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Organic Law No. 13/011 of 21 March 2013 establishing, organizing and operating the National Commission on Human Rights

Statement of Reasons

Respect for dignity and human value is the substance of human rights. They enjoy international legitimacy that gives them undeniable moral weight and that leads the States and Governments of the United Nations to ratify treaties and freely submit to binding obligations in this regard. This same effort prevailed in the Democratic Republic of the Congo, through the establishment of several structures, including that of the Ministry of Rights and Freedoms of Citizens, variously called according to the times, as well as that of the National Observatory for Human Rights, established by the Transitional Parliament pursuant to resolution 8/DIC/CHSC of the Intercongolais Dialogue.

In addition, it is important to underline the commitment shown by Congolese civil society in the past two decades. In spite of these multiple companies for the promotion and protection of human rights, the Democratic Republic of the Congo is in this sector a deficit that imposes innovations induced by the democratic process, crystallized in the Constitution of 18 February 2006 as amended by Act No. 11/002 of 20 January 2011 revising certain articles.

Indeed, in order to reaffirm its commitment to respect for human rights and fundamental freedoms, the Constitution was largely based on civil and political rights, economic, social and cultural rights, as well as on the collective rights guaranteed by the State. To confirm this political will, in its article 222, paragraph 3, it offers the possibility of creating an institution to support democracy. This institution, in this case the National Commission on Human Rights, is a mechanism set up in this Act which is intended to assist the public authorities to properly fulfil their constitutional obligations in this regard. The National Commission on Human Rights, CNDH as a sigle, is a technical, advisory, independent, pluralist, apolitical body, with legal personality and with the state budget. In order to preserve its independence and credibility, no national, foreign or international body can give it injunction.

Its mission, powers, organization, composition and operation are determined by this Act, which is structured as follows:

Part I^er : General provisions

Part II: Mission and responsibilities

Title III: Organization, composition and operation

Part IV: Resources

Title V: From the procedure before the CNDH

Part VI: Immunities and the privilege of jurisdiction

Part VII: Final Provisions This is the general economy of this Act.

Act

The National Assembly and the Senate adopted; The Supreme Court of Justice has ruled; The President of the Republic promulgates the following Act:

PART I^er GENERAL PROVISIONS

Article 1^er In accordance with Article 222, paragraph 3, of the Constitution, a National Human Rights Commission is established in the Democratic Republic of the Congo. The National Commission for Human Rights, following CNDH, is an institution supporting democracy.

It is independent, pluralistic, apolitical and has legal personality.

It enjoys administrative, financial and technical autonomy.

Article 2: In the sense of this Law, human rights must be understood, inalienable and inherent rights to human beings as defined by the provisions of Part II of the Constitution and by the relevant international legal instruments, duly ratified and whose respect and exercise, guaranteed by the State, allow the full development of man.

Article 3: CNDH has its headquarters in Kinshasa, the Capital of the Democratic Republic of the Congo. This office, along with provincial and local representation offices, is inviolable.

In the event of exceptional circumstances preventing the NCHR from meeting at its usual headquarters, its Bureau may decide on the place to temporarily house its work.

PART II: MISSION AND ATTRIBUTIONS

Section 1^er : From the mission

Article 4: CNDH is a technical and advisory body responsible for the promotion and protection of human rights.

It ensures respect for human rights and guarantees of fundamental freedoms.

In carrying out its mission, the NCHR is subject only to the authority of the Act.

Article 5: The CNDH shall exercise its action with respect to both public and private individuals or legal entities located in the national territory or abroad.

It carries out its action with regard to individuals, victims or perpetrators, and legal persons responsible for human rights violations in the Democratic Republic of the Congo. It also acts against natural persons of Congolese nationality who are abroad, victims or perpetrators of human rights violations.

Chapter 2: Duties

Article 6: The NCHR shall be responsible for:

1. Investigate all cases of human rights violations;

2. direct the complainants and victims and assist them in bringing justice to all proven human rights violations;

3. carry out periodic visits to prisons and detention centres throughout the Democratic Republic of the Congo;

4. Ensure respect for the rights of women and children;

5. Ensure respect for the rights of persons with disabilities;

6. To ensure respect for the rights of persons of the age, persons with HIV/AIDS, prisoners, refugees, displaced persons of war, victims of all kinds of calamities and other vulnerable groups;

7. making citizens aware of their fundamental rights;

8. To promote civic education and the culture of human rights for a better citizen consciousness;

9. strengthen the capacity of human rights associations to intervene:

