reform and the advancement of women and for culture, the arts and tourism. Since 1998 a woman has been appointed secretary-general of the National Transition Council (CNT), or transitional parliament.

Women’s participation in the Government between 1975 and 2000 is shown in the table below.

Table 5

Participation of women in the Government

The situation of women is hardly any better at the administrative level. Whereas, according to the general population and habitat census of 1984, female representation in senior posts then amounted to 3.9%, today the level has declined.

A study of women’s potential in the modern sector conducted in Brazzaville in 1991 confirms this trend with regard to the public, mixed and private sectors.

Table 6

Senior posts occupied in 1991

Ministerial cabinets are characterized by the under-representation of women.

Table 7

Chef de Cabinet posts occupied

There are very few women holding the post of counsellor or attaché in ministerial cabinets.

Table 8

Counsellor posts occupied

Table 9

Attaché posts

In 1991 (and again at present) one of the three Senior Officers at the Ministry of Finance and Budget was a woman (3rd Senior Officer).

Table 10

Prefects

Table 11

Sub-Prefects

It should be noted that a woman is currently the secretary-general of a prefecture and three women are chiefs of districts.

Furthermore, from 1987 to the year 2000, four women were appointed mayors of districts in the boroughs of Pointe-Noire, Dolisie and Brazzaville.

C. Representation of women within the judiciary

The situation in the judiciary is largely the same. Only three of the 23 members of the Supreme Court are women. In the Courts of Appeal, only one out of four Prosecutors-General is a woman, and no appeals court is presided by a woman.

In the eight High Court tribunals, only one woman is a president of the court and there is no woman State Prosecutor. In the six magistrates’ courts of Brazzaville and Pointe-Noire, only one woman is a State Prosecutor (at the Poto-Poto magistrates’ court).

Table 12

Ministry of Town Planning and Habitat

Table 13

Ministry of Culture, the Arts and Tourism

Table 14

Ministry of Public Works

Table 15

National Social Security Fund (CNSS)

Table 16

Ministry of Forests responsible for Fisheries and Fish Resources: year 2000

Table 17

Ministry of Agriculture and Livestock Breeding (year 2000)

Table 18

Ministry of Justice, 1979 to 2000

Table 19

Ministry of Primary, Secondary and Higher Education, 1979 to 2000

Table 20

Ministry of Energy and Hydraulics, 1979 to 2000

(1) Directorate of Hydraulics

(2) Directorate of Energy

Table 21

Ministry of Post Office and Telecommunications, 1997 to 2000

Table 22

Ministry of Health, 1979 to 2000

Table 23

Ministry of Town Planning and Habitat

Table 24

Ministry of Labour and Social Security, year 2000

A. Cabinet

General Directorate of Labour and Social Security

General Directorate of the Civil Service Retirement Fund (CRF)

Section III

Constraints

Notwithstanding the legal and political provisions favourable to women, constraints of various kinds – legal, economic, social and cultural – hamper the effective participation of women in the development process and the full implementation of the Convention.

Mention must be made, in particular, of the following:

– Persistent ignorance of laws and regulations, owing to which many people find themselves in irregular situations;

– Gaps, lacunae and inadequacies in legal texts;

– Discriminatory provisions in the laws governing inheritance, marriage and responsibility for children, and also in criminal law;

– Persistence of discriminatory traditional laws and principles despite their formal abolition;

– Inequalities in the distribution of decision-making posts;

– Relegation of women to subsistence-level economic activities which interfere with their participation in real economic development;

– The pauperization of women:

– The precarious state of health of mothers and babies;

– The low educational level of the majority of women;

– Female illiteracy;

– Orientation of girls towards professions that do not always correspond to the needs of the labour market;

– Absence of political parties directed by women;

– Insufficient number of women in decision-making positions in political parties;

– Lack of culture in electoral matters (“electoral culture”) among women;

– Unfavourable positioning of women in elections: women are often nominated as second-choice candidates, and when they do head an electoral list it is often in a constituency where their chances of winning are limited;

– Intolerance and insufficient support, encouragement and solidarity among women;

– Insufficient motivation of women to hold decision-making positions;

– Women’s fear of failure in a decision-making post (lack of self-confidence);

– Non-competitive attitudes on the part of women leaders;

– Lack of control by women in matters of sexuality and reproductive health.

