6 Ms MODUA Democratic Republic of the Congo referring to children whose rights

6 ms modua democratic republic of the congo referring

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6. Ms. MODUA (Democratic Republic of the Congo), referring to children whose rights had been violated in refugee camps, said that the Criminal Code contained provisions for the perpetrators of such acts to be punished. The offenders remained unpunished only in cases where they went undiscovered. 7. With support from the Government, which had made the infrastructure available, NGOs had set up schools to provide children living in refugee camps with access to education. 8. With the support of NGOs, the Government had submitted a draft bill with a view to ratifying the Optional Protocol to the Convention on the involvement of children in armed conflicts. It was therefore likely that the instrument would be ratified very shortly.
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CRC/C/SR.706 page 3 9. With regard to bringing national legislation into line with the definition of the child as any person below the age of 18 years, as contained in the Convention, draft bills had been drawn up with a view to amending existing laws. Nevertheless, although the legislation was still not in keeping with the Convention, the Convention was applicable because it took precedence over domestic law. Steps were also being taken to disseminate the Convention with a view to raising its profile among all sections of the population. 10. In an effort to combat child labour, which constituted a serious problem in the informal sector, where most excesses occurred, her country had ratified ILO Convention No. 182 on the Worst Forms of Child Labour on 30 April 2001. It thus had an instrument enabling it to take legal action against the perpetrators of the crimes described in ILO Convention No. 182. Her Government would follow the Committee’s advice and seek the ILO’s assistance in order to implement the Convention. 11. Concerning efforts to combat the sexual exploitation of children, since the Convention had been ratified, minors between the ages of 16 and 18 years had been considered as children and therefore benefited from enhanced protection. While pornography and the sale of and traffic in children were crimes punishable under the Criminal Code, incest had yet to be established as a specific crime, since it was considered by law as indecent assault. Since the definition was inadequate, there were plans to amend the legislation to make it more precise. 12. In response to allegations that street children were detained by police, she said that the existing law on begging and vagrancy was not applied and that only children committing offences were arrested. In such cases, the judicial authorities were informed of the arrest and subsequently asked for a social inquiry with a view to taking the appropriate steps, such as the placing of juvenile criminals in institutions. The treatment of those children was governed by decree D 50 on juvenile justice procedure. However, in areas not covered by the decree, children came under the jurisdiction of laws applicable to adults. There were nevertheless plans to draft a
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  • Summer '16
  • Ramon Wawire
  • Republic, Democratic Republic of the Congo, Commercial sexual exploitation of children, Child abduction

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