10. Ensure the application of national legal standards and regional and international legal instruments on human rights duly ratified by the Democratic Republic of the Congo;

11. resolving certain cases of human rights violations through conciliation;

12. make recommendations for the ratification of the "regional and international legal instruments of human rights;

13. promote and ensure harmonization of national legislation, regulations and practices with international human rights instruments duly ratified by the Democratic Republic of the Congo;

14. To report on the status of implementation of national standards and international legal instruments on human rights;

15. contribute to the preparation of reports submitted by the Democratic Republic of the Congo to international organizations in accordance with its treaty obligations in the field of human rights;

16. Review domestic human rights legislation and make recommendations for its legislative order;

17. to make suggestions that may lead to the sense of the duties necessary for the collective promotion of human rights;

18. provide advice and proposals to Parliament, the Government and other institutions on issues related to the promotion and protection of human rights and international humanitarian law and humanitarian action;

19. develop networks and cooperation with the institutions of the Republic, local, national and international organizations pursuing the same objectives;

20. perform any other duties or activities arising within the scope of the mission.

Article 7:

The CNDH publishes the annual report on its activities and transmits it to the President of the Republic, the National Assembly, the Senate, the Government, the Constitutional Court, the Court of Cassation, the Council of State, the High Military Court and the Prosecutors near these courts. This report is the subject of debate in the National Assembly.

It also publishes and addresses semi-annual reports on the general situation of human rights in the Democratic Republic of the Congo and on ad hoc reports whenever the situation requires. These reports are posted on a website.

PART III: ORGANIZATION, COMPOSITION AND FUNCTIONING

Chapter I^er : Organization

Article 8: The NCHR includes the following bodies: 1. Plenary Assembly; 2. Bureau 3. the Permanent Subcommissions The CNDH has a Technical Secretariat for Administrative, Legal and Financial Affairs. She has a representative office in the head of the province, an Antenna in each city and in the head of the territory. Article 9: The Plenary Assembly shall include all members of the NCHR. It is the CNDH's design, direction, decision and control body. Its decisions are taken by consensus or by majority vote. The President of the CNDH is a Minister and the other members are a Deputy Minister.

Article 10: The Plenary Assembly shall adopt, before the establishment of the Bureau, its Rules of Procedure. This Regulation can only be implemented if the Constitutional Court declares it in conformity with the Constitution within fifteen days of its referral. After this period, the Regulations are deemed to be in compliance.

Article 11: The Bureau is the CNDH's management and coordination body.

It is composed of 4 members: 1. a President; 2. a Vice-President; 3. a Rapporteur; 4. A Deputy Rapporteur.

Article 12: The Permanent Subcommissions are technical bodies responsible for dealing with specific issues relating to the mission of the CNDH. They are organized by the rules of procedure. Article 13: The NCHR comprises five Permanent Subcommissions:

1. the Subcommittee on Civil and Political Rights;

2. the Subcommission on Social, Economic and Cultural Rights;

3. The Subcommission on Collective Rights;

4. the Subcommission on the Rights of Women and Children;

5. the Subcommission on the Rights of Persons with Disabilities and Other Vulnerable Persons, including Persons with HIV/AIDS and Persons with Disabilities^ème Age.

The NCHR may establish ad hoc subcommissions to examine specific issues. Chapter 2: Composition

Article 14: CNDH is representative of the social forces involved in the promotion and protection of human rights. It is composed of nine members, each gender being represented by at least 30 percent of the members. This is:

1. representing non-governmental human rights organizations;

2. a professional representative;

3. a representative of trade unions;

4. a representative of academics;

5. two representatives of religious denominations;

6. a representative of persons with disabilities;

7. a representative of non-governmental organizations on specific women ' s rights;

8. a representative of people living with HIV/AIDS.

Article 15: No one may become a member of the CNDH if he does not meet the following conditions:

1. be of Congolese nationality;

2. be at least 30 years of age;

3. be a graduate degree at least or equivalent and a professional experience of up to 5 years in an area of interest to the Commission;

4. not belong to any governing body of any political formation;

5. demonstrate interest and control in the field of human rights;

6. demonstrate competence, moral and intellectual probity;

7. produce a blank criminal record extract.

Article 16: The members of the CNDH are chosen by the National Assembly on a list of 2 personalities per group, including a woman, designated by their peers. Representatives of religious denominations are chosen by the National Assembly on a list of 4 personalities, including two women, designated by their peers.

Article 17: Members of the NCHR shall sit full-time. They are invested by Order of the President of the Republic.