Section IV

Prospects

The effective implementation of the Convention is a process that calls for the participation of all strata of our society in general and of decision-makers, development agencies and leaders of opinion in particular. It is certainly true that many opportunities for women exist in our country. But they do not always lead to the adoption of the desired measures. Only the full and equitable taking into consideration of the gender factor in all areas of decision-making can create a context conducive to the Convention’s successful implementation in our country.

The following future action is suggested:

– Establishment of mobile legal advice services to help women in the understanding and correct interpretation of legal texts, modelled on the legal assistance and legal aid centres set up at women’s centres by the Association of Congo Women Lawyers (AFJC);

– Encouraging women to participate in political and community activities (local and national elections);

– Incorporation of education for peace and instruction in human rights in school curricula;

– Developing a democratic culture among women (free choice of their own candidates);

– Offering women the possibility to stand for election at all levels;

– Increasing women’s representation on the labour market and their access to all levels of decision-making;

– Informing and educating women in the matter of their rights with a view to helping them to abandon social prejudices and attitudes that often relegate them to the second rank of society;

– Organizing campaigns to combat illiteracy and outdated customs and usage;

– Promoting women’s entry into the technical and professional categories of the civil service;

– Encouraging women and girls to take up technical and scientific studies that can orient them towards promising new sectors of activity;

– Increasing the number of child-care facilities with a view to furthering the participation of women in production and socio-cultural activities;

– Promoting dialogue and task-sharing between men and women in all spheres of public life;

– Promoting and encouraging the socialization of children;

– Offering the same opportunities to girls and boys in education, whether formal or informal;

– Setting up machinery to monitor and evaluate the implementation of the Convention at all levels;

– Providing leadership training for women;

– Introducing a quota system for election purposes;

– Ensuring women’s equitable access to and full participation in the drafting of legal texts at national, regional and international levels;

– Making available a data bank for the use of women in decision-making posts;

– Introducing special measures of protection for elderly and handicapped women in line with their physical and psychological needs;

– Initiating action on behalf of handicapped women.

Chapter VIII

Participation of women in the diplomatic service and international organizations (article 8)

Article 8

“States Parties shall take all appropriate measures to ensure to women, on equal terms with men and without any discrimination, the opportunity to represent their Governments at the international level and to participate in the work of international organizations.”

Section I

The legislative situation

Since the Congo’s attainment of independence in 1960, access to public service has been based on constitutional principles according to which all citizens have equal access to posts in the civil service, including posts in the diplomatic and consular services.

Before recruitment to the civil service was suspended in 1993 consequent upon structural adjustment measures, recruitment for public administration posts took place simply upon application to the General Civil Service Directorate by any Congolese citizen, without distinction as to sex, in possession of a professional, university or other diploma.

From the legal point of view, Congolese women enjoy the same rights as men as regards access to posts in the civil service in general and diplomatic and consular posts in particular.

Section II

Representation of women in diplomatic and consular posts

The question of the representation of Congolese women will be examined at both the national and the international levels.

I. The situation at national level

The diplomatic department of the Cabinet of the President of the Republic includes a counsellor (of the male sex) and four attachés, one of whom is a woman.

At the Ministry of Foreign Affairs, Cooperation and Francophone Affairs, the under-representation of women is evidenced by the distribution of posts.

Table 25

Representation of women in the central administration of the Ministry of Foreign Affairs

Source: M.A.E.C.F., 2000.

Table 26

Representation of women in various grades of the diplomatic service

Source: M.A.E.C.F., 2000.

A look at the distribution of grades among diplomatic mission personnel confirms the under-representation of women. No woman currently holds the post of ambassador or ministerial counsellor.

Table 27

Representation of women in diplomatic missions

Source: M.A.E.C.F., 2000.

It should be noted that between 1980 and 1986, three women held the post of Ambassador (to Guinea-Conakry, Cameroon and Mozambique).

II. At international level

As can be seen in the table below, Congolese women are also under-represented in sub-regional, regional and international organizations.

Table 28

Representation of women in international institutions

Section III

Constraints

The following constraints stand in the way of women’s representation in the diplomatic service and in international organizations:

– Lack of enthusiasm or interest on the part of men for issues relating to the advancement of women;

– Lack of commitment on the part of the majority of Congolese women to the cause of their own advancement;

– Absence of lobbying in support of women’s claims to the right to advancement;

– Under-representation of women in decision-making circles;

– The weight of customs that give men superiority over women, or, where custom has been replaced by the Family Code, poor observance of the law on the part of men;

– Insufficient specialization of women in this field;

– Marginalization of women by their peers;

– Lack of information on training and retraining courses, seminars and other meetings at the national and international levels.

Section IV

Prospects

Prospects for future action include the following:

– Orientation of girls towards fields of study in which they are currently under-represented;

– Measures to bring down the female dropout rate at school and university;

– Creation of women’s lobbies;

– Continuing training of women with a view to strengthening their capacity for participation;

– Wide dissemination of information concerning vacancies in sub-regional, regional and international organizations;

– Financing of women’s participation in international conferences and summit meetings;

– Creation and updating of female human resources files;

– Implementation of a forceful policy of advancement of women in these areas.

Chapter IX

Nationality (article 9)

Article 9

“1. States Parties shall grant women equal rights with men to acquire, change or retain their nationality. They shall ensure in particular that neither marriage to an alien nor change of nationality by the husband during marriage shall automatically change the nationality of the wife, render her stateless or force upon her the nationality of the husband.

2. States Parties shall grant women equal rights with men with respect to the nationality of their children.”

Section I

The context

In the Republic of the Congo, nationality is governed by Act No. 35-61 of 20 June 1961 setting forth the Congolese Nationality Code, as well as by constitutional rules. The Constitution of 12 March 1992 provides in its article 31 that “every citizen shall have the right to Congolese nationality and may not be arbitrarily deprived thereof or of the right to change his nationality”.

According to article 54 of the Basic Act of 24 October 1997, nationality falls within the purview of the law.

Article 1 of Act No. 35-61 of 20 June 1961 defines nationality as the legal link that attaches individuals to the State. It is independent from civil rights and civil status, which are defined by special laws enacted for that purpose.

Article 2 provides that the present Act determines those individuals that shall have Congolese nationality at birth.

The concept “individual” being understood to cover both sexes, the Act does not appear to contain any discrimination as to gender.

After the individual’s birth, Congolese nationality may be acquired or forfeited in application of the Act or pursuant to a decision of the public authorities. The Act acknowledges the supremacy of international treaties by providing as follows in its article 5: “Provisions relating to nationality contained in duly ratified and published international treaties or agreements shall apply even if they are contrary to the provisions of Congolese domestic law”.

The Act distinguishes between the attribution of nationality at birth (“nationality of origin”) and the acquisition of nationality.

Section II

Attribution of nationality

Congolese nationality is attributed, without discrimination as to sex, to a child born in the Congo

– Of a Congolese father and a Congolese mother;

– Of a father born in the Congo and a Congolese mother;

– Of a father and a mother who themselves were born in the Congo.

I. Acquisition of Congolese nationality

Congolese nationality is acquired by virtue of one of the following:

– Marriage;

– Residence;

– Decision of the public authorities.

A. Acquisition by marriage

Acquisition of Congolese nationality by marriage concerns foreign women who marry a Congolese national. Such women acquire Congolese nationality after five years’ joint residence in the Congo counting from the date of registration of the marriage. Until the expiry of that period, the wife may decline the status of a Congolese citizen under the conditions provided in articles 57 ff. of the Act.

The Act does not specify the status of a Congolese woman who marries a foreigner. In practice, it is established that such women retain their nationality of origin.

B. Acquisition through birth and residence in the Congo

“Every individual born in the Congo of foreign parents shall acquire Congolese nationality on reaching majority age provided that he is resident in the Congo at that date and has been habitually resident in the Congo since the age of 16 years” (article 20).

C. Acquisition of Congolese nationality by a decision of the public authorities

This is a matter of naturalization or recovery of previous nationality. Nationalization is granted by a decree following an investigation. No discrimination based on sex appears to exist in this context.