Article 18: CNDH membership is incompatible with the functions of:

1. member of the Government;

2. members of other institutions of the Republic and those supporting democracy;

3. member of the Armed Forces, National Police and Security Services;

4. magistrate;

5. career agent of state public services;

6. Territorial framework;

7. Public agent;

8. member of the offices of political institutions and other institutions supporting democracy;

9. employed in a public enterprise.

The CNDH membership is also incompatible with the performance of paid functions conferred by a foreign State or an international body.

Article 19: CNDH members are appointed for a five-year term renewable once.

Without prejudice to the previous paragraph, their functions are terminated because of:

1. resignation;

2. permanent impediment;

3. an irrevocable sentence of primary criminal servitude for international offences;

4. the termination of the term on the proposal of two thirds of the members for serious breach without prejudice to the judicial action that may be brought against him;

5. Death.

Under this article, a serious breach, any act or conduct that may jeopardize the mission of the NCHR is constituted.

Article 20: In the event of a vacancy, it shall be provided in accordance with the provisions of articles 15 and 16 on the modalities for the appointment of members of the NCHR. Members of the NHRC appointed to replace those whose functions ended before their normal term, complete the mandate of those they replace.

Article 21: The CNDH shall meet in full right not later than the fifth day after its investment by the President of the Republic. The opening session is chaired by the dean of age, assisted by two less senior members and covers the election of officers and coordinators of the Subcommissions.

Chapter 3: Operating

Article 22: Before their entry into office, the members of the CNDH shall, before the Constitutional Court, take the following oath: "I, ....., swear on the honour, to respect the Constitution and the laws of the Democratic Republic of the Congo, to faithfully and faithfully perform the functions of a member of the National Commission on Human Rights. I take the solemn undertaking not to carry out any activity that could affect the independence and transparency of the National Commission on Human Rights, to stick to the obligation of confidentiality, even after the termination of my duties."

Article 23: CNDH members benefit from the allowances and benefits that provide them with the independence necessary to carry out their mission. Upon entry into office, they are entitled to installation costs equivalent to six months of their emoluments. At the end of their duties, they receive an exit allowance equivalent to six months of their emoluments.

Article 24: CNDH representatives in provincial and local structures are appointed by the Bureau after the Plenary Assembly's advice.

Article 25: The CNDH shall have the personnel necessary for its operation in accordance with the terms defined by the Rules of Procedure.

PART IV: RESOURCES

Article 26: The NHRC's resources are mainly made up of the allocation that is based on the state budget. The NCHR, pursuant to Act No. 10/010 of 27 April 2010 on public finances, prepares its budget estimates exclusively on remuneration and operation. It transmits them to the Government.

Article 27: CNDH may obtain donations and bequests in accordance with the Laws and Regulations in force. Their values are included in the budget estimates for the year following their release.

PART V: PROCEDURE FOR CNDH

Article 28: Any natural person who is a victim of human rights violations may apply to the NCHR. Similarly, a group of people can collectively seize the NCHR. Legally constituted organizations, with the defence and promotion of human rights in their missions, can also refer to the NCHR in place of victims. The CNDH can also seize on its own.

Article 29: Any person or organization that has entered the NCHR shall not be concerned. The civil and military authorities ensure its protection. This protection extends to relatives of the victim, members of the organization and witnesses.

Article 30: The CNDH may, in carrying out its mission, seek the collaboration of any public authority, including law enforcement, administrative and judicial authorities or other natural or legal persons. The authorities and persons seized for this purpose are obliged to assist them.

Article 31: Subject to respect for the rights and freedoms guaranteed by the Constitution, CNDH has the power to access any place to verify allegations of human rights violations.

Article 32: Anonymity is granted to any person who requires it for his testimony before the NCHR. Article 33: The procedure before the NCHR is confidential. The breach of confidentiality is punishable by penalties for breach of professional secrecy.

TITRE VI : DES IMMUNITES ET DU PRIVILEGE DE JURIDICTION

Article 34: Members, executives and agents of the CNDH shall enjoy freedom of movement and security over the entire scope of the Republic.

Article 35: CNDH members may not be searched, prosecuted, arrested, detained or tried because of their opinions either during the exercise of their mandate or after, for the opinions expressed in the exercise of their functions. They are justiciable from the Court of Cassation.

PART VII: FINAL PROVISIONS

Article 36:

The Internal Regulations determine the other practical modalities for the organization and operation of the bodies and the provincial and local structures of the NCHR.

Section 31: This Act comes into force on the date of its promulgation.

Done in Kinshasa, 21 March 2013