II. Transmission of nationality to children

A reading of Act No. 35-61 of 20 June 1961 setting forth the Congolese Nationality Code shows that men and women can transmit Congolese nationality to their children under the same conditions. Article 44 of the Act provides that “a minor whose father or mother acquires Congolese nationality shall become a full Congolese citizen like the parents, provided that filiation has been established in accordance with article 12”.

Chapter X

Education (article 10)

Article 10

“States Parties shall take all appropriate measures to eliminate discrimination against women in order to ensure to them equal rights with men in the field of education and in particular to ensure, on a basis of equality of men and women:

(a) The same conditions for career and vocational guidance, for access to studies and for the achievement of diplomas in educational establishments of all categories in rural as well as in urban areas; this equality shall be ensured in pre-school, general, technical, professional and higher technical education, as well as in all types of vocational training;

(b) Access to the same curricula, the same examinations, teaching staff with qualifications of the same standard and school premises and equipment of the same quality;

(c) The elimination of any stereotyped concept of the roles of men and women at all levels and in all forms of education by encouraging coeducation and other types of education which will help to achieve this aim and, in particular, by the revision of textbooks and school programmes and the adaptation of teaching methods;

(d) The same opportunities to benefit from scholarships and other study grants;

(e) The same opportunities for access to programmes of continuing education, including adult and functional literacy programmes, particularly those aimed at reducing, at the earliest possible time, any gap in education existing between men and women;

(f) The reduction of female student drop-out rates and the organization of programmes for girls and women who have left school prematurely;

(g) The same opportunities to participate actively in sports and physical education;

(h) Access to specific educational information to help to ensure the health and well-being of families, including information and advice on family planning.”

The rights of women are recognized and guaranteed by all international human rights instruments, in particular the Universal Declaration of Human Rights and the International Covenants on Civil, Political, Economic, Social and Cultural Rights, ratified by the Congo. They are recognized as being universal, inalienable and indivisible.

These rights include one that is fundamental: it is the right to education. The woman, as a human being, has the right of access to basic education - high-quality education that will make her a fully developed personality integrated at the social, economic and political levels. Such education involves the school, the family and society at large.

Such education must be based on the equality of the sexes and must eliminate any disparities that exist in national policies and primary, secondary and higher education and adult literacy programmes.

The Constitution of 1969, the Basic Act of the National Conference (No. 003/91/CNP/P/S) of 4 June 1991, the Constitution of 15 March 1992, the Basic Act of 24 October 1997, the Labour Code and the Family Code are legal instruments which enshrine the equality of men and women in the Congo.

In its article 18, the Basic Act of June 1991 acknowledges the right of women to culture and education. In order to put into practice the recommendations relating to that issue, the Congo has enacted a number of laws with a view to providing access to education for all children. They include, in particular, the following:

– Act No. 44/61, of 28 September 1961, laying down the general principles of the organization of education;

– Act No. 32/65, adopted in 1965, laying down the general lines of the organization of education;

– Act No. 20/80, adopted in 1980, reorganizing the educational system in the People’s Republic of the Congo;

– Act No. 08/90 of 26 November 1990 amending Act No. 20/80 and calling into question the non-paying character of State education;

– Act. No. 25/95 of 19 November 1995, amending Act No. 08/90 and reorganizing the system of education in the Republic of the Congo.

The latest Constitution, just adopted by referendum on 20 January 2002, guarantees equal access to education and to the teaching profession. Education is compulsory until the age of 16 and is dispensed free of charge in public establishments.

Section I

Conditions with regard to vocational guidance, access to studies and achievement of diplomas in educational establishments of

all categories

I. The status of education in the Congo

Education has been compulsory and non-discriminatory since Congo’s accession to independence. It is open to all, boys and girls alike. Until independence Congo’s schools were largely modelled on the French system, with the difference, however, of an additional year at primary level. The general length of schooling was spread over 13 years, including 6 years in primary and 7 years in secondary.

In 1965, education – until then dispensed in both State and private schools – was nationalized. From then on, the State took charge of the education of the young. The Congolese educational system was governed by many laws, all of them guaranteeing access to education for all children. Many meetings and symposia were held to discuss the numerous problems that had arisen within the educational system since its nationalization. In 1970, a symposium on education laid down the main principles of the “People’s School” project. In 1988, a stocktaking symposium noted the near-collapse of the educational system and proposed a number of measures with a view to correcting the situation.

The findings that emerged from these two symposia included the following:

– The consequences of the nationalization of 1965 had included the large-scale exodus of missionary teachers. As a result, teachers without proper qualifications had had to be recruited. This had created a crisis in the educational system;

– The Government, drawing the consequences of that crisis, would endeavour to carry out a reform by creating the “People’s School”. This would mean the democratization of Congolese schools. Schooling would become free.

The “People’s School” policy proved, however, to be ill-conceived. A reliable legal framework was lacking. The policy led to a very high dropout rate (16.3%), the highest repeat rate in Africa (30%), and a decline in the quality of teaching. The lack of adjustment between the education dispensed and the needs of the labour market led to a rise in unemployment. It was essential that the policy be abandoned as having failed. Another decision taken by the symposium of 1988 was to limit the number of times a year could be repeated. The non-denominational (official) schools system being over-subscribed to the point of collapse, private education was encouraged. Today, the results appear mixed. Despite the Government’s adoption of terms of reference for the reform of the educational system in October 1996, the latest Schools Act (1995) still has no implementing clauses.

There are, however, some positive aspects to be noted. Thus, the Schools Act No. 25/95 of November 1995 amending Act No 08/90 of September 1990 proclaimed that schooling was to be free of charge. It extended the duration of compulsory schooling for girls as well as boys to 10 years instead of 8. Schools Act No. 20/80 made literacy compulsory. This policy met with great success and won five UNESCO prizes for the Congo. The “Alpha” radio station, specially devised for the purpose, backed the educational and literacy effort, and a programme called “It’s never too late to learn” broadcast over the national radio was assiduously followed by a large part of the population and encouraged many women to seek training.

A school enrolment rate of almost 100% was recorded in 1995, as was the high literacy rate of 83.1% for men and 67.2% for women.

Following the round table organized after the Jomtiem World Conference on Education for All, the Congo, permanently concerned as it is with the good management of its educational system, has since 1990 placed special emphasis on pre-school education by making it general and improving its quality.

The educational system is structured in the following manner:

– Pre-school education;

– Primary education;

– Secondary education (junior and senior);

– Higher education;

– Technical and vocational education.

A. Pre-school education

This first stage of education and training of young children is generally confined to the urban centres. Not all children have access to pre-school education, an entrance fee being payable. Children whose parents possess the necessary means therefore have priority. The pre-school system accepts children of 3 to 6 years of age. It provides them with moral and physical equipment in preparation for entrance to primary school. The enrolment rate at pre-school level is not very high, but the predominance of girls over boys is worth noting. The teaching staff is essentially female.

From 1990 to 1998 the number of pre-school educational establishments in the State schools system fell from 53 to 51, while enrolment declined from 5 870 to 1 266 (a growth rate of –17.5%). The number of staff declined by 197 teachers over the decade. The drop in enrolment figures may be explained by the opening of private establishments in Brazzaville and Pointe-Noire. These private schools do not publish any statistics, so that the number of pre-school children attending them cannot be evaluated. The population figure for the 3 to 5 age group rose considerably during the decade (from 106 107 in 1990 to 160 672 in 1998). The average growth rate for both sexes is 5.4%, marginally higher for girls than for boys (5.3% as against 4.7%).

Table 29

Numbers of pupils and teachers (1997 and 1998)

Source: Directorate of Project Studies and Planning, Ministry of Primary and Secondary Education, 1998.

The gross enrolment rate, already very low at the outset, also fell from 2.8% in 1990 to 0.4% in 1998. The admission rate not only failed to exceed the initial level of 2.8% but actually fell disastrously, despite appreciable results achieved at family level through a campaign designed to mobilize communities to take charge of the health and upbringing of their infants.

Table 30

Gross pre-school enrolment rate, 1990-1998

Source: Directorate of Project Studies and Planning, Ministry of Primary and Secondary Education, 1998.

Instruction at the pre-school level is based on play and artwork designed to enable children to enter primary school with a certain amount of basic knowledge. Owing to Government decisions concerning promotions and reclassifications in the civil service, pre-school teachers do not enjoy the same advantages as other teachers. Most existing nurseries and infant schools are established and operated by the private sector or by companies indirectly controlled by the State.

B. Primary education

Primary education is regarded as the foundation of the schooling process. Efforts have been made and successes achieved in expanding and generalizing primary education, special emphasis being placed on reducing disparities between boys and girls.

At primary school level the registration rate for girls is almost the same as for boys. The disparity becomes striking later on.

Table 31

Numbers of schoolrooms and of teachers in pre-school and primary education

The gross primary school enrolment rate for both sexes has exceeded 100%. The number of children enrolled was greater than the 6-11 age group of the population. The enrolment rate fell from 126.1% in 1990 to 78.6% in 1998. The repeat rate is rather high, especially among girls, where the average is 34.6% per school year. The percentage of new entrants was 68.4% in 1990 and 58.0% in 1995. The proportion of new entrants in the first year of primary school is rising slightly (1.4% boys, 0.6% girls).

Table 32

Number of students and teachers in primary education, 1997-1998

Source: Directorate of Project Studies and Planning, Ministry of Primary, Secondary and Higher Education responsible for Scientific Research, 1998.

Table 33

Gross enrolment rate in primary education, 1990-1998

Source: Directorate of Project Studies and Planning, Ministry of Primary and Secondary Education.

From 1990 to 1998 a decline by -1.7% was recorded (for both sexes together). The decline was more marked in the case of girls (-2% as against -1.5% for boys). During this period the primary school enrolment rate was marked by a reduction in the school population by an average of 16%, the number of primary school teachers diminishing by 1.4%.

The decline, which corresponded to -14% in terms of student numbers, was less pronounced in the case of teachers.

The growth rate for both sexes was 4.3% (4.4% boys, 4.1% girls).

Table 34

Gross rate of admission to the first year of primary school, from 1991 to 1995

Source: Directorate of Project Studies and Planning, Ministry of Primary and Secondary Education, 1998.

Table 35

Repeat rate in primary schools

Source: Directorate of Project Studies and Planning, Ministry of Primary and Secondary Education, 1998.

The repeat, dropout and examination failure rates are high. The dropout rate in the State schools system is partially due to transfers to private schools. The teaching profession at primary level is gradually becoming feminized. In city schools, many class teachers are women.

From 1980 to 1990 the proportion of women class teachers rose from 24% to 32.8%. From 1980 to 1985, the percentage of women teachers rose from 24.6% to 29.3% (an increases by 19.1%), while that of male teachers declined by 4.1% (from 75% to 71.7%). From 1985 to 1990 the proportion of women teachers rose further from 29.3 to 32.8% (an increase by 11.9%), while that of men teachers declined by 6.2% (from 87.9 to 81.5%).

C. Secondary and technical education

The enrolment rate for children in the 12 to 19 age group (junior level) is 84%, of which 26% girls.

The presence of girls is more marked in general secondary schools than in grammar schools. At the former the enrolment rate is 71% for boys and 58.4% for girls, as against 29% and 12% respectively at grammar schools.

Statistics show a low level of female participation in secondary education. This is due to mental barriers (family influence, the weight of tradition, custom, creed, division of labour, sexual and emotional problems, poverty, violence of all kinds). The dropout rate for girls is very high. Of 1,000 students admitted to general secondary school, 365 reach the final year and 202 pass the final examinations. The percentage of girls is always below that of boys. The statistics issued for technical and vocational schools are not broken down by gender. Because of the recent conflicts, some schools, although open, do not furnish any statistics at all. It should also be noted that certain establishments, in particular some of the craft centres, remain closed. Enrolment rates differ as between technical and general education schools, the former suffering from all kinds of difficulties such as shortage of staff, equipment and premises.

Table 36

Numbers of students and teachers at general secondary schools and

grammar schools

Source: Directorate of Planning, Ministry of Primary and Secondary Education, 1998.

Table 37

Student population and number of teachers at technical secondary schools, technical grammar schools and vocational